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Ex-judge accused of sex-based harassment tentatively settles

November 8, 2018

A former Huntington County judge has reached a tentative settlement with his accuser in a sex-based harassment case brought by a county probation officer who alleged the judge engaged in a “campaign of sex-based harassment, discrimination, and retaliation” that “created a hostile and oppressive workplace environment.”

COA: ‘Irritated’ judge must make immigration findings

November 8, 2018

A trial court judge who refused to make federal findings regarding a minor litigant’s immigration status because he was “irritated” by having to deal with federal law must now consider the immigration questions after the Indiana Court of Appeals found the judge’s refusal was erroneous.

Indigent man ordered to pay $5,000, guilty plea waiver valid

November 8, 2018

The 7th Circuit Court of Appeals affirmed a district court’s imposition of a $5,000 special assessment to a man, despite the discovery that he was indigent, finding no evidence to suggest his waiver was invalid.

COA: Sisters separated from mother, brothers is in best interests

November 8, 2018

The Indiana Court of Appeals affirmed a trial court termination of parental rights in a “most unusual circumstance” when it found the separation of two minor daughters from their brothers and mother was in the girls’ best interests.

Reversal: Officer’s suit reinstated, bond requirement ambiguous

November 8, 2018

The Indiana Court of Appeals reversed a trial court’s grant of summary judgment to a Northeastern Indiana city when it found the lower court failed to fix a bond amount for a disciplined police officer by the time of judgment.

Appeals court splits over ‘manifest injustice’ in resentencing

November 8, 2018

The majority of an Indiana Court of Appeals panel reversed the resentencing of a burglar who was serving an out-of-state sentence, holding that a harsher sentence that was imposed on a prior remand was a manifest injustice. But a dissenting judge wrote that the offender’s victims would suffer a greater injustice if the sentence is reduced.

Bank robbers disguised in ’70s garb to be resentenced

November 8, 2018

The 7th Circuit Court of Appeals reversed three men’s attempted robbery convictions for lack of evidence but affirmed their remaining convictions and ordered them resentenced. The men were accused of robbing several Indianapolis-area financial institutions donned in 1970s apparel.

Revised vote tally flips St. Joseph race, ousting probate judge

November 8, 2018

The St. Joseph Probate Court judge was unseated in Tuesday’s election, reversing earlier results showing Republican Judge James Fox had retained his office. Official final vote totals now show Democratic challenger Jason Cichowicz narrowly defeated Fox in the state’s closest judicial race.

With new Justice official, fate of Russia probe in question

November 8, 2018

Attorney General Jeff Sessions was pushed out after enduring more than a year of blistering and personal attacks from President Donald Trump, who inserted in his place a Republican Party loyalist with authority to oversee the remainder of the special counsel’s Russia investigation. The move Wednesday has potentially ominous implications for special counsel Robert Mueller’s Russia probe.

Ginsburg, 85, hospitalized after fracturing 3 ribs in fall

November 8, 2018

The Supreme Court says 85-year-old Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital. The court said the justice went to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight after a  Wednesday evening fall.

Porter County begins counting votes after delay

November 8, 2018

The commissioners in a northwestern Indiana county plagued by a mix of Election Day problems asked the FBI on Wednesday to investigate what they called “scores of alleged violations of Indiana Election Law” reported following Tuesday’s election. Porter County officials did not begin counting votes until Wednesday morning, more than 15 hours after the first polling places closed.

Jeff Sessions pushed out as AG after a year of attacks from Trump

November 7, 2018

Attorney General Jeff Sessions was pushed out Wednesday as the country’s chief law enforcement officer after enduring more than a year of blistering and personal attacks from President Donald Trump over his recusal from the Russia investigation.

Divided justices deny child murderer death penalty relief

November 7, 2018

The Indiana Supreme Court has upheld the denial of post-conviction relief for a convicted child murderer and arsonist sentenced to death, finding that while the man’s counsel did make mistakes, those mistakes did not rise to the Strickland level of deficient performance. However, Chief Justice Loretta Rush dissented and would have allowed the case to proceed to a new penalty phase.

Opinions Nov. 7, 2018

November 7, 2018

Indiana Court of Appeals
Indiana University Health Southern Indiana Physicians, Inc., et al. v. Charlene Noel

18A-CT-1299
Civil tort. Affirms the denial of Indiana University Health Southern Indiana Physicians, Inc., Sarah Whiteman, NP, and Dr. Carlito Sabandal’s motion to transfer venue in Charlene Noel’s medical malpractice complaint from Marion County to Lawrence County. Finds Indiana Code section 23-0.5-4-12 conflicts with Trial Rule 75(A)(4) as interpreted by the Indiana Supreme Court, making the statute a nullity.

Appellate court says preferred venue statute is void

November 7, 2018

The Indiana Court of Appeals has held that a statute concerning preferred venue in corporate lawsuits is void because it conflicts with an Indiana Supreme Court-adopted trial rule. The appellate court’s ruling upheld the denial of a change of venue motion in a medical malpractice case based on the statute being a nullity.

Ice Miller attorney faces discipline in Park Tudor sex abuse case

November 7, 2018

A prominent Indianapolis employment attorney is facing a disciplinary complaint for his involvement in the botched investigation of a former Park Tudor basketball coach who later was convicted of coercing a student into exchanging sexually explicit images and texts. Ice Miller LLP partner Michael Blickman, 65, is accused of possessing and copying child pornography, failing to immediately report child abuse and other ethical rule violations.

COA rules in Circle Centre escalator injury discovery dispute

November 7, 2018

The Indiana Court of Appeals affirmed in part, reversed in part and remanded a discovery case after it found that all but one document in dispute were either protected or non-discoverable under the work-product doctrine and attorney client privileges.

Indiana joins 21-state coalition supporting Trump energy plan

November 7, 2018

Indiana joined a 21-state coalition in support of President Donald Trump’s proposed replacement of the Clean Power Plan, an Obama-era effort to limit carbon emissions from coal-fired power plants.

Voters oust trial court judge; Carmichael beats party-switching ex-jurist

November 7, 2018

Southern Indiana voters rejected one trial court judge and narrowly re-elected another who was challenged by a former colleague who changed parties to run against her. Jefferson Circuit Court Judge Darrell Maurice Auxier, a Democrat, was the lone sitting Indiana trial court judge to lose his bid for re-election, while Clark Circuit Judge Vicki Carmichael retained her bench seat in one of Indiana’s closest countywide trial court races Tuesday. 

Glitches keep Porter County from counting votes

November 7, 2018

Officials northwestern Indiana’s Porter County, which hasn’t reported any general election votes, are sorting through a mix of problems to get ballots counted a day after the election.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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