Woman who said boyfriend killed self now charged with murder
A Merrillville woman who told police she “watched the love of her life commit suicide” now faces a murder charge alleging that she killed her boyfriend and staged his death as a suicide.
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Immigration and health policy subject of symposium
Questions about what happens when immigration and health policy collide in the current administration will be answered on Friday during an annual health law symposium at Indiana University Robert H. McKinney School of Law.
Instruction on second trial stage in gun case not prejudicial
The Indiana Court of Appeals affirmed a man’s serious violent felon conviction when it found the trial court did not commit fundamental error by instructing a jury that there might be a second phase to his case.
California class action: Scooters a public nuisance, cause unrest
A class-action lawsuit filed in Los Angeles last week is taking aim at the rising prominence of pedestrian scooters across California, claiming the scooters’ manufacturers and distributers caused a public nuisance and civil unrest. The suit seeks to have two brands of scooters that also recently appeared on Indianapolis streets banned from the state.
Reversal: Claim of 165 texts in 24 hours doesn’t prove stalking
The Indiana Court of Appeals revoked a man’s protective order against the mother of his child when it found that her excessive messaging in a 24-hour period did not constitute stalking.
Man sentenced to 75 years in fatal shooting at Legion post
A southwestern Indiana man has been sentenced to 75 years in prison for fatally shooting a man last year outside an American Legion post in Evansville.
Sandra Day O’Connor announces likely Alzheimer’s diagnosis
Sandra Day O’Connor, the first woman on the Supreme Court, announced Tuesday in a frank and personal letter that she has been diagnosed with “the beginning stages of dementia, probably Alzheimer's disease.”
No criminal charges, but AG Hill faces suits from accusers
After the special prosecutor announced his decision Tuesday not to bring charges against Indiana Attorney General Curtis Hill, the four women who have accused the state’s top lawyer of sexual misconduct stepped into the public spotlight together and said they are not done fighting.
Opinions Oct. 23, 2018
Indiana Court of Appeals
Damon L. Maffett v. State of Indiana
82A04-1711-CR-2679
Criminal. Affirms Damon Maffett’s 10-year sentence for conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Vanderburgh Circuit Court did not abuse its discretion when it admitted three minutes of a videotaped police interview of Maffett and police testimony about the presence of handgun ammunition in the apartment. Finds Maffett’s sentence is not inappropriate based on his prior and extensive criminal history record.
Report: AG Hill’s behavior ‘creepy’ but not criminal
A 25-page report released by the Indiana Office of the Inspector General on Tuesday shines a light on the fallout from groping allegations against Attorney General Curtis Hill, including new allegations that he inappropriately touched four lobbyists in addition to the four women who previously accused him.
COA: Admission of interview video harmless in firearm conviction
The Indiana Court of Appeals affirmed the firearm conviction and sentence of a man when it found the admission of a nearly incomprehensible interview video was, at most, harmless in his case.
Trump taps ex-Monsanto executive to lead wildlife agency
President Donald Trump says he is nominating a former executive at agribusiness giant Monsanto to head the Fish and Wildlife Service.
Justices grant one transfer petition, deny 23
The Indiana Supreme Court granted transfer to a case involving an estate, the only case out of 24 justices chose to hear last week. The court denied two transfer petitions by 3-2 votes.
Justices to hear civil forfeiture argument, 2 others
Justices to hear oral argument on civil forfeiture case, two othersThe Indiana Supreme Court will hear oral argument in three cases on Thursday, including a case dealing with the distribution of civil forfeiture proceeds.
AG Hill to continue to serve despite likely suits by accusers
Facing the prospect of lawsuits from four women he is accused of groping, embattled Indiana Attorney General Curtis Hill vowed through his legal team Tuesday to stay in office. A special prosecutor Tuesday declined to criminally charge Hill but said the AG admitted he consumed a significant amount of alcohol and touched his accusers the night of the alleged incidents.
Retired Justice Sandra Day O’Connor withdraws from public life
Sandra Day O’Connor, the first woman on the Supreme Court, has stepped back from public life. The 88-year-old, for more than two decades often the deciding vote in important cases, is now fully retired and no longer makes public appearances.
Supreme Court: Ross can’t be questioned in census suit
The U.S. Supreme Court is siding with the Trump administration to block the questioning of Commerce Secretary Wilbur Ross about his decision to add a citizenship question to the 2020 census.
No charges against AG Hill, but lawmaker, victims to sue
While a special prosecutor Tuesday morning said he would file no criminal charges against Indiana Attorney General Curtis Hill on allegations he groped four women, the prosecutor said Hill admitted that he consumed a significant amount of alcohol and admitted to touching the alleged victims, who said Tuesday they intend to sue Hill and the state.
Opinions Oct. 22, 2018
7th Circuit Court of Appeals
Francina Smith v. GC Services Limited Partnership
18-1361
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the Southern District Court’s denial of collection agency GC Services’ motion to compel arbitration. Finds GC Services waived any right to arbitration when it did not make a diligent assertion of that right. Also finds that as a non-signatory, GC Services cannot enforce the arbitration agreement. Concludes the district court’s denial was not erroneous.
Collection agency’s extensive delay waives arbitration right
The 7th Circuit Court of Appeals affirmed the denial of a collection agency’s delayed motion to compel arbitration when it found the agency had inadequate explanations for its delay and had waived any right to arbitrate.