Roberts asks federal judges to handle Kavanaugh complaints
Chief Justice John Roberts is referring ethics complaints against new U.S. Supreme Court Justice Brett Kavanaugh to federal judges in Colorado and neighboring states.
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Ex-intern says she had 1992 fling with Indiana house speaker
A woman alleges that when she was an Indiana legislative intern in 1992, she performed oral sex on a married Republican lawmaker who has since become the speaker of the state House of Representatives, a published report Wednesday said.
Uninsured motorist ruling for passenger crash victim reversed
A man who won a judgment that he was covered by his auto insurance’s uninsured motorist policy after a crash that left him a quadriplegic lost the ruling in his favor Wednesday. The Indiana Court of Appeals decision could cost him millions of dollars that a jury awarded in a separate trial.
Opinions Oct. 10, 2018
Indiana Court of Appeals
In the Matter of: T.T. and M.M., Children in Need of Services: C.Y. (Mother) v. The Indiana Department of Child Services
18A-JC-1216
Juvenile CHINS. Reverses the Tippecanoe Superior Court’s denial of C.Y.’s motion to dismiss CHINS petitions filed by the Indiana Department of Child Services in regard to her two children, T.T. and M.M. Finds the fact-finding hearing was not completed within 120 days of the filing of the CHINS petitions. Notes that Indiana Code section 31-34-11-1 creates “a hard and fast deadline” for filing completion. Remands with instructions to dismiss the CHINS petitions without prejudice.
Nonsupport case divides COA on right to be present
The Indiana Court of Appeals affirmed a father’s sentence for failing to pay child support when it found he failed to meet his burden of proof. However, the court split on whether the defendant had a right to be physically present at his sentencing.
Reversal: Key CHINS hearing must be within 120 days
The Indiana Court of Appeals reversed two CHINS petitions when it ruled fact-finding hearings must be completed within 120 days of filing, regardless of any act or agreements of the parties involved.
COA: 2 brands of ‘Spice’ no grounds for 2 dealing convictions
A man found guilty of two counts of dealing in synthetic marijuana — commonly referred to as Spice — should have been convicted of just one charge even though the substances bore different names, the Indiana Court of Appeals ruled Wednesday.
Board of Law Examiners appoints 2 new members
Two new members have been appointed to the Indiana State Board of Law Examiners as announced in an order signed Friday by Chief Justice Loretta Rush.
Councilman to replace outgoing Indiana Senate leader
An Allen County councilman has been selected to fill the seat of the outgoing Republican leader of the Indiana Senate, President Pro Tem David Long, also of Fort Wayne.
SCOTUS schedules Indiana Land Rover civil forfeiture case
The nation’s highest court will hear an Indiana civil forfeiture case next month that could determine whether the Eighth Amendment’s protections against excessive fines can be applied on the state level.
Supreme Court considering case on detention of immigrants
An immigration case before the Supreme Court pits the government against immigrants it wants to deport after crimes they have committed in the United States.
Prosecutors want ex-Indiana town marshal jailed until trial
Prosecutors are asking a judge to lock up the former Van Buren town marshal until his trial on charges that he allegedly took medication from a home while in uniform.
Opinions Oct. 9, 2018
Indiana Court of Appeals
James Wade Baker, Jr. v. State of Indiana
30A01-1710-CR-2511
Criminal. Affirms James Baker’s conviction of Level 6 felony resisting law enforcement by use of a vehicle and Class A misdemeanor driving while suspended with a prior similar offense within the past 10 years. Finds the Hancock Superior Court erred in admitting hearsay evidence from Deputy Kevin Stickford but noted the hearsay evidence was harmless and did not contribute to the jury’s verdict. Also finds the state erred when it asked Baker a question before reading him his Miranda rights. Finds there is sufficient evidence to support the conviction based on eyewitness testimony.
E-filing now mandatory in Warrick County; 4 more courts remain
E-filing is now mandatory in Warrick County, with just four more counties remaining to implement the online filing system.
COA: Deputy’s hearsay wouldn’t change resisting conviction
A habitual offender convicted of resisting law enforcement could not convince the Indiana Court of Appeals on Tuesday that a trial court’s error in admitting hearsay evidence in his case made a fair trial impossible.
Justices won’t hear Indy historic district construction appeal
The Indiana Supreme Court last week denied an appeal from eight members of the Lockerbie Glove Factory Town Home Owners Association who are challenging a construction project in a downtown Indianapolis historic district.
Medical malpractice reversal finds for providers
Health care providers who removed part of a man’s lung after a biopsy sample was misread as likely cancerous are entitled to summary judgment in his medical malpractice case, the Indiana Court of Appeals ruled Tuesday, reversing a trial court ruling.
Puerto Rican lawyer advocates for justice after hurricane
After losing electricity around 4 a.m., Adi Martínez Román braced herself for the worst as Hurricane Maria slammed into her Puerto Rican home in September 2017.
Real estate attorney Barbara Wolenty dies at 62
Longtime Indianapolis real estate development attorney Barbara A. Wolenty is being remembered as a talented but tough dealmaker, spirited and gifted friend, well-regarded adviser and beloved mother and wife. Wolenty died Oct. 2 at age 62 after battling cancer.
Kavanaugh to hear first Supreme Court arguments
A Supreme Court with a new conservative majority takes the bench as Brett Kavanaugh, narrowly confirmed after a bitter Senate battle, joins his new colleagues to hear his first arguments as a justice.