Man accused in attack on mother told police he was possessed
Police say a northeastern Indiana a man told an officer that he was possessed by demons and Adolf Hitler when he allegedly bit, hit, punched and choked his mother.
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Bosma: GOP lawmaker home, recovering after crash
Indiana’s House speaker says a top-ranking Republican lawmaker is recovering at home more than a month after a serious motorcycle accident in Michigan. Speaker Brian Bosma said in a statement Thursday that House Ways and Means Chairman Tim Brown is in therapy and continues to improve.
Court of Appeals heads southeast to hear arguments
The Indiana Court of Appeals will head southeast next week to hear two oral arguments, starting with a wrongful death case.
Opinions Oct. 25, 2018
Indiana Supreme Court
Akeem Daniels, Cameron Stingily, and Nicholas Stoner v. FanDuel, Inc. and DraftKings, Inc.
18S-CQ-134
Certified question. Finds Indiana’s right of publicity statute contains an exception for material with newsworthy value that includes online fantasy sports operators’ use of college players’ names, pictures, and statistics for online fantasy contests.
Appeal heard in fatal trucking product liability case
The Indiana Supreme Court heard oral argument Thursday morning on a product liability case, hearing a national motor company’s appeal in a matter involving a worker’s death that includes defective design claims.
Siblings’ trust agreement enforced in probate splits COA
The termination and division of a multi-generational trust containing more than 422 acres of land was affirmed Thursday by the Indiana Court of Appeals, which split on the question of whether a probate court could adjudicate a separate agreement between two heirs.
Justices hear challenge to civil forfeiture disbursements
Contrary readings of Article 8, Section 2 of the Indiana Constitution and its implication on Indiana’s civil forfeiture statute were at issue Thursday when the Indiana Supreme Court heard oral arguments in a case brought by the Virginia-based Institute for Justice.
Justices: Fantasy sports excepted from right of publicity
The Indiana Supreme Court answered a certified question posed by the 7th Circuit Court of Appeals on how Indiana’s right-to-publicity statute affects the fantasy sports industry, finding sites such as DraftKings and FanDuel are shielded by an exception for material with newsworthy value.
Fired, arrested Walmart worker loses appeal
The Indiana Court of Appeals affirmed the grant of summary judgment for Walmart when it found a former employee at its Greencastle store who was fired and arrested for theft after buying deeply discounted tires could not support his claims against the retail giant.
Guilty verdicts set precedent in fighting shady basketball recruiting
A federal jury found three men guilty of fraud charges for channeling secret payments to the families of top-tier basketball recruits to influence their choices of schools, apparel companies and agents.
Trump signs bill streamlining hydropower plant permits
President Donald Trump has signed into law a bill from a Virginia congressman that streamlines the permitting process for certain hydropower plants, including a kind Dominion Energy is considering building.
Reversal: Meth evidence in arrestee’s backpack to be admitted
A trial court erred in suppressing evidence of methamphetamine found in a northern Indiana man’s backpack after he was arrested on an outstanding warrant, the Indiana Court of Appeals ruled Thursday.
Judge strikes brief for exceeding word count
A man who did not understand how to properly figure the word count in his appellant brief was ordered to rewrite it and explain why he should not be penalized for falsely representing that his original brief complied with the word limits.
Opinions Oct. 24, 2018
7th Circuit Court of Appeals
Jay Vermillion v. Corizon Health, Inc., Paul Talbot, and Ruby Beeny
18-1517
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane E. Magnus-Stinson.
Civil. Affirms the striking of Jay Vermillion’s brief for exceeding the acceptable word count and discharges Vermillion’s order to show cause requesting his appellant brief be reinstated on the grounds that it complies with the word count requirement under Rule 32(f). Finds the “Properties” panel in Microsoft Word is not designed to count all words in a document. Also finds citations are not justifiably excluded from the word count simply because Rule 32(f) does not mention them. Finally, finds Vermillion misunderstood both Rule 32(f) and the right place to start counting in Microsoft Word.
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.
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.