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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.

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.

Justices won’t disturb conviction in triple killing

The Supreme Court of the United States is rejecting an appeal from a man convicted of joining a New Orleans police officer in the killing of her fellow officer and two other people during a 1995 robbery.

Elkhart police K-9 excessive force case to continue

An Elkhart police officer accused of using excessive force when he deployed a K-9 officer on a suspect lying in a cornfield has lost his bid for summary judgment and qualified immunity in federal court.

SCOTUS asked to take Lake Michigan beach privatization case

Arguing the Indiana Supreme Court “asserted a novel public right to access the entire beach” of Lake Michigan, private lakeshore landowners Friday asked the Supreme Court of the United States to rule that the public was entitled to use no part of the beach above the water itself.

Appeals on wheels heads east for OWI argument

The Indiana Court of Appeals will travel east this week to hear argument in a case involving a woman convicted of operating a vehicle while intoxicated. The case will be heard Tuesday at Winchester Community High School.

Many Indiana counties face jail crowding with inmate shift

Taxpayers in dozens of Indiana counties will be paying for new jail beds years after sweeping state criminal code changes began sending more low-level offenders into local jails instead of state prisons. At least 40 jails in Indiana are over capacity, and a recent state survey found that almost half of all jail inmates are Level 6 felons, the lowest-level felons.

Ex-superintendent of Gary schools faces misconduct charges

The former Gary Community Schools superintendent has been charged with double-billing the district for about $1,200 in expenses. Lake County prosecutors filed felony theft and official misconduct charges on Friday against Cheryl Pruitt, who resigned as superintendent in February after a state-appointed emergency manager took over the district as it faced more than $100 million in debt.

Portage mayor’s federal bribery trial delayed until January

A federal judge has push backed the trial of a northwestern Indiana mayor facing bribery charges of accepting money in exchange for towing contracts. The trial against Republican Portage Mayor James Snyder had been scheduled to begin Tuesday, but will now begin in January. 

Bitter fight over Kavanaugh shadows a conservative court

The moment conservatives have dreamed about for decades has arrived with Brett Kavanaugh joining the Supreme Court. But with it comes the shadow of a bitter confirmation fight that is likely to hang over the court as it takes on divisive issues, especially those dealing with politics and women’s rights.

Indiana bar passage rate improves to 65 percent after appeals process

The final passage rates for the July 2018 Indiana bar exam show 65 percent of all takers successfully completed the test, a result that is closely aligned with recent years. Final results for the July 2018 exam were released Friday by the Indiana Board of Law Examiners.

State’s request for stay rebuffed in voter registration case

An attempt by the state of Indiana to squash discovery into its practice of maintaining voter rolls has been stopped by the Southern Indiana District Court, which pointed out to both parties that it has “extremely broad discretion in controlling discovery.” Judge Tanya Walton Pratt issued the order Friday in Common Cause Indiana v. Connie Lawson, et al., denying the state’s request to stay proceedings and discovery while the case is on interlocutory appeal.

Opinions Oct. 5, 2018

Indiana Court of Appeals 
Umesh Kaushal v. State of Indiana
49A04-1612-CR-2862
Criminal. Affirms the Marion Superior Court’s denial of Umesh Kaushal’s motion to withdraw his guilty plea for Level 4 felony child molesting. Finds Kaushal did not establish that he was prejudiced by his counsel’s performance in light of Jae Lee v. United States. Also finds Kaushal did not establish a reasonable probability that he would not have pled guilty and would have insisted on going to trial if not for his counsel’s errors.