Juvenile waived to adult court in Indy doctor’s slaying
A juvenile has been waived to adult court to face charges in the fatal shooting of an Indiana University doctor and educator last year.
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Inmate who confessed sentenced to 63 years in 2008 slaying
A prison inmate who confessed in 2017 to a slaying years earlier in eastern Indiana has been sentenced to 63 years in prison.
Opinions Sept. 13, 2018
Indiana Supreme Court
Jennifer Cox v. Evansville Police Department and The City of Evansville; Babi Beyer v. The City of Fort Wayne
18S-CT-447
Civil tort. Affirms denial of summary judgment to Evansville and Fort Wayne on a claim of respondeat superior. Finds that when a police officer’s tortious acts — in this case sexual assault — fall within the scope of employment, the city is liable. Also affirms the trial courts’ grants of summary judgment to the cities on common-carrier theory. Finds the relationships between the cities and the women in these cases do not fall within the common-carrier exception.
Justices: Evansville, Fort Wayne partly liable for police sex assaults
The Indiana Supreme Court affirmed two cities were entitled to summary judgment on the common-carrier theory, but not on the issue of liability under respondeat superior’s scope-of-employment rule in a consolidated civil lawsuit involving two women who were sexually assaulted by on-duty police in Evansville and Fort Wayne.
Absent juvenile did not waive rights, split Supreme Court rules
The Indiana Supreme Court split over whether a juvenile waived his right to be present when he skipped his hearing, but the justices came together in calling for a legislative remedy. Justices in a 3-2 decision reversed the teen’s juvenile delinquency adjudication.
Prominent Anderson attorney faces OWI, habitual offender counts
An Anderson attorney who is the son of the city’s mayor and served as a deputy city attorney faces drunken-driving charges after he was allegedly involved in a property damage crash. The Madison County Prosecutor’s Office also is seeking habitual offender status against the lawyer.
COA affirms ruling for lawyer on legal malpractice claim
The Indiana Court of Appeals affirmed summary judgment for a Bloomington lawyer accused of legal malpractice, finding the evidence negated the proximate cause element of the claim.
Ruling: DOC violating rights of inmates with hepatitis
The Indiana Department of Correction’s failure to provide inmates with recommended hepatitis C treatment violates their constitutional protections against cruel and unusual punishment, a federal judge ruled Thursday in a groundbreaking order.
Indiana teen charged in suffocation deaths of his 2 siblings
A 14-year-old southeastern Indiana boy charged in the suffocation deaths of his two young siblings told investigators that he killed them so that they wouldn’t “have to live in the hell that he did,” prosecutors allege.
Grand jury indicts 3 ex-sheriff’s employees in payroll case
A grand jury has indicted three former civilian employees of a northern Indiana sheriff’s office who allegedly were compensated for work they didn’t perform.
House speaker: Top GOP lawmaker in critical condition
Indiana’s House speaker said Thursday a top-ranking Republican lawmaker is in critical condition after a motorcycle accident in Michigan. Rep. Tim Brown had been placed in a medically induced coma after the crash.
House Ways and Means chairman in coma after motorcycle crash
A top Indiana lawmaker was in a medically induced coma Wednesday after being involved in a motorcycle accident in northern Michigan, his traveling companion told Indianapolis Business Journal.
Daleville woman formally charged in son’s hot car death
Prosecutors have filed formal charges against a central Indiana woman who had been drinking and was taking a nap while her 2-year-old son crawled into a hot car and later died.
Volunteers sought to judge mock trial competition at McKinney
Volunteers are needed to judge the upcoming inaugural Indy Mock Hundred mock trial invitational at Indiana University Robert H. McKinney School of Law.
Justices to hear cell location history case in Anderson
The Indiana Supreme Court will travel north to Madison County later this month to hear an oral argument regarding how and when law enforcement may obtain historical cell phone location information in criminal investigations.
Noted attorney to speak at McKinney on ‘foodborne litigation’
An attorney who has represented thousands of people sickened by contaminated food products dating back to the 1993 Jack in the Box E. coli outbreak will speak at Indiana University McKinney School of Law Thursday.
Terre Haute killer loses appeal to withdraw guilty plea
A man who pleaded guilty to murder last year and was sentenced to 60 years in prison cannot withdraw his plea, the Indiana Court of Appeals ruled Wednesday.
7th Circuit: Attempted robbery not violent crime in Indiana
A juvenile accused of robbing a pharmacy might not be tried in federal criminal court because attempted robbery is not considered a violent crime in Indiana, the 7th Circuit Court of Appeals ruled Tuesday, vacating the teen’s waiver to be tried as an adult.
Opinions Sept. 12, 2018
The following 7th Circuit Court of Appeals opinion was posted after Indiana Lawyer deadline Tuesday.
United States of America v. D.D.B.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Criminal. Vacates the waiver of D.D.B. from juvenile to adult court on a robbery charge. Holds that attempted robbery does not satisfy the juvenile waiver requirement of a prior adjudication for a violent crime, because the Indiana attempted robbery statute does not include an intent element. Remands for proceedings.
Ex-Indiana State Police evidence clerk charged with theft
A former Indiana State Police evidence clerk is accused of stealing more than $50,000 from the evidence room at the agency’s Bloomington police post.