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Opinions Aug. 14, 2018

August 14, 2018

Indiana Court of Appeals
Jordan Allen-Wilson v. State of Indiana (mem. dec.)

18A-CR-201 
Criminal. Affirms Jordan Allen-Wilson’s 10-year executed sentence and conviction of Level 2 felony robbery resulting in serious bodily injury. The Hendricks Superior Court did not err in failing to rebut his mistake-of-fact defense, and the sentence was not inappropriate. 

Attorney guilty of felony OWI avoids suspension, gets JLAP monitoring

August 14, 2018

An Indianapolis attorney with two operating while intoxicated convictions in as many years has received a stayed suspension of her law license from a majority of the Indiana Supreme Court, which ordered the attorney to participate in Judges and Lawyers Assistance Program monitoring.

Same-sex marriage could cost Catholic school counselor job

August 14, 2018

A guidance counselor at an Indianapolis Catholic school could lose her job after administrators learned that she was married to a woman. The employee who worked for the school for 15 years and has been with her partner for 22 years says she has hired an attorney.

Man charged with manslaughter in Indiana road rage beating

August 14, 2018

A 27-year-old man has been charged with involuntary manslaughter after a 60-year-old man died of cardiac arrest after being beaten in an apparent road rage attack in Fort Wayne.

Manafort trial turns from prosecution’s case to his defense

August 14, 2018

Prosecutors rested their tax evasion and bank fraud case in the trial of former Trump campaign chairman Paul Manafort, closing two weeks of testimony that depicted him as using millions of dollars hidden in offshore accounts to fund a luxurious lifestyle — and later obtaining millions more in bank loans under false pretenses.

AG Hill may have violated law in online ad

August 13, 2018

Indiana Attorney General Curtis Hill Jr. may have violated a state ethics law prohibiting officeholders from using their names in audio, video or newspaper ads paid for with state funds.

1L class brings strong credentials; 104 students return to Valpo

August 13, 2018

Freshly arriving law students are turning on their laptops, getting their student IDs, finalizing their schedules and preparing for the start of classes at Indiana’s law schools. The new law school year has started or will start in the next week at all four of Indiana’s law schools.

Opinions Aug. 13, 2018

August 13, 2018

Indiana Court of Appeals

Nicole Kingrey v. Michael Kingrey (mem. dec.)
18A-DR-533
Domestic relation. Affirms the Harrison Circuit Court’s decision awarding sole physical and legal custody of minor child B.K. to father, Michael Kingrey. Finds the trial court did not abuse its discretion or err in modifying custody.

Justices let wrongful death suit proceed against Munster Church

August 13, 2018

A wrongful death suit brought against a Munster church by the family of a babysitter who died at the home of the church’s pastors will proceed to trial after the Indiana Supreme Court denied transfer last week.

Northern District appoints AUSA as new magistrate judge

August 13, 2018

A new magistrate judge has been selected in the U.S. District Court for the Northern District of Indiana to succeed retiring Magistrate Judge Paul R. Cherry.

Northern District imposes new fee for copies of records outside of e-case management system

August 13, 2018

A new fee included on the Indiana Northern District Court’s Miscellaneous Fee Schedule will charge $31 per record for the reproduction and transmission of copies of electronic court records not stored in the court’s electronic case management system.

COA headed to Fort Wayne to hear med-mal appeal

August 13, 2018

The Indiana Court of Appeals will travel to Fort Wayne this week to hear oral argument in a medical malpractice appeal. Judges Edward Najam, Paul Mathias and Terry Crone will hear Cindy and Ron Glon v. Memorial Hospital of South Bend, Inc., 18A-CT-00049 at 10 a.m. Thursday at the Allen County Courthouse.

Memo shows Kavanaugh resisted indicting a sitting president

August 13, 2018

Newly released documents from Supreme Court nominee Brett Kavanaugh’s time on the Kenneth Starr team investigating Bill Clinton reveal his resistance to issuing an indictment of a sitting president. The memo, tucked toward the end of nearly 10,000 pages released Friday, provides greater insight into Kavanaugh’s views on executive power that are expected to feature prominently in his Senate confirmation hearings next month.

Indiana Supreme court ruling doesn’t settle Lake Michigan beach access

August 13, 2018

An Indiana man alleges a homeowner along Lake Michigan tried to remove people from the beach despite an Indiana Supreme Court ruling allowing lakeshore access, despite an Indiana Supreme Court ruling that the state owns the shoreline and holds it in trust for all residents.

Indiana BMV directed to repay final $3.3M in fee overcharges

August 13, 2018

Indiana drivers who were overcharged by the state Bureau of Motor Vehicles could soon find it easier to claim the last $3.3 million of a much larger class-action settlement. A bureaucratic snafu had prevented people from receiving their payments from the state attorney general’s unclaimed property division, so Marion County Judge Heather Welch directed the BMV to refund the money itself through credits or refund checks.

Jury awards $289M to man who blames Roundup for cancer

August 13, 2018

A San Francisco jury’s $289 million award to a former school groundskeeper who said Monsanto’s Roundup left him dying of cancer will bolster thousands of pending cases and open the door for countless people who blame their suffering on the weed killer, the man’s lawyers said.

Holcomb appoints 3 to Marion County bench

August 10, 2018

Two practicing attorneys and one Marion County magistrate have been named as Marion Superior Court judges, the first time the county’s judges have been appointed pursuant to merit-based selection. Gov. Eric Holcomb announced his selections Friday afternoon.

Knox County judge reprimanded for tossing friend’s case

August 10, 2018

A Knox Superior Court judge had been publicly reprimand for reinstating a close friend’s suspended driver’s license and suggesting a deputy prosecutor dismiss the case, according to an Indiana Supreme Court order issued Friday.

Indy attorney suspended, ordered to participate in JLAP services

August 10, 2018

An Indianapolis attorney who was recently diagnosed with a mental health condition has been suspended from the practice of law and must participate in recovery services with the Indiana Judges and Lawyers Assistance Program.

Opinions Aug. 10, 2018

August 10, 2018

Indiana Supreme Court
In the Matter of the Honorable Ryan D. Johanningsmeier, Judge of the Knox Superior Court 2

18S-JD-351
Judicial discipline. Reprimands Knox Superior Court 2 Judge Ryan D. Johanningsmeier.  Under a Statement of Circumstances and Conditional Agreement for Discipline, finds Johanningsmeier engaged in judicial misconduct by his actions in, and failure to recuse from, a close friend’s traffic-infraction case. Finds Johanningsmeier violated six provisions of the Code of Judicial Conduct.

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In This Issue

  • Can ChatGPT practice law? OpenAI faces first-of-its-kind lawsuit in Illinois.

  • RICO suit vs. Lilly could reap billions if successful

  • Indiana-based pork producer agrees to settlement in wage-related lawsuit

Most Read
  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Ripley Co. teen sentenced to 100 years for killing 2 siblings

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