7th Circuit: Meth weight needs only preponderance of evidence
Determining drug quantities at sentencing is not an exact science and requires only proof by a preponderance of the evidence, the 7th Circuit Court of Appeals affirmed Wednesday.
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‘Manafort and his lies’ at heart of case, prosecution argues
Paul Manafort lied to keep himself flush with cash and to maintain his luxurious lifestyle when his income dropped off, prosecutors told jurors Wednesday in closing arguments in the former Trump campaign chairman’s financial fraud trial.
7th Circuit scrubs en banc hearing on welcoming ordinance
Although the 7th Circuit Court of Appeals has cancelled an en banc hearing to reconsider a nationwide injunction that protected welcoming ordinances across the country, it left the door open for the U.S. Attorney General to file a new challenge to what the Trump administration terms sanctuary cities.
Allen Judge Levine joins Surbeck in retiring; 7 to be interviewed
With more than 100 years of combined legal experience, Allen Superior judges John Surbeck Jr. and Stanley A. Levine will retire December 31, having devoted half of their careers to the bench in Fort Wayne. Seven candidates will be interviewed for Surbeck’s vacancy, which was announced in June, and applications to succeed Levine, who announced his retirement Monday, will be accepted later.
Public hearing on child support guidelines Friday
The Domestic Relations Committee of the Judicial Conference of Indiana is seeking comments on Indiana’s Child Support Guidelines and will hold a public hearing at 10 a.m. Friday in the Indiana Supreme Court Courtroom at the Statehouse to discuss the guidelines.
Judge pro tempore appointed in Terre Haute City Court
Attorney Kim Antcliff Jackson of Cory, Indiana, took office Monday as Terre Haute City Court Judge pro tempore, replacing retiring Judge Chris A. Wrede. Jackson’s appointment was announced in an Indiana Supreme Court order issued Thursday.
Opinions Aug. 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
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
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
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
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
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
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
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
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
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
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
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
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
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.