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Quigley: Kavanaugh could be deciding vote on ACA

July 23, 2018

The successor to United States Supreme Court Justice Kennedy may determine the fate of the Affordable Care Act, according to Fran Quigley, Indiana University Robert H. McKinney School of Law Health and Human Rights Clinic Director.

Opinions July 23, 2018

July 23, 2018

Indiana Court of Appeals
Melodie Liddle v. Cameron F. Clark, in his official capacity as Director of the Indiana Department of Natural Resources, et al.

49A04-1707-MI-1662
Miscellaneous. Affirms the Marion Superior Court’s summary judgment rulings limiting the calculation of damages and denial of Melodie Liddle’s request for declaratory judgment.

AG Hill, attorney Bopp start nonprofit legal defense fund

July 23, 2018

Supporters of embattled Indiana Attorney General Curtis Hill have created a nonprofit to raise money for his legal defense amid allegations the Republican drunkenly groped a state lawmaker and three legislative staffers.

Lake Circuit asbestos abatement may alter proceedings

July 23, 2018

The main courtroom for Lake Circuit Court in Crown Point began a four-month asbestos abatement Monday that may change the location of some court dates, Circuit Judge Marissa McDermott announced in a letter to the bar. The courtroom — Room B-203 — will be under construction, which may affect the proceedings of the Lake Circuit and probate courts

Coerced victim’s prior statement admissible, COA affirms

July 23, 2018

A victim unavailable to appear in court because of the defendant’s coercion to remain silent does not mean admitting her prior statements is considered hearsay, the Indiana Court of Appeals affirmed Monday.

Driver wins $500K judgment in Gibson County truck crash

July 23, 2018

A motorist injured when his vehicle was struck by a semi-truck whose driver was distracted by a dropped cellphone was awarded a $500,000 damages verdict in federal court in Evansville last week. Magistrate Judge Matthew Brookman entered judgment in favor of motorist Michael J. Smith and his wife, Marcia Smith, and against defendants Gregory Peterson and Triple B Trucking.

COA rules for DNR after dog killed by raccoon trap at park

July 23, 2018

A woman whose pet beagle was killed by a concealed raccoon trap in Versailles State Park has lost her bid for declaratory judgment against the Indiana Department of Natural Resources after the Indiana Court of Appeals determined the woman’s claims were moot. The court also found the dog’s sentimental value could not be considered in the calculation of damages.

Ex-Indy bond bank employees charged with theft of nearly $400K in public funds

July 23, 2018

Two former Indianapolis Local Public Improvement Bond Bank employees have been charged with theft and insurance fraud by the Marion County Prosecutor’s Office after being accused of taking funds totaling nearly $400,000 from the bond bank.

Trump returns to ‘Witch Hunt’ tweets against Mueller probe

July 23, 2018

Capping a week of drama, backtracking and blistering statements from allies about his attitude toward Russian election interference, President Donald Trump on Monday returned to familiar rhetoric, referring to the special counsel’s Russia probe as a “hoax” and “Witch Hunt.”

Floyd County officials reach tentative settlement in jail death

July 23, 2018

A sheriff’s department in southern Indiana has reached a tentative settlement with the father of a woman who died in detention.

Guatemalan pleads guilty in crash that killed Colts player

July 23, 2018

A Guatemalan man living illegally in the U.S. pleaded guilty Friday to driving drunk in a crash that killed Indianapolis Colts linebacker Edwin Jackson and his Uber driver.

Opinions July 20, 2018

July 20, 2018

Indiana Court of Appeals
City of Indianapolis v. Bradley T. Maynard (mem. dec.)

49A02-1710-MI-2300
Miscellaneous. Reverses the Marion Superior Court’s entry of default judgment in favor of Bradley Maynard in his action for judicial review from an administrative decision upholding his citation for violating a parking ordinance. Finds Maynard’s action was untimely because he did not tender a summons upon the clerk within the limitations period. Also finds that because Maynard never served a summons when he petitioned for judicial review, the default judgment entered against the City of Indianapolis is void for lack of personal jurisdiction. Remands with instructions for the trial court to vacate its judgment and reinstate the County Board of Ordinance Violation’s decision.

ACLU launches LGBTQ resources project

July 20, 2018

The American Civil Liberties Union of Indiana announced Thursday its statewide launch of the LGBTQ Rights Project, an initiative that encompasses current and future work to defend and advance the rights of LGBTQ Hoosiers. 

Attorney leads Indy students to win national debate competition

July 20, 2018

When Indianapolis attorney Maurice Scott’s wife told him there were students at the Global Prep Academy who had questions about current government issues, he immediately volunteered to give some answers. Scott and three students travelled to Nashville, Tenn. on Thursday to participate in a national debate competition.

Family questions use of force in arrest of teen at festival

July 20, 2018

The family of a 15-year-old boy who was arrested at a festival in Hammond says officers used excessive force by restraining the teen on the ground and placing their knees on his back. Hammond police, however, say they did nothing wrong in arresting the boy Wednesday for disorderly conduct while breaking up a fight between two girls at the Festival of the Lakes.

Indiana authorities reach tentative settlement in Floyd County jail death

July 20, 2018

The Floyd County Sheriff’s Department has reached a tentative settlement with the father of a woman who died in detention. An order was issued June 22 to file documents and authorize dismissal within 60 days of a civil case filed by Mark Robb against Floyd County Sheriff Frank Loop, the sheriff’s department and eight other employees.

It’s hard to remove Indiana officials, including attorney general

July 20, 2018

Indiana Attorney General Curtis Hill remains defiant despite growing bipartisan pressure for him to resign after three women, including a state lawmaker, went public with claims that he drunkenly groped them at an Indianapolis bar. Should the situation devolve further, there are several — albeit rarely used — ways the Legislature could oust Hill from office.

Muncie’s former building commissioner admits corruption

July 20, 2018

Muncie’s former building commissioner has agreed to plead guilty to federal corruption charges. In an agreement filed Thursday in U.S. District Court in Indianapolis, Craig Nichols pleaded guilty to one count each of wire fraud and money laundering. Nichols faces a maximum of 20 years in prison and a fine of up to $250,000 on each count.

Purdue prof, wife indicted on federal fraud charge

July 20, 2018

A federal grand jury has indicted a Purdue University professor and his wife on fraud charges, alleging they used federal grants to enrich themselves. The indictment filed Thursday names 59-year-old Qingyou Han, director of the Purdue Center for Materials Processing Research in West Lafayette, and his wife, 51-year-old Lu Shao.

NCAA to study possible effects of widespread legal wagering

July 20, 2018

The NCAA plans to study how the expansion of legalized betting could affect college athletics and member schools. The Supreme Court opened the door for states to have legal wagering on sporting events when it struck down a federal ban in May.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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