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Supreme Court remands sentence modification cases after new statute takes effect

July 16, 2018

The Indiana Supreme Court has remanded two cases that it previously granted transfer to back to the Indiana Court of Appeals for reconsideration in light of a new statute addressing permissible sentence modifications. The cases of State v. Stafford and Rodriguez v. State were sent back to the lower appellate court on Thursday after the 2018 version of Senate Enrolled Act 64 took effect on July 1.

Retention website created ahead of Slaughter, Altice November retention vote

July 16, 2018

Indiana’s state courts have established a website with information about two Indiana appellate judges facing retention on the November ballot. Voters will vote yes or no on retaining Indiana Supreme Court Justice Geoffrey G. Slaughter and Indianapolis Court of Appeals Second District Judge Robert R. Altice, Jr. in the November 2018 general election.

Kavanaugh to address his past work involving Clinton, Bush

July 16, 2018

Before his Senate confirmation hearing, President Donald Trump’s pick for the Supreme Court will need to provide information about his past experience investigating President Bill Clinton and working for President George W. Bush. Requests for that information are included in questionnaires sent to Brett Kavanaugh by the Senate Judiciary Committee chairman, who will lead the confirmation hearing.

Health officer rejects Miami County needle exchange

July 16, 2018

The number of hepatitis C cases doesn’t justify implementing a local needle exchange program in Miami County, despite cases doubling in just one year, a north-central Indiana health official said. Health Officer Dr. Rafik Farag declined Tuesday to declare a public health emergency in Miami County that would lead to creating a needle exchange program.

AG Hill contests special prosecutor role in groping investigation

July 16, 2018

Lawyers for Indiana Attorney General Curtis Hill have filed court papers challenging the appointment of a special prosecutor to investigate whether he drunkenly groped a lawmaker and three legislative staffers. A document filed in Marion Superior Court also challenges the authority of the state’s Inspector General to build a case against him.

Senate Democrats vow to block Trump SCOTUS pick Kavanaugh

July 13, 2018

Democratic senators from Connecticut and Michigan on Friday announced opposition to President Donald Trump’s Supreme Court nominee, saying Brett Kavanaugh’s judicial record clearly shows that he would limit access to health care and curtail environmental protections.

Opinions July 13, 2018

July 13, 2018

Indiana Court of Appeals
Michael A. Miller v. State of Indiana
28A01-1712-CR-2918
Criminal. Affirms Michael Miller’s second conviction of attempted murder. Finds the evidence was sufficient to support an inference that Miller acted with the specific intent to kill required to convict him of attempted murder. Also finds the Greene Circuit Court did not abuse its discretion by denying Miller’s motion for a change of judge on remand.

COA upholds reconsideration of special administrator appointment

July 13, 2018

A dispute between extended family members over who will become the special administrator of a Johnson County estate was resolved in favor of the guardians of the deceased’s children after the Indiana Court of Appeals determined that administrator appointments cannot be made based on who files a petition first.

COA affirms attempted murder conviction on second appeal

July 13, 2018

A man twice convicted of attempted murder has failed to convince the Indiana Court of Appeals to again reverse and remand his conviction after filing three appellate challenges to his conviction within two years.

12 Russians accused of hacking in 2016 U.S. election

July 13, 2018

The Justice Department on Friday indicted 12 Russian intelligence officers on charges they hacked into Democratic email accounts during the 2016 U.S. presidential election and released stolen information in the months before Americans headed to the polls.

Ratcheting up defiance, Hill releases email from third accuser

July 13, 2018

Embattled Indiana Attorney General Curtis Hill is doubling down on his criticisms of the groping allegations against him and the stories of the alleged victims, releasing an email from one of the victims that he says shows intentional coordination of the victims’ stories.

Pence family gas stations left costly environmental legacy

July 13, 2018

The collapse of an oil company linked to the Pence family in 2004 was widely publicized. Less known is that the state of Indiana — and, to a smaller extent, Kentucky and Illinois — are still on the hook for millions of dollars to clean up more than 85 of the company’s contaminated sites, including underground tanks that leaked toxic chemicals into soil, streams and wells.

Purdue tracking down 26K student applicants amid data breach

July 13, 2018

Purdue University is tracking down more than 26,000 prospective students to alert them that their names, birthdays, and Social Security numbers were inadvertently sent to the parent of one student applicant.

Health officer rejects needle exchange for Miami County

July 13, 2018

The number of hepatitis C cases doesn’t justify implementing a local needle exchange program despite cases doubling in just one year, a Miami County health official said. Health Officer Dr. Rafik Farag declined to declare an epidemic caused by needle sharing despite pleas from other officials.

Scooters halted in Indy for now; cities address sudden issue

July 13, 2018

Scooter rental service Bird has changed its mind about maintaining operations in Indianapolis while it waits for city officials to come up with regulations. Bird began removing scooters from the city Wednesday. City-County Council members are expected to vote on an ordinance regulating scooter-rental services on Monday.

Northern District flags at half-staff for late Judge Lozano

July 13, 2018

The U.S. District Court for the Northern District of Indiana announced Friday that federal courthouses in Fort Wayne, Hammond, Lafayette and South Bend would lower flags to half-staff through Monday in honor of the late Senior Judge Rudy Lozano, who died Wednesday at 76 years old.

Federal Judge Rudy Lozano, ‘an institution,’ dies at 76

July 12, 2018

Rudy Lozano served on the federal bench for 30 years, making landmark rulings in a Hammond courtroom that his peers said was known for its collegiality. Before that, Lozano was a leading practitioner who helped unify the legal community in northwest Indiana.

Consent decree gives Marion County more early voting sites

July 12, 2018

The Marion County Election Board has agreed to open five additional satellite locations for early in-person voting starting with the 2018 general election, settling a lawsuit brought in 2017 by Common Cause Indiana and the NAACP. Senior judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana signed on Tuesday a consent decree offered by the plaintiffs and defendants.

RV warranty lets manufacturer forgo covering repairs

July 12, 2018

Even though the buyer of the recreational vehicle described it as a “jalopy,” the 7th Circuit of Appeals found the warranty was built solidly enough to prevent the manufacturer from having to cover the repairs.

Judge rules against IU frat in sexual assault negligence case

July 12, 2018

A fraternity that knows or should know about prior sexual assault allegations against a member has a duty to protect social guests from sexual assault by that member, a district court judge ruled Wednesday. The ruling comes in a case involving a complaint against an Indiana fraternity accused of not protecting guests from one of its members.

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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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