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Family who lost 9 in duck boat tragedy files 2nd lawsuit

August 1, 2018

Fifty-three members of an Indianapolis family who lost nine relatives when a duck boat sank in Missouri described their pain and unfathomable loss Tuesday while calling for a ban on the amphibious tourist boats that their attorney likened to “coffins and death traps.”

Manafort accused of amassing secret income as trial opens

August 1, 2018

Paul Manafort orchestrated a multimillion-dollar conspiracy to evade U.S. tax and banking laws, leaving behind a trail of lies as he lived a lavish lifestyle, prosecutors said as they laid out their case against the former Trump campaign chairman.

Despite Holcomb’s support, hate crimes bill lacks unity

July 31, 2018

Even as Indiana lawmakers from both parties continue to echo Gov. Eric Holcomb’s call for hate crime legislation, the deep divisions that foiled previous attempts to pass a bias-motivated crime bill appear to still be entrenched.

Opinions July 31, 2018

July 31, 2018

Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of Z.B., D.B., L.B., Me.B., Ma.B. (Minor Children) and A.B. (Mother) v. The Indiana Department of Child Services, et al.
18A-JT-318 
Juvenile termination of parental rights. Affirms the Delaware Circuit Court's termination of mother A.B.'s parental rights, holding that a court-appointed special advocate may prosecute a TPR case even when the Department of Child Services objects.

Attorney fees unwarranted in tax sale appeal

July 31, 2018

The Indiana Court of Appeals found that despite strictly complying with procedural rules, the flaws in a tax case were not egregious enough to award appellate attorney’s fees.

CASAs may seek termination of parental rights without DCS

July 31, 2018

The Indiana Court of Appeals ruled Tuesday that court-appointed special advocates have the statutory authority to prosecute a petition to terminate parental rights, even when the Department of Child Services opposes the termination.

Man convicted of bogus liens on judges loses appeal

July 31, 2018

A man who used the sovereign citizen tactic of filing phony liens against multiple Indiana federal judges lost his appeal Monday. The 7th Circuit Court of Appeals affirmed Brent A. Swallers' conviction of filing a false lien and encumbrance against a federal judge

Appeal rejected in plot targeting Noblesville lawyer

July 31, 2018

A woman's appeal of her federal guilty plea in a murder-for-hire case targeting a Noblesville attorney was dismissed by the 7th Circuit Court of Appeals in a case the panel said resembled “the plot of a mediocre novel.”

Hill joins amicus brief defending cross-shaped WWI memorial

July 31, 2018

Indiana Attorney General Curtis Hill has signed on to a 28-state amicus brief urging the United States Supreme Court to overturn a circuit court decision that would require the destruction or significant alteration of a World War I monument, which was found to be a violation of the Establishment Clause.

Rule change gives extra time to file transfer petitions

July 31, 2018

Attorneys will have 15 extra days to file a petition to transfer to the Indiana Supreme Court next year, thanks to an appellate rule amendment adopted Monday.

Missouri opens criminal probe into deadly boat sinking

July 31, 2018

The Missouri attorney general's office says it has opened a criminal investigation into the circumstances of the tourist boat that sank on a Missouri lake, killing 17 people, including nine members of an Indianapolis family.

Indiana courthouse bombing case unsolved after 20 years

July 31, 2018

Authorities have yet to name a suspect or make an arrest 20 years after someone attempted to bomb the county courthouse in Lafayette with a stolen pickup truck full of drums of diesel fuel and gasoline.

Insanity defense allowed for man in trooper shooting

July 31, 2018

A Clark County judge will allow a southern Indiana man to use an insanity defense when he goes on trial for shooting a state trooper in the head during a traffic stop. The defendant showed early signs of dementia, a mental health provider said.

Gov. Holcomb advocates for hate crime law after synagogue vandalism

July 30, 2018

Republican Indiana Gov. Eric Holcomb is calling on the General Assembly to pass a hate crimes bill after someone spray-painted anti-Semitic graffiti at a suburban Indianapolis synagogue. Holcomb said Monday he’ll meet with lawmakers, legal experts, corporate leaders and “citizens of all stripes who are seeking to find consensus on this issue so that, once and for all, we can move forward as a state."

Supreme Court nominee Kavanaugh’s gun views are clear

July 30, 2018

Supreme Court nominee Brett Kavanaugh says he recognizes that gun, drug and gang violence “has plagued all of us.” Still, he believes the Constitution limits how far government can go to restrict gun use to prevent crime.

Opinions July 30, 2018

July 30, 2018

Indiana Court of Appeals
Dennis Knight v. State of Indiana (mem. dec.)

71A04-1711-PC-2748
Post-conviction. Affirms the St. Joseph Superior Court’s order to prepare a new 
pre-sentence investigation report for Dennis Knight. Finds Knight waived the argument that he was entitled to any relief based on the trial court sentencing him without a PSI because he failed to raise such an argument on direct appeal. Also finds, waiver notwithstanding, that Knight’s argument that such an error would entitle him to a new trial was meritless. Finally, finds Knight failed to show any prejudice resulting from the post-conviction court resentencing him.  

‘Excessive slopes’ in Steak ’n Shake parking lots fuels ADA complaint

July 30, 2018

A pair of disability rights advocates who had trouble maneuvering their wheelchairs through the parking lots at two Steak ’n Shake restaurants in Pennsylvania will be able to pursue their claims that the Indianapolis-based restaurant chain is violating the Americans with Disabilities Act, the 3rd Circuit Court of Appeals has ruled.

IJA seeking nominations for ‘Excellence in Public Information and Education’ awards

July 30, 2018

The Judicial Conference Community Relations Committee is accepting nominations for the “Excellence in Public Information and Education” awards, given annually to one judge and one member of the media. On behalf of the Indiana Judges Association, the committee will select winners to be recognized for their efforts in judicial community relations.

AG Hill defends ACA lawsuit despite demands for withdrawal

July 30, 2018

Despite demands for Indiana to be withdrawn from a federal lawsuit against the Affordable Care Act, Attorney General Curtis Hill said he will continue to lead Indiana’s opposition to the “unconstitutional” law. Hill said “the foundation on which the Supreme Court built its justification for Obamacare’s constitutionality ceased to exist” when Congress repealed the individual mandate tax.

Rules amendments making attorney cell numbers public not approved

July 30, 2018

The Indiana Supreme Court has approved a series of amendments to multiple state rules, but one that did not make the cut was an amendment that would have required attorneys to include their cellphone numbers on appearance filings.

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In This Issue

  • What’s next for companies after tariff ruling?

  • Attorneys across Indianapolis go toe-to-toe on basketball court

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

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

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

  • 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

  • Indy woman to pay $1M in restitution after using boss’ accounts to pay personal expenses

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