Marion County Jail beating lawsuit proceeds
A judge has refused to dismiss a federal lawsuit in which a man claims guards at the Marion County Jail stomped and beat him, leaving him with broken ribs, then refused to allow him to file a grievance.
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Mueller offers Trump team new proposal for interview
In negotiations over a possible interview by prosecutors, special counsel Robert Mueller’s team has offered the White House format changes, perhaps willing to limit some questions asked of President Donald Trump or accept some answers in writing, according to a person briefed on the proposal.
Deputy prosecutor named new LaGrange Circuit judge
LaGrange County deputy prosecutor William R. Walz IV has been appointed to the LaGrange Circuit Court. Gov. Eric Holcomb selected Walz to succeed Judge J. Scott VanDerbeck, who retired June 1. VanDerbeck plans to serve as a senior judge and work as a mediator.
Follow the money: Bookkeepers to testify in Manafort trial
Prosecutors will ask jurors today to follow the money in the Paul Manafort trial, a trail they say shows the former campaign chairman took millions from wealthy Ukrainian clients, then hid it from banks and the IRS.
Democrats ramp up fight for Kavanaugh documents
Senate Democrats intensified their fight Tuesday over documents related to Supreme Court nominee Brett Kavanaugh’s stint as staff secretary at the White House, pursuing a paper trail on his views of key issues that played out during the George W. Bush administration.
Indiana man convicted in double slaying wants 100-year sentence cut
A northeastern Indiana man convicted as a teenager in his mother and stepfather’s 1994 slayings is seeking to have his 100-year sentence shortened. Aaron Brown’s request for post-conviction relief contends court rulings have found that imposing a “de facto life sentence” on a juvenile is improper when their juvenile status isn’t considered.
Untimely estate petition considered, still rejected by COA
Although the Indiana Court of Appeals found a man’s request that he be permitted to file an amended complaint was untimely, it still addressed the arguments he put forth to support his petition.
COA: Filing errors don’t reverse probation revocation
Errors made in petition filing made by a deputy prosecutor rather than the director of a community corrections program were not sufficient to reverse the revocation of a man’s probation, the Indiana Court of Appeals determined Wednesday.
Opinions Aug. 1, 2018
The following 7th Circuit Court opinion was posted after IL deadline on Tuesday.
Mark McCleskey v. CWG Plastering, LLC
17‐1980
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Reverses and remands the Indiana Southern District Court’s decision to grant summary judgment to CWG Plastering, LLC. Finds the appellants provided enough evidence to support their case, concluding the district court was too quick to grant summary judgment in favor of CWG Plastering, LLC. Judges Frank Easterbrook and David Hamilton concur with separate opinions.
COA: Accident affirmation in baby’s death upholds conviction
An Indianapolis man’s conviction for causing the death of his infant daughter will stand after the Indiana Court of Appeals rejected his argument that the evidence of him placing a pillow over the baby should not have been admitted at trial because he never affirmatively said her death was an accident.
Attorney homeowner loses appeal in historic-area zoning case
A downtown Indianapolis homeowner and attorney lacked standing to petition for judicial review of variances granted to build condominiums, duplexes and a retail space across the street from his home, the Indiana Court of Appeals ruled.
Reversal: Plasterer union’s ‘alter ego’ lawsuit reinstated
A union lawsuit alleging that a family plastering business invented an “alter ego” to dodge a judgment against it of nearly $200,000 was reinstated Tuesday by the 7th Circuit Court of Appeals.
Confiscated guitar leaves inmate with jailhouse blues
An inmate will not be reunited with a guitar he was allowed to purchase in prison after the Indiana Court of Appeals entered judgment for the Department of Correction on Wednesday. The appeals court found a policy adopted by DOC was not improper.
Attorney awarded $150K for infringement of Indy photo
An Indiana attorney and hobbyist photographer who has sued dozens of people for the unauthorized use of a copyrighted image has been awarded more than $150,000 for the willful infringement of his photo of the Indianapolis skyline.
Judge pro tem appointed in Lake County; Tavitas to join COA
Senior judge Thomas W. Webber Sr., will serve as judge pro tem in Lake Superior Court, Civil Division 3, replacing Judge Elizabeth Tavitas upon her appointment to the Indiana Court of Appeals. Tavitas is scheduled to be sworn in on the appellate bench next week.
Judge blocks release of 3D-printed gun plans
A federal judge in Seattle on Tuesday issued a temporary restraining order to stop the release of blueprints to make untraceable and undetectable 3D-printed plastic guns. Eight Democratic attorneys general sued Monday to block a settlement with the government that would have allowed blueprints to be published online.
Family who lost 9 in duck boat tragedy files 2nd lawsuit
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
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
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
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.