Attorney fees unwarranted in tax sale appeal
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.
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CASAs may seek termination of parental rights without DCS
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
What does Mueller have? Manafort trial offers glimpse
The trial of President Donald Trump’s onetime campaign chairman will open this week with tales of lavish spending, secret shell companies and millions of dollars of Ukrainian money flowing through offshore bank accounts and into the political consultant’s pocket. What’s likely to be missing: answers about whether the Trump campaign coordinated with the Kremlin during the 2016 presidential election, or really any mention of Russia at all.
Munster doctor pleads guilty in overprescribing case
A Munster Indiana doctor accused of overprescribing painkillers has pleaded guilty to a federal drug charge. Dr. Jay K. Joshi pleaded guilty Thursday in federal court in Hammond to distribution of a controlled substance.
Evansville seeks $860K in unpaid sewer bills from apartment
The city of Evansville is suing the owners of an upscale apartment building, seeking more than $800,000 in unpaid sewer bills. The city utility said the Kunkel Group connected to the city’s sewers without proper notice or permits.
Lawsuit filed in fatal duck boat sinking seeks $100 million
A lawsuit seeking $100 million in damages has been filed against the owners and operators of a duck boat that sank on a Missouri lake, killing 17 people, including nine Hoosiers. The federal lawsuit was filed Sunday on behalf of two members of an Indiana family who lost nine relatives when the boat sank July 19 on Table Rock Lake in Branson, Missouri.