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Despite demands for Indiana to be withdrawn from a federal lawsuit against the Affordable Care Act, Attorney General Curtis Hill said he will continue to lead Indiana’s opposition to the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on which the Supreme Court built its justification for Obamacare’s constitutionality ceased to exist” when Congress repealed the individual mandate tax.

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.

Attorney who stole Adderall suspended, another reprimanded

A Terre Haute attorney who stole prescription drugs from a client’s girlfriend has been suspended from the practice of law in Indiana for at least a month and has been ordered to begin a Judges and Lawyers Assistance Program monitoring agreement.

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Finding arguments in his case “meritless,” the 7th Circuit Court of Appeals denied an Indiana immigrant’s petitions for review of removal orders issued by the Board of Immigration Appeals.

Groups demand Hill withdraw from suit against ACA

A coalition of eight health care groups from across the state delivered letters and a signed petition to Indiana Attorney General Curtis Hill’s office Friday, urging him to withdraw Indiana from a federal lawsuit they say aims to dismantle the Affordable Care Act.

Ex-Ingalls fire chief charged with sexual exploitation of teen

The former Ingalls fire chief is facing a federal sex abuse charge and up to 30 years in prison after law enforcement officers found sexually explicit photos on his smartphone indicating he was engaged in a sexual relationship with a teenage girl in his charge.

Denial of damages in cellphone vendor breach affirmed

An Indiana company that breached a contract to pay referral fees to a chain of Pennsylvania cellphone stores that signed up Verizon customers years ago owes nothing to the party that proved the breach, the 7th Circuit Court of Appeals affirmed Thursday.