Guatemalan pleads guilty in crash that killed Colts player
A Guatemalan man living illegally in the U.S. pleaded guilty Friday to driving drunk in a crash that killed Indianapolis Colts linebacker Edwin Jackson and his Uber driver.
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Opinions July 20, 2018
Indiana Court of Appeals
City of Indianapolis v. Bradley T. Maynard (mem. dec.)
49A02-1710-MI-2300
Miscellaneous. Reverses the Marion Superior Court’s entry of default judgment in favor of Bradley Maynard in his action for judicial review from an administrative decision upholding his citation for violating a parking ordinance. Finds Maynard’s action was untimely because he did not tender a summons upon the clerk within the limitations period. Also finds that because Maynard never served a summons when he petitioned for judicial review, the default judgment entered against the City of Indianapolis is void for lack of personal jurisdiction. Remands with instructions for the trial court to vacate its judgment and reinstate the County Board of Ordinance Violation’s decision.
ACLU launches LGBTQ resources project
The American Civil Liberties Union of Indiana announced Thursday its statewide launch of the LGBTQ Rights Project, an initiative that encompasses current and future work to defend and advance the rights of LGBTQ Hoosiers.
Attorney leads Indy students to win national debate competition
When Indianapolis attorney Maurice Scott’s wife told him there were students at the Global Prep Academy who had questions about current government issues, he immediately volunteered to give some answers. Scott and three students travelled to Nashville, Tenn. on Thursday to participate in a national debate competition.
Family questions use of force in arrest of teen at festival
The family of a 15-year-old boy who was arrested at a festival in Hammond says officers used excessive force by restraining the teen on the ground and placing their knees on his back. Hammond police, however, say they did nothing wrong in arresting the boy Wednesday for disorderly conduct while breaking up a fight between two girls at the Festival of the Lakes.
Indiana authorities reach tentative settlement in Floyd County jail death
The Floyd County Sheriff’s Department has reached a tentative settlement with the father of a woman who died in detention. An order was issued June 22 to file documents and authorize dismissal within 60 days of a civil case filed by Mark Robb against Floyd County Sheriff Frank Loop, the sheriff’s department and eight other employees.
It’s hard to remove Indiana officials, including attorney general
Indiana Attorney General Curtis Hill remains defiant despite growing bipartisan pressure for him to resign after three women, including a state lawmaker, went public with claims that he drunkenly groped them at an Indianapolis bar. Should the situation devolve further, there are several — albeit rarely used — ways the Legislature could oust Hill from office.
Muncie’s former building commissioner admits corruption
Muncie’s former building commissioner has agreed to plead guilty to federal corruption charges. In an agreement filed Thursday in U.S. District Court in Indianapolis, Craig Nichols pleaded guilty to one count each of wire fraud and money laundering. Nichols faces a maximum of 20 years in prison and a fine of up to $250,000 on each count.
Purdue prof, wife indicted on federal fraud charge
A federal grand jury has indicted a Purdue University professor and his wife on fraud charges, alleging they used federal grants to enrich themselves. The indictment filed Thursday names 59-year-old Qingyou Han, director of the Purdue Center for Materials Processing Research in West Lafayette, and his wife, 51-year-old Lu Shao.
NCAA to study possible effects of widespread legal wagering
The NCAA plans to study how the expansion of legalized betting could affect college athletics and member schools. The Supreme Court opened the door for states to have legal wagering on sporting events when it struck down a federal ban in May.
Mishawaka woman charged in death of 7-year-old hit by SUV outside home
A Mishawaka woman has been charged in connection with the death of a 7-year-old boy who was run over by an SUV outside of a northern Indiana home. Kayla Bennett, 22, was charged Thursday with causing a death while operating a motor vehicle under the influence of a controlled substance.
Lake Superior Judge Tavitas named to COA, replacing Barnes
Indiana Gov. Eric Holcomb has named Lake Superior Judge Elizabeth Tavitas as the next member of the Indiana Court of Appeals. Holcomb selected Tavitas from a pool of three finalists: Tavitas, St. Joseph Superior Judge Steven Hostetler and Fort Wayne attorney David C. Van Gilder.
Court asked to deny Hill’s request to stop investigation
The Marion County Prosecutor’s office pushed back today against Indiana Attorney General Curtis Hill’s attempt to squash the appointment of a special prosecutor, saying his motion had “fatal flaws” and he was making a “dubious proposition.”
Indiana man arraigned in 1988 killing of 8-year-old girl
An Indiana man charged in the 1988 rape and murder of an 8-year-old girl has been arraigned in her slaying. An Allen County judge entered a not guilty plea for 59-year-old John D. Miller Thursday morning and assigned him a public defender.
Federal judge admonishes attorney after jailhouse ‘ruckus’
Plaintiffs’ counsel who took selfies with inmates and acknowledged causing a “bit of a ruckus” during a jail inspection got handed a protective order as well as a sharp rebuke from the U.S. District Court for the Southern District of Indiana.
Opinions July 19, 2018
Indiana Court of Appeals
Timothy Smith v. State of Indiana (mem. dec.)
48A05-1712-CR-2825
Criminal. Affirms the Madison Circuit Court’s revocation of Timothy Smith’s probation and the order for him to serve the balance of his previously suspended sentence in the Department of Correction. Finds the trial court did not err.
COA affirms $4.8 million prejudgment interest award after $32 million verdict
The guardianship of a woman that previously received a $32.5 million jury verdict will also receive $4.8 million in prejudgment interest after the Indiana Court of Appeals found no error in the grant of the prejudgment interest award.
Equal distribution method, lack of substantial evidence leads to remand of benefits case
A lack of substantial evidence led the 7th Circuit Court of Appeals to remand a social security case filed by a woman who was denied benefits despite being severely impaired by a brain tumor.
Democrats fault Kavanaugh comment on independent counsel law
Democrats opposing Supreme Court nominee Brett Kavanaugh’s nomination are seizing on remarks he made in 2016 saying he would like to put the “final nail” in a Supreme Court precedent upholding an independent counsel law as constitutional. Republicans are pushing back, saying Kavanaugh’s comment is being distorted.
MGM sues Vegas shooting victims in push to avoid liability
MGM Resorts International has sued hundreds of victims of the deadliest mass shooting in modern U.S. history in a bid to avoid liability for the gunfire that rained down from its Mandalay Bay casino-resort in Las Vegas. The company argues in lawsuits filed in Nevada, California, New York and other states this week and last that it has “no liability of any kind” to survivors or families of slain victims under a federal law enacted after the Sept. 11, 2001, terrorist attacks.