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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.
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.
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 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 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.
National Intelligence director Dan Coats’ drumbeat of criticism against Russia is clashing loudly with President Donald Trump’s pro-Kremlin remarks, leaving the soft-spoken spy chief in an uncomfortable — and perhaps perilous — place in the administration. Coats was an Indiana senator until January 2017.
Indiana Court of Appeals
Theresa Biedron, et al. v. Anonymous Physician 1, et al.
45A03-1708-CT-2012
Civil tort. Affirms and reverses in part the grant of summary judgment to the anonymous physicians sued by the estate of Louis Biedron, the denial of summary judgment to the physicians sued by the estates of Dorothy Sullivan and Patricia Poteet, the denial of the Sullivan and Poteet defendants’ motion to strike and the grant of Poteet’s estate’s motion to strike the Poteet defendants’ reply briefs. Finds the Lake Superior Court did not err in granting summary judgment to the Biedron defendants, but did err in denying summary judgment to the Sullivan and Poteet defendants. Also finds the trial court abuse its discretion in denying the Sullivan and Poteet defendants’ motion to strike. Finally, finds the trial court abused its discretion in striking the Poteet defendants’ reply briefs.
The mother of an 8-year-old Fort Wayne girl who was raped and killed in 1988 wants prosecutors to seek the death penalty against the man accused of the crimes. Prosecutors on Tuesday declined to discuss whether they’ll seek the death penalty for 59-year-old John Miller in the killing of April Tinsley. But the girl’s mother, Janet Tinsley, told the Journal Gazette that she wants to be present if Miller is put to death.
A constitutional challenge to Indiana Secretary of State Connie Lawson’s reelection bid failed Tuesday after the Indiana Election Commission agreed with a holistic reading of the state constitution. The challenge had argued Lawson is not eligible to run because, if reelected, she will be prohibited from completing a full term under Article 6, Section 2 of the Indiana Constitution.
The Indiana Alcohol Code Revision Commission went back to work on Wednesday with a new leader and a new slate of alcohol-related issues to study ahead of the 2019 legislative session. Topics on the agenda included reducing the complexity and increasing the consistency of Indiana’s alcohol licensing laws, evaluating the permit quota structure, and studying over-consumption and its causes and effects.
Repeatedly claiming “false and malicious” statements were included in a confidential memo containing allegations of sexual misconduct by Indiana Attorney General Curtis Hill, Indianapolis attorney Kevin Betz announced he is preparing a defamation lawsuit on the AG’s behalf. Betz and his law partner Sandra Blevins held a press conference Wednesday in the lobby of their Indianapolis law firm, Betz & Blevins, to announce the possible suit.
The Indiana Court of Appeals has granted summary judgment to physicians and their hospitals in three nearly identical medical malpractice and wrongful death cases filed more than seven years after the deaths of three patients after finding the actions could have been filed years prior.
Indiana Supreme Court Justice Geoffrey Slaughter has taken over as chair of the Coalition for Court Access, while three additional members have been appointed to serve under him. He will take over for Justice Steven David, who had chaired the coalition since its 2016 inception.
The heated debate over how Supreme Court nominee Brett Kavanaugh would vote on the Affordable Care Act might not matter. As long as five past defenders of the health care law remain on the nation’s highest court, the odds tilt in favor of it being allowed to stand. Some Democrats are warning that President Donald Trump’s designee could spell doom for the statute, even as some conservatives are portraying Kavanaugh as sympathetic to former President Barack Obama’s landmark legislation.
The special counsel in the Russia investigation is seeking immunity for five potential witnesses in the upcoming trial of President Donald Trump’s former campaign chairman, Paul Manafort. The five individuals have indicated they won’t testify or provide other information “on the basis of their privilege against self-incrimination,” special counsel Robert Mueller’s office told a federal judge in Virginia in a court filing Tuesday.
Blistered by bipartisan condemnation of his embrace of a longtime U.S. enemy, President Donald Trump on Tuesday backed away from his public undermining of American intelligence agencies, saying he simply misspoke when he said he saw no reason to believe Russia had interfered in the 2016 U.S. election.
A northwestern Indiana city that hosts an annual festival built around a popular Polish delicacy has reached a settlement in its trademark dispute with a rival festival in Pennsylvania. Since 2014 the Edwardsville Hometown Committee has run the Pennsylvania festival dedicated to the potato-filled dumplings, abundant in a region whose coal mines drew Polish immigrants more than a century ago, while Whiting, Indiana, has hosted Pierogi Fest since 1995.
An Indiana prosecutor who’s preparing formal charges against a man in the 1988 abduction, rape and killing of an 8-year-old Fort Wayne girl says genealogy databases are powerful new tools for investigators. Allen County Prosecutor Karen Richards said in an affidavit that investigators consulted a company that was able to narrow DNA in the Tinsley case to Miller and his brother using publicly available genealogy database research.
Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of: T.H. (Minor Child), and B.H. (Father) and D.A. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-423
Juvenile termination of parental rights. Affirms the Tippecanoe Superior Court’s termination of B.H. and D.A.’s parental rights. Finds the Indiana Department of Child Services presented sufficient evidence to support the termination of parental rights.
The health insurer Anthem Inc. was sued by doctors in Georgia for declining to pay for some emergency room care, escalating a long-running battle over how far insurance plans can go to push patients to seek lower-cost treatment. It’s the latest legal challenge over a change in policy that Indianapolis-based Anthem says was designed to cut down on patients going to an emergency room in situations that don’t require it.