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James Burkhart's hopes for a light sentence were dashed Friday afternoon when a federal judge handed down a 9-1/2-year sentence for his role in leading a massive kickback scheme as CEO of Indiana’s largest chain of nursing homes.
Indiana Court of Appeals
Terrance E. Chmiel v. US Bank National Association
75A05-1708-PL-1979
Civil plenary. Reverses grant of summary judgment in favor of US Bank National Association on Terrance E. Chmiel’s quiet title proceeding. Finds the trial court erred and holds that Chmiel’s quiet title action was not barred by the statute of limitations. Finds genuine issues of material fact remain regarding whether: the doctrine of laches bars his claim; the 2005 deed was valid; and U.S. Bank was a bona fide mortgagee. Finds the trial court erred in granting summary judgment. Remands for proceedings.
A habitual vehicular substance offender enhancement may not be imposed as a concurrent sentence, the Indiana Court of Appeals held Friday, sending a case in which that had been done back to the trial court.
A man will have to serve his seven-year sentence for domestic battery after the Indiana Court of Appeals ruled a consecutive sentence could be imposed for separate crimes that arise from a single incident.
A man who claims his signatures on 2005 real estate documents were forged won his appeal Friday to reinstate a lawsuit seeking quiet title of property he claims to have had an interest in since 1991.
Knox Superior Court 2 Judge Ryan D. Johanningsmeier faces judicial discipline proceedings after he reinstated a close friend’s suspended driver’s license and allegedly suggested a deputy prosecutor dismiss the case.
Following its investigation into an allegation of sexual misconduct by a powerful Ohio state legislator, Taft Stettinius & Hollister LLP is now the subject of a grievance filed with the Ohio Supreme Court for failing to disclose that the legislator had previously worked for the law firm for more than 30 years until 2014.
Following a familiar pattern of recent years, a federal judge Thursday halted an abortion restriction passed by the Indiana General Assembly just days before the law was to take effect. Marion County Prosecutor Terry Curry on Thursday in essence said he and others tried to warn the state.
The family of a Kokomo couple who died after a repeat drunk driver struck them in Seattle has settled a wrongful death lawsuit against the West Coast city for $13 million.
A suburban Indianapolis man accused of dropping a loaded handgun in a Fishers Ikea store that was found — and fired — by a child has been charged.
With another seat opening on the U.S. Supreme Court, Notre Dame Law School professor and 7th Circuit Court of Appeals Judge Amy Coney Barrett is being viewed as a leading contender on President Donald Trump’s list of potential nominees.
The following Indiana Supreme Court opinions were posted after IL deadline on Wednesday.
State of Indiana v. John B. Larkin
46S04-1711-CR-701
Criminal. Reverses the LaPorte Circuit Court’s dismissal of John Larkin’s charge of voluntary manslaughter. Finds that an outright dismissal of Larkin’s charges is an extreme remedy and inappropriate to the case. Finds the trial court abused its discretion in not applying State v. Taylor, 49 N.E.3d 1019. Remands to the trial court to weigh each piece of evidence to determine whether it was tainted by the State’s misconduct. Orders that the trial court, at its discretion, to either hold a hearing for the State to rebut the presumption of prejudice for any tainted evidence, or proceed to trial to attempt to meet its burden through offers of proof outside the presence of the jury.
After receiving approval Thursday from the U.S. Senate Committee on the Judiciary, the pair of nominees to Indiana’s two district courts are now advancing to the floor of Senate, but when they will be called for a confirmation vote is uncertain.
A man convicted of dealing narcotics and methamphetamine argued that evidence admitted from his cell phone and the opinion of a drug force detective were inadmissible, but the Indiana Court of Appeals rejected those claims Thursday.
A property management company sued by one of its tenants argued in court that it charged less than all the costs it incurred, but the Court of Appeals ordered the landlord to pay up, as a small claims court ruled.
A federal judge on Thursday blocked an Indiana abortion law that was set to take effect July 1 that would have required the reporting of complications arising from abortions to the state.
The Indiana Court of Appeals erred in determining that state utility regulators acted arbitrarily in excluding a Hamilton County sewer utility’s contractor expenses in reviewing a rate case, the Indiana Supreme Court determined Wednesday, sending the case back to the COA.
John Larkin, whose manslaughter charge in connection to the 2012 shooting death of his wife was dismissed, will once again face the trial court after Indiana Supreme Court justices found the dismissal to be “an extreme remedy” for police and prosecutorial misconduct and an abuse of the trial court’s discretion.
A judge has scheduled a September fact-finding hearing for a 13-year-old boy accused of shooting another student and a teacher at a suburban Indianapolis school.
A Marion County attorney who was accused of representing a client while he was suspended and misleading her regarding his ability to handle her son’s involuntary commitment case has been suspended from the practice of law for at least two years.