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Holcomb: DCS changes, extra $25M mark new day for troubled agency

June 18, 2018

Pledging this is the start of a new day for the Indiana Department of Child Services, Gov. Eric Holcomb on Monday outlined changes his administration is implementing to improve the troubled state agency and announced that he is dipping into the state surplus to provide another $25 million to boost salaries and transform the workplace culture.

Opinions June 18, 2018

June 18, 2018

Indiana Court of Appeals
Andrew Seal v. State of Indiana

49A02-1711-CR-2547
Criminal. Affirms Andrew Seal’s conviction of Level 1 felony child molesting. Finds independent evidence found satisfies the purpose of the corpus delicti rule. Concludes there was sufficient evidence to support the conviction.

COA affirms 20-year sentence for robbery in fatal drug deal

June 18, 2018

A man who set up his childhood friend in a “drug deal gone bad” and was sentenced to 20 years for his conviction of Level 2 felony robbery got no relief Monday from the Indiana Court of Appeals.

Indiana court pilot project helps woman gain independence

June 18, 2018

Jamie Beck’s journey from being confined in a nursing home to living in her own apartment and working a full-time job was aided by a pilot project funded by the American Bar Association and run through the Indiana state court administration.

COA discourages interlocutory appeals of CHINS status changes

June 18, 2018

The Indiana Court of Appeals affirmed on interlocutory appeal a change the permanency plan for two children from reunification to termination of parental rights while also cautioning that such trial court rulings are “generally not suitable for interlocutory review.”

Mediation halts negligence insurance question in murder

June 18, 2018

The Indiana Supreme Court is no longer tasked with providing clarification on two conflicting rulings related to insurance coverage for parties accused of acting negligently when a co-insured is accused of acting intentionally or criminally, now that the parties to the underlying case have submitted the case for mediation.

Insufficient evidence claim rejected on appeal in molestation case

June 18, 2018

A former Indianapolis pre-kindergarten teacher could not convince a panel of the Indiana Court of Appeals that evidence aside from his confession in his criminal case was insufficient to support his conviction of Level 1 felony child molesting.

LSC opioid task force coming to Indianapolis

June 18, 2018

The Legal Services Corporation’s Opioid Task Force, which is examining the role of civil legal aid in addressing the opioid epidemic, is scheduled to convene in Indianapolis in October for the first of three field hearings.

Justices: No definitive ruling on partisan districts

June 18, 2018

The U.S. Supreme Court is resolving partisan redistricting cases from Wisconsin and Maryland without ruling on the broader issue of whether electoral maps can give an unfair advantage to a political party.

Supreme Court rejects appeal from gay inmate in South Dakota

June 18, 2018

The U.S. Supreme Court has rejected an appeal from a gay death row inmate in South Dakota who says jurors were biased against him because of his sexual orientation. Charles Rhines tried to persuade the court to take an interest in his case after the justices last year ruled that evidence of racial bias in the jury room allows a judge to consider setting aside a verdict. 

Supreme Court to take up iPhone app lawsuit

June 18, 2018

The U.S. Supreme Court will consider whether the purchasers of iPhone apps can sue Apple over allegations it has an illegal monopoly on the sale of the apps. The court said Monday it will take a case from the 9th Circuit Court of Appeals, which ruled in January that the purchasers of iPhone apps could sue Apple.

Fort Wayne crash that killed 73-year-old leads to probation

June 18, 2018

An 18-year-old Fort Wayne man has been sentenced to five years of probation after pleading guilty in a crash that killed a 73-year-old man. Liam B. Burke was given his punishment Friday after earlier entering the plea to felony reckless homicide and criminal recklessness and misdemeanor criminal recklessness.

12-year-old charged in damage to Kokomo veterans memorial

June 18, 2018

Police say a 12-year-old boy has been charged following vandalism at a veterans memorial in Kokomo. The Kokomo Tribune reports the juvenile is facing a charge of misdemeanor criminal mischief.

Lake Station man gets 70 years in prison for girlfriend’s death

June 18, 2018

A Lake Station man convicted of killing his girlfriend has been sentenced to 70 years in prison. Jovanni Torres, 32, was sentenced Friday to 60 years for murder and 10 years for using a firearm in the crime. 

Anderson, former mayor to pay $30k in ballot lawsuit

June 18, 2018

The city of Anderson and its former Mayor Kevin Smith will pay $30,000 to a former city worker who filed a lawsuit alleging she was arrested for trying to deliver her mother’s absentee ballot. The city will pay $20,000, while Smith will pay $10,000 under a May settlement.

COA affirms ruling in mortgage foreclosure case

June 15, 2018

The Court of Appeals allowed a rehearing in the case of R. Kinsey Brooks, Susan K. Brooks v. Bank of Geneva, 01A05-1709-MF-2174 , but affirmed its original decision after the bank contended the defendant made no argument of “claim for abuse of process.”

COA upholds conviction against uncle who molested nephew

June 15, 2018

The Indiana Court of Appeals has upheld a felony conviction against a Ripley County man convicted of molesting his 12-year-old nephew.

Opinions June 15, 2018

June 15, 2018

Indiana Court of Appeals

Angela Brewer, Individually and as Personal Representative of the Estate of Rickey A. Brewer, Deceased v. PACCAR, Inc., d/b/a PETERBILT MOTORS CO.
55A05-1709-CT-2168
Civil tort. Grants Angela Brewer’s petition for rehearing following the decision of the Court of Appeals. Reaffirms the Court of Appeals’ original decision in all respects. Finds it is not advisable for parties to file simultaneous motions to correct error and notices of appeal. Also finds the appellate court did not hold as a matter of law that Peterbilt’s glider kit was defective.

Results of DCS outside assessment to be released Monday

June 15, 2018

Key findings from an outside assessment of Indiana’s Department of Child Services will be released Monday, when representatives from the Child Welfare Policy and Practice Group will present the results of the assessment requested by Gov. Eric Holcomb. Holcomb asked for the DCS study after former director Mary Beth Bonaventura abruptly resigned, accusing Holcomb of cutting funds and putting children’s lives at risk.

COA: ‘Not advisable’ to file simultaneous motions to correct error, notices of appeal

June 15, 2018

The Indiana Court of Appeals has reaffirmed a March decision that overturned summary judgment for a national motor company after granting a petition for rehearing to address the allegedly common practice of parties simultaneously filing motions to correct error and notices of appeal.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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