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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.

Kentucky man sentenced to 30 days for assault on congressman

June 15, 2018

A Kentucky man who had “had enough” of his congressman neighbor edging too close to his yard has been sentenced to 30 days in prison after he ran onto Kentucky Sen. Rand Paul’s property and tackled him. Rene A. Boucher, 60, after he assaulted Paul on Nov. 3, 2017.

Elkhart inmate files wrongful conviction petition claiming Elkhart Police coerced his statement

June 15, 2018

Nearly 13 years after he was found guilty of a murder he claims he did not commit and following a subsequent series of failed attempts at appellate and post-conviction relief, a developmentally disabled man has petitioned the Elkhart Circuit Court to overturn his conviction on the basis of new evidence he says proves his confession was coerced and his counsel was ineffective. Andrew Royer filed a petition to vacate the judgment against him on Wednesday.

Disciplinary Actions

June 15, 2018

The Indiana Supreme Court Disciplinary Commission brings charges against attorneys who have violated the state’s rules for admission to the bar and Rules of Professional Conduct. The Indiana Commission on Judicial Qualifications brings charges against judges, judicial officers, or judicial candidates for misconduct. Details of attorneys’ and judges’ actions for which they are being disciplined […]

Indiana Senate leader Long joins Ice Miller

June 15, 2018

In advance of his retirement from the Indiana Statehouse in November, Senate President Pro Tem David Long, R-Fort Wayne, will be joining Ice Miller LLP as a partner today. Long, who has a law office in Fort Wayne and serves as general counsel for Pizza Hut, will practice in the firm’s Public Affairs Group.

Mueller worries Russia could use court case to spy on probe

June 15, 2018

Special counsel Robert Mueller’s team is worried that Russian intelligence services will use a criminal case in Washington, D.C., to gather information about its investigation and U.S. intelligence-gathering methods. In court papers filed Tuesday, prosecutors asked a federal judge in D.C. to impose limits on the information that can be shared by attorneys in the first criminal case directly related to Russian attempts to interfere in the 2016 U.S. presidential election.

In Fort Wayne, Sessions cites Bible to defend separating immigrant families

June 15, 2018

Attorney General Jeff Sessions cited the Bible on Thursday in defense of a border policy that has resulted in hundreds of immigrant children being separated from their parents after they enter the U.S. illegally. Sessions, speaking in Fort Wayne on immigration, pushed back against criticism he has received over the policy.

Justices strike down Minnesota voter clothing restrictions

June 15, 2018

The U.S. Supreme Court on Thursday struck down Minnesota’s broad restrictions on voters wearing “political” hats, T-shirts and pins to the polls, but said states can place limits on such apparel.

Muncie pain clinic doc convicted of forgery, Rx offenses

June 15, 2018

A jury has convicted a Muncie pain clinic doctor on three counts each of forgery and prescription-related registration offenses. The Delaware Circuit Court jury deliberated less than an hour before finding William Hedrick of Fort Wayne guilty of the six counts.

Opinions June 14, 2018

June 14, 2018

Indiana Court of Appeals
James T. Horejs, James Harris, and Robert Horejs, as Co-Administrators of the Estate of Laura A. Shaner, Deceased v. Albert Milford, D.O., St. Margaret Mercy Healthcare Centers, Inc., et al.

45A03-1709-CT-2173
Civil Tort. Affirms the trial court’s grant of the providers’ motion for partial summary judgment. Finds Laura Shaner’s estate has no heirs to receive survivor damages under the wrongful-death statute following the death of David, her husband. Concludes survivor damages passed on to the state are contrary to the wrongful-death statute.

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In This Issue

  • What’s next for companies after tariff ruling?

  • Attorneys across Indianapolis go toe-to-toe on basketball court

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

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

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

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

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

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

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