Second man sentenced in South Bend shootout that killed 2
The second of six men charged in connection with a double slaying in northern Indiana has been sentenced to decades in prison.
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Trump’s immigration order sparks confusion, concern
President Donald Trump’s reversal of a policy separating migrant families at the Mexico border sparked confusion over how the new guidelines will play out and deep concern that the changes don’t go far enough, allowing children to still be held in detention even if they remain with their families.
7th Circuit upholds denial of fraud on the court, attorney sanctions
The 7th Circuit Court of Appeals has upheld the denial of an Indiana’s man motion alleging fraud on the court and affirmed sanctions against his attorney, finding the district court did not err when making either ruling.
Opinions June 20, 2018
7th Circuit Court of Appeals
The following opinion was posted after IL deadline Tuesday:
Bennie Kennedy v. Schneider Electric
17-1645 & 17-1786
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Affirms the United States District Court’s denial of Bennie Kennedy’s motion to set aside summary judgment for fraud on the court. Affirms the court’s decision to impose sanctions on Kennedy’s lawyer under Rule 11 for accusing the defendant’s lawyers of suborning perjury.
Justices reinstate murder, drug convictions after invited error
The Indiana Supreme Court has overturned a ruling for a convicted murderer to get a new trial and instead reinstated the murder and drug convictions after determining the defendant invited the structural error that compromised his right to an impartial jury.
Carmel attorney suspended for not communicating with clients
A Carmel attorney who contracted with a Texas law firm but did not engage with the clients he represented as part of the contractual relationship has been suspended from the practice of law in Indiana for 30 days.
Divided COA: Court erred in dismissing charges after 1 year
The Indiana Court of Appeals ruled in favor of the State of Indiana to reverse a trial court decision dismissing charges against a Warrick County man.
Justices reverse 13-year-old’s bomb threat case on Miranda grounds
A boy alleged to have written bomb threats on a bathroom wall at Decatur Middle School was deprived of his Miranda rights under police interrogation and his statements should have been suppressed, the Indiana Supreme Court ruled Wednesday.
Justices: No Miranda violation in school delinquency case
A 17-year-old boy adjudicated delinquent for spray painting sexual graffiti on bathroom walls at Brownsburg High School was not required to be read his Miranda rights because he was only interviewed by a school official, not by police, the Indiana Supreme Court ruled.
Justices reverse NIPSCO rate increase, limit hikes for nonspecific projects
A utility rate increase to fund nearly $20 million of improvements for a northern Indiana power utility was struck down by the Indiana Supreme Court on Wednesday in a ruling the court said “will likely have enormous financial consequences for utilities and their customers.”
COA: Officer’s testimony of speeding alone insufficient for traffic stop
A man who argued his Fourth Amendment rights were violated when he was arrested after a traffic stop prevailed Wednesday before the Indiana Court of Appeals, which reversed a trial court’s denial of his motion to suppress evidence from the stop.
Supreme Court reverses judgment for man’s estate on uninsured driver claim
The Indiana Supreme Court reversed a trial court ruling in favor of a Goshen man’s estate seeking recovery of damages under the uninsured motorist policy held by his employer. The Indiana Court of Appeals also had ruled in favor of the estate of a man hit and killed by a passing driver while mowing his lawn.
Justices: ‘Compromise Chapter’ does not apply to pre-mortem estate agreements
A portion of Indiana code dealing with disagreements arising from the process of probating a will and administering an estate cannot be read to allow for the enforcement of pre-mortem family settlement agreements, a majority of the Indiana Surpeme Court has ruled.
Indiana Lawyer parent IBJ Media moving to Monument Circle
IBJ Media — publisher of the Indiana Lawyer, the Indianapolis Business Journal and Court and Commercial Record — is moving to Monument Circle. The move is scheduled to take place in March 2019.
Opinions June 19, 2018
Indiana Court of Appeals
Michael Riggle v. State of Indiana (mem. dec.)
49A05-1710-CR-2425
Criminal. Affirms Michael Riggle’s convictions of five counts of child molesting, one count of sexual misconduct with a minor, two counts of child seduction and one count of activity related to obscene performance as Class A, Class B, Class C, Level 1 and Level 5 felonies. Finds Riggle made a knowing, voluntary, intelligent waiver of his right to counsel.
Supreme Court rejects Indiana barge company’s oil spill appeal
An Indiana-based barge company lost its bid Monday to have the Supreme Court of the United States hear a case of first impression over whether the company was liable under the Oil Pollution Act of 1990 for an oil spill caused by the tug boat operator.
Jury awards $15M after Indiana cancer patient’s misread CT scan
A federal jury Friday awarded $15 million in damages on behalf of a woman who claimed a Carmel imaging center failed to identify a tumor that went untreated and undetected for nearly 18 months, severely reducing her chances of surviving cancer.
Indiana trooper wins praise for stopping too-slow driver
An Indiana State Police trooper who tweeted a photo of a vehicle he stopped for driving too slowly in the left lane says he’s overwhelmed by the widespread praise he’s receiving online.
Trump administration asks high court to halt sanctuary cities ruling
The Trump administration is asking the U.S. Supreme Court to allow it to largely implement a policy of withholding public safety grants from “sanctuary cities” that refuse to cooperate with President Donald Trump’s immigration enforcement policies.
Lower costs, fewer benefits in new health insurance option
The Trump administration Tuesday rolled out a health insurance option for small businesses and self-employed people that could lead to lower premiums but may also cover fewer benefits than current plans.