Kokomo woman charged after 2 kids positive for meth, THC
A Kokomo woman faces neglect charges after two children in her care tested positive for methamphetamine and her infant son was found to be severely malnourished.
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Widow of man killed in Marion plane-jet collision sues jet’s pilot
The widow of a firefighter killed when a small plane collided with a business jet in Marion is suing the jet’s pilot and his employer. Autumn Wittkamper contends Richard Darlington and Avis Industrial Corp. are responsible in the April 2 collision that killed 31-year-old David Wittkamper.
McKinney Endowment nears $20,000 mark
Since the December 2017 creation of an endowment in honor of the late Larry McKinney, senior judge of the U.S. District Court for the Southern District of Indiana, the fund is getting close to reaching the $20,000 milestone. The Honorable Larry J. McKinney Fund for Civic Education was started by the Indiana Bar Foundation to support civic educations programs like We the People and Indiana Mock Trial.
ACLU arguing for injunction against abortion law taking effect July 1
An in-court battle over yet another Indiana abortion law will take place Friday when the American Civil Liberties Union of Indiana will urge a district court judge to enter an injunction against portions of a law set to take effect in less than a month.
More than 150 lawyers suspended for fee, CLE violations
More than 150 attorneys in the state and across the country currently cannot practice law in Indiana after they were suspended by the state Supreme Court for failure to pay their annual fees, comply with annual continuing legal education requirements or both.
Opinions June 7, 2018
Indiana Court of Appeals
Steven Davenport v. State of Indiana (mem. dec.)
34A04-1712-CR-2983
Criminal. Affirms the trial court’s order requiring Steven Davenport, who pleaded guilty to child solicitation, to serve the remainder of his suspended sentence in the Department of Correction for violating probation. The trial court did not abuse its discretion in finding he violated probation on three occasions and was given multiple chances to no avail.
Indianapolis neighborhood group sues city over controversial project
A north-side Indianapolis neighborhood association is suing the city over a zoning decision reversal that allows a controversial mixed-use project near Keystone at the Crossing to be built. Some members of the nearby Driftwood Hills neighborhood fiercely oppose the development plans.
Giuliani: Trump accuser has ‘no reputation,’ affair not credible
President Donald Trump’s attorney, Rudy Giuliani, said Stormy Daniels’ claim she had sex with Trump in 2006 isn’t credible because she’s a porn actress with “no reputation.” The comments drew a terse response from Daniels’ attorney, Michael Avenatti.
Ex-Navy SEAL author’s legal malpractice claim proceeds
A former Navy SEAL who claims he was forced to forfeit to the government more than $6 million in proceeds from his best-selling book about the capture of Osama bin Laden may proceed with a legal malpractice lawsuit against a Fort Wayne lawyer. The author of “No Easy Day” alleges bad legal advice about not needing to first clear the book with the Department of Defense caused the loss.
Family of Marion lynching victims opposes proposed memorial
Relatives of two black men who were lynched in 1930 in Marion say they oppose a proposed memorial honoring the two victims.
College skirts health care law’s birth control rule
A northern Indiana college has won its long-running lawsuit seeking a religious exemption from paying for employees’ birth control under former President Barack Obama’s health care law.
House Speaker opposes Republican marriage platform changes
Indiana House Speaker Brian Bosma is the latest powerful GOP leader who doesn’t want to change the state Republican Party’s platform that favors “marriage between a man and a woman.”
Trump commutes term of Kardashian-championed drug offender
A woman whose life sentence was commuted by President Donald Trump thanked him on Thursday for “having mercy” and said reality TV star Kim Kardashian West saved her life. After flexing his clemency powers once again, Trump tweeted: “Good luck to Alice Johnson. Have a wonderful life!”
Judge: Flashing GIF sent to provoke seizure may be battery
An epileptic seizure suffered by a journalist that was caused by a flashing strobe-like animated GIF sent on Twitter with the message “You deserve a seizure for your posts” may constitute battery, a federal judge in Texas ruled.
Magistrate appointed to St. Joseph Circuit Court
St. Joseph Circuit Court Judge John Broden announced the appointment of Cristal C. Brisco as magistrate judge for the St. Joseph Circuit Court on Thursday. Brisco will assume the position vacated by the death of Magistrate Judge Larry L. Ambler.
Legislators question trying juveniles as adults after Noblesville shooting
Indiana leaders are questioning current state law that prevents juveniles from being charged as adults one day after a prosecutor said a 13-year-old Noblesville school shooting suspect would not be tried because of his age.
E-filing for Jay County now available, mandatory August 6
Electronic filing is now available in more than 40 civil and criminal case types in the Jay Circuit and Superior courts. By August 6, E-filing will be mandatory for attorneys in these courts for all subsequent and initial filings in case types that allow it.
Federal judge nominees face questions over juror race issue
At Wednesday’s U.S. Senate Committee on the Judiciary hearing for the five nominees to the federal district bench, including the nominees for the Northern and Southern Indiana district courts, the table of potential judges was more crowded than the dais where the senators usually sit.
Bankruptcy trustee files $250M suit against ITT Tech’s former CEO, directors
The bankruptcy trustee charged with trying to get a settlement for ITT Technical Institute’s students and creditors has filed a $250 million lawsuit against ITT Educational Services’ ex-CEO and eight of its former directors.
Opinions June 6, 2018
Indiana Court of Appeals
In Re the Adoption of S.O., A.O., and N.O.: P.P. v. A.O. (mem. dec.)
41A01-1712-AD-2967
Adoption. Affirms stepmother Am.O.’s petition to adopt the children of P.P. (mother), and the termination of mother’s the parental rights.