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Opinions May 17, 2018

May 17, 2018

Indiana Court of Appeals
Pausides Alayo v. State of Indiana (mem. dec.)

09A02-1712-CR-2800 
Criminal. Affirms the revocation of Pausides Alayo’s probation. The Cass Superior Court did not abuse its discretion in revoking Alayo’s probation and the evidence was sufficient to support his conviction.

State Bar, ILS team up to offer legal help to storm victims

May 17, 2018

Victims of recent severe storms and flooding in southeast and northwest Indiana can get legal help from a toll-free hotline thanks to a joint effort between the Indiana State Bar Association and Indiana Legal Services.

Court: Trump can’t delay “Apprentice” defamation suit

May 17, 2018

A New York court ruled Thursday that former “Apprentice” contestant Summer Zervos can proceed with her defamation lawsuit against President Donald Trump, at least for now. Trump’s lawyers had asked to put the case on ice until appeals judges decide whether to dismiss it or postpone it until after his presidency.

State, railroad argue over blocked crossings before Supreme Court

May 17, 2018

The Indiana Supreme Court on Thursday heard oral arguments in a case to determine whether state or federal law controls how long trains may block road crossings. Norfolk Southern Railway challenged the state’s blocked crossing statute after receiving 23 citations for blocking a crossing for more than 10 minutes.

Eliminating LSAT not expected to bring much change to admissions

May 17, 2018

Although the recent approval by the American Bar Association to eliminate the requirement that law schools use the LSAT as part of their admissions process could upend a 70-year tradition, the potential shift away from the test is not expected to bring great change to legal education.

Trump: If FBI spied on my campaign, ‘bigger than Watergate’

May 17, 2018

President Donald Trump lent credence Thursday to reports that FBI informants had infiltrated his presidential campaign, saying that “if so, this is bigger than Watergate!” Trump’s comments came on the one-year anniversary of Robert Mueller’s appointment as special counsel to head the Justice Department probe into possible coordination between Russia and Trump campaign officials, an investigation Trump repeatedly has called a “witch hunt.”

Man gets work release for estranged wife’s abduction

May 17, 2018

An Indiana man has been sentenced to work release for abducting his estranged wife at gunpoint from her workplace. Kyle Mulkins, 22, had pleaded guilty in April to a felony charge of criminal confinement in the August 2017 abduction.

Judge sets hearing on request to block Indiana abortion law

May 17, 2018

A federal judge has set a June hearing in Evansville on Planned Parenthood’s bid to block a new Indiana law that requires medical providers who treat women for complications arising from abortions to report detailed patient information to the state.

Opinions May 16, 2018

May 16, 2018

Indiana Court of Appeals
Cameron Hunter v. State of Indiana

43A03-1711-CR-2633
Criminal. Reverses Cameron Hunter’s contempt finding and sanction of 180 days in jail for violation of a condition of bail, finding the trial court abused its discretion by imposing a punitive contempt sanction when the appropriate remedy was to revoke his bail.

Michigan State agrees to pay $500M to settle Nassar claims

May 16, 2018

Michigan State University agreed to pay $500 million to settle claims from more than 300 women and girls who said they were assaulted by sports doctor Larry Nassar in the worst sex-abuse case in sports history, officials announced Wednesday.

Grandmother can’t bring child wrongful death suit, COA rules

May 16, 2018

A woman who claimed to be her grandson’s de facto custodian failed to convince the Indiana Court of Appeals that she had standing to bring a suit on the child’s behalf after he and his mother perished in an apartment fire.

Man’s contempt order for bail violation reversed on appeal

May 16, 2018

A northern Indiana trial court’s contempt order against a man who violated a condition of bail was an abuse of discretion, the Indiana Court of Appeals ruled Wednesday, reversing the order.

Two judges, Fort Wayne attorney selected as finalists for COA vacancy

May 16, 2018

The Indiana Judicial Nominating Commission announced late Wednesday afternoon that it will send the names of St. Joseph Superior Judge Steven Hostetler, Lake Superior Judge Elizabeth Tavitas and attorney David Van Gilder of Van Gilder & Trzynka, P.C. to Gov. Eric Holcomb, who will choose one of them to replace retiring Judge Michael Barnes.

Insurer loses appeal in home-health worker crash case

May 16, 2018

An insurance dispute over who should pay for a bicyclist’s injuries sustained after he was struck by a vehicle driven by a home health aide will continue after an appeals court ruling that left the question open for now.

Man gets 90 years for setting fire to covered bridges

May 16, 2018

A Rockville man has been sentenced to 90 years in prison after being convicted of setting fires that destroyed a covered bridge and damaged another.

Judge: Special counsel had authority to prosecute Manafort

May 16, 2018

Special counsel Robert Mueller was working within his authority when he brought charges against President Donald Trump’s former campaign chairman Paul Manafort, a federal judge in Washington ruled Tuesday.

Lake County Jail deal seeks to curb turnover, overtime

May 16, 2018

A county in northwestern Indiana has ratified a jail contract that increases jailers’ pay in an effort to curb turnover and overtime among corrections officers.

Legislative Council agrees to study DCS

May 16, 2018

The Department of Child Services will get some special attention from the Indiana Legislature since the agency has been included in among the topics to be reviewed by an interim study committee.

Opinions May 15, 2018

May 15, 2018

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of B.W., Minor Child, and A.T., Mother v. The Indiana Department of Child Services (mem. dec.)

32A01-1709-JT-2041
Juvenile termination of parental rights. Affirms the termination of mother A.T.’s parental rights to her minor child, B.W. The evidence is sufficient to support the Hendricks Superior Court’s best interests determination.

Lawyer must face malpractice claim in ex-ballplayer’s unrepaid loan

May 15, 2018

An Indianapolis attorney must face a legal malpractice claim from a couple who allege the lawyer failed to adequately protect them and had a conflict of interest when he drafted a promissory note for a loan to a retired Major League Baseball player, who never repaid.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

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

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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