COA upholds conviction against uncle who molested nephew
The Indiana Court of Appeals has upheld a felony conviction against a Ripley County man convicted of molesting his 12-year-old nephew.
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Opinions 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
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
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
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
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
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
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
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
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
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
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
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.
Trump accused in lawsuit of misusing charitable foundation
New York’s attorney general sued President Donald Trump and his foundation Thursday, accusing him of illegally using the charity’s money to settle disputes involving his business empire and to promote his political fortunes during his run for the White House.
EPA must reply to suit over power plant pollution from Indiana, other states
A federal judge has ordered the Environmental Protection Agency to respond to Maryland's request for a declaration that power plants in five upwind states are contributing to Maryland’s air quality problems.
New Jersey governor places state’s first legal sports bets
New Jersey launched legal sports betting as Democratic Gov. Phil Murphy kicked off a new era of gambling in the state, making the first official bets on Thursday morning at Monmouth Park, a racetrack in Oceanport near the Jersey Shore.
Family of woman who had reaction to scan dye wins $29.5M
A jury in Orange City, Iowa, has awarded $29.5 million to the family of a northwest Iowa woman who died after she had an allergic reaction to a dye she was given for a medical scan.
COA: Personal rep in estate case has no claim to survivor damages
After a man who filed a wrongful death suit for his wife died intestate and without heirs while the suit was pending, the Court of Appeals concluded the estate’s personal representative could not claim survivor damages.
Lack of inmate program recommendation no issue on appeal, COA rules
A man sentenced to six years in prison for battering his father lost his argument on appeal that the trial court failed to recommend him for participation in a substance abuse treatment program. Placement in such programs are left to the discretion of the Department of Correction, the court noted.
Porter, Madison, COA judges certified as senior judges
The Indiana Supreme Court has certified three new senior judges to serve in Indiana’s courts. Chief Justice Loretta Rush, acting as the chair of the Indiana Judicial Nominating Commission, approved Julia M. Jent, Stephen D. Clase and Michael P. Barnes as senior judges in three Thursday orders. Jent is the former judge of the Porter […]