Hamilton County halts government and judicial center expansion
Hamilton County leaders are delaying a roughly $24 million project to expand the government and judicial center in Noblesville after bids came in about $300,000 over budget.
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Opinions May 11, 2018
Indiana Court of Appeals
State of Indiana v. Beth A. Neff
18A02-1708-IF-1933
Infraction. Reverses the entry of judgment in favor of Beth A. Neff and against her removal from office as Yorktown clerk-treasurer. Affirms the denial of Neff’s motion to dismiss. Finds the Delaware Circuit Court erred when it determined Neff’s removal was not warranted under the Indiana Constitution and Removal Statute because Neff neglected to properly reconcile the town’s financial records for 48 consecutive months. Also finds the trial court did not abuse its discretion when it denied Neff’s motion to dismiss. Remands.
Settlement allows children to visit Allen County Jail inmates
A settlement in a federal lawsuit ends a policy that prohibited Allen County Jail inmates from receiving visits from their children, among other agreed changes.
COA to hear arguments in Dubois, Clark counties
The Indiana Court of Appeals is heading south next week to hear oral arguments in Dubois and Clark counties.
Appeals court orders Yorktown clerk-treasurer’s removal
The Indiana Court of Appeals has ordered the removal of the Yorktown clerk-treasurer from office after determining that her failure to properly reconcile the town books for four consecutive years warranted her removal. In response, the elected office holder has pledged to take her case to the Indiana Supreme Court.
Indiana high court won’t rehear landmark beach rights case
The Indiana Supreme Court has denied rehearing in its landmark ruling that Lake Michigan’s shoreline is open to all and property owners can’t exercise exclusive control of the beach between their homes and the water.
2 Indianapolis officers cleared in Aaron Bailey shooting death
The Indianapolis Civilian Police Merit Board has cleared two Indianapolis officers of wrongdoing in the fatal shooting of unarmed black motorist Aaron Bailey following a pursuit.
In Elkhart, Trump urges GOP to mobilize for 2018 midterms
Embracing his role as party leader, President Donald Trump issued a stern warning at an Elkhart rally Thursday that Democrats would disrupt the economic progress of his administration, imploring Republicans to mobilize during the 2018 midterm elections.
Evansville man sentenced to 15 years in death of infant son
An Evansville man has been sentenced to 15 years after authorities say he dropped his infant son, who died a few days later.
New Albany man convicted in friend’s killing, acquitted of arson charge
A New Albany man has been convicted of killing a friend who prosecutors said was tortured and fatally beaten in his home.
Opinions May 10, 2018
7th Circuit Court of Appeals
Anthony Mimms v. CVS Pharmacy, Incorporated
17-1918
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt
Reverses and remands in part the jury award of $1.025 million to Dr. Anthony Mimms against CVS Pharmacy. The district court erred in failing to grant summary judgment to CVS on three of four allegedly defamatory statements about Mimms tried to the jury, and CVS is entitled to a new trial on the fourth statement.
7th Circuit affirms judgment against rejected firefighter
A man who sued the Indianapolis Fire Department alleging he was not hired as a firefighter as retaliation for his father’s lawsuit against the department lost his appeal of a ruling against him Thursday.
Court reverses doctor’s $1M defamation award against CVS
An Indianapolis doctor awarded $1.025 million in defamation damages against CVS after a federal jury trial lost it all Thursday when the 7th Circuit Court of Appeals reversed the decision. The panel ordered a new trial on greatly reduced claims for damages.
No charges in Indiana day care attack that hurt 1-year-old
A prosecutor won’t file charges in an attack at an Indianapolis day care that left a 1-year-old boy’s lips and face scratched and swollen.
COA upholds exclusion of drug evidence from car search
Evidence taken from the search of a car after a man was stopped in Jennings County on a traffic violation was properly suppressed by the trial court, the Indiana Court of Appeals ruled Thursday.
Justices rule anti-SLAPP law no defense to malpractice claim
A medical malpractice suit filed against a doctor who reported his suspicions of child abuse to the Department of Child Services will proceed after the Indiana Supreme Court ruled Thursday that the state’s anti-SLAPP laws do not apply to this case.
Wisconsin nominee confirmed to 7th Circuit seat after party-line vote
With a slim vote along party lines, the U.S. Senate confirmed Michael Brennan to the Wisconsin seat on the 7th Circuit Court of Appeals on Thursday, filling the longest vacancy in the federal judiciary.
Murder convictions upheld after dismissed juror feared for safety
A Lake County woman’s murder convictions were upheld Thursday in a case where a juror was dismissed after telling fellow jurors and the court he feared for his safety. The ruling also created split opinions in the Indiana Court of Appeals on the rights of defendants to speak.
Texas suit could speed DACA’s path to Supreme Court
Three judges have ordered the Trump administration to continue a program that has shielded hundreds of thousands of young immigrants from deportation. Now, a lawsuit filed last week in Texas seeks to shut down the Deferred Action for Childhood Arrivals program and may create a legal clash that could speed the issue’s path to the Supreme Court.
Insight or influence? Trump attorney’s business scrutinized
Already under investigation for a payment to a porn star, President Donald Trump’s longtime personal attorney is facing intensifying legal and ethical scrutiny for selling his Trump World experience and views at a hefty price to companies that sought “insight” into the new president.