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Opinions May 9, 2018

Indiana Court of Appeals
Jerold W. Leatherman v. State of Indiana
47A04-1711-CR-2711
Criminal. Affirms Jerold Leatherman’s conviction of Class C misdemeanor possession of paraphernalia. Reverses Leatherman’s conviction of Level 6 felony maintaining a common nuisance. Finds the state provided sufficient evidence to support Leatherman’s Class C misdemeanor conviction but failed to provide sufficient evidence that the vehicle Leatherman drove had been used on multiple occasions for the delivery of a controlled substance, an essential element of the crime of maintaining a common nuisance.

Six COA semifinalists to be interviewed next week

Interviews with the six semifinalists selected for an upcoming vacancy on the Indiana Court of Appeals will take place next week. Three judges and three lawyers from northern Indiana are vying to succeed Judge Michael Barnes on the appellate court.

COA: French Lick Resort not negligent in hotel rape

A former guest of the French Lick Resort & Casino cannot bring a negligence case against the hotel after the Indiana Court of Appeals determined the sexual attack against the guest was not foreseeable as a matter of law, making summary judgment for the resort appropriate.

COA: Participating in needle exchange doesn’t excuse drug activity

A Lawrence County man who argued he had “legal authority” to possess two syringes under the county’s needle exchange program has lost his appeal of his possession of paraphernalia conviction, with the Indiana Court of Appeals rejecting the notion that needle exchanges excuse illegal drug activity. However, the court overturned another of the man’s drug convictions for lack of evidence.

Appellate court upholds contempt finding against mother

A Marion County mother was unsuccessful in her attempt to seek relief from an order finding her in contempt of court for interfering with her ex-husband’s parenting time, with the Indiana Court of Appeals finding she failed to develop a cogent appellate argument.

EPA finds more lead contamination in Hammond, Whiting

The Environmental Protection Agency has discovered more lead contamination in northwestern Indiana. Soil samples collected since October have revealed more than two dozen contaminated yards in Hammond and Whiting, the Chicago Tribune reported.

Porn star’s lawyer says Russian paid Trump attorney Cohen

Stormy Daniels’ lawyer said Tuesday he has information showing that Michael Cohen, President Donald Trump’s longtime personal attorney, received $500,000 from a company associated with a Russian billionaire within months of paying hush money to Daniels, a porn star who claims she had an affair with Trump.

Opinions May 8, 2018

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
Brian Valenti v. Connie Lawson, et al.
17-3207
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the grant of summary judgment in favor of Connie Lawson in her official capacity as Indiana Secretary of State and the other state defendants on Brian Valenti’s claim that the state violated his right to vote by refusing to let him enter a polling site located at a school. Finds Indiana has demonstrated a rational relationship between Indiana Cdoe section 35-42-4-14(b) and the stated purpose of keeping serious sex offenders away from children on school property. Also finds the district court erred in applying a constitutional balancing test, rather than statutory rational basis review.

Lake Superior Court shutters Gary Probate Division

The Gary Probate Division of the Lake Superior Court has permanently closed and all files opened in that court have been transferred to the Crown Point Probate Division. The Indiana State Bar Association announced the closure of the Gary Probate Division last month.

Indiana joins lawsuit against Gary sanctuary city ordinance

A judge has allowed the state of Indiana to intervene in a lawsuit alleging the city of Gary’s sanctuary city ordinance violates state law. Attorney General Curtis Hill sought to have the state added as a plaintiff in the case against Gary officials.

7th Circuit prohibits sex offender from voting at local high school

In a decision handed down one day before Indiana’s 2018 primary election, the 7th Circuit Court of Appeals found a rational relationship between an Indiana statute prohibiting sex offenders from entering school property and the state’s interest in protecting children. The court ruled the state does not violate a convicted sex offender’s voting rights by prohibiting him from voting at a polling place located in a high school, and instead requiring him to vote via one of three alternatives.

Southern Indiana federal court film nominated for 2 Emmys

The documentary about the federal courts in Indiana produced to mark the Southern Indiana District Court’s bicentennial in 2017 has been nominated for two Emmy Awards by the National Academy of Television Arts and Sciences, Lower Great Lakes Chapter.

Suspect in officer’s death was wanted in another killing

A 21-year-old man suspected of fatally shooting a Terre Haute police officer was wanted for questioning in another man’s killing when Friday’s deadly shootout unfolded, according to court documents filed Monday in a related case involving the alleged gunman’s girlfriend.

Clerk: Trump slogan banned from clothing in Indiana primary

A county clerk says Indiana election officers have directed poll workers not to allow anyone into voting stations with clothing sporting the phrase “Make America Great Again,” a slogan popularized by Donald Trump’s 2016 presidential campaign.