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.
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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.
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.
Republican immigration moderates say they’ll force House votes
Republican lawmakers with moderate views on immigration defied party leaders and took steps Wednesday toward forcing election-year House votes on the issue, and a leader of the group said they had enough support to succeed.
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.
County wants U.S. Supreme Court to hear church grants case
A New Jersey county wants the U.S. Supreme Court to overturn a ruling that bars a longstanding practice of giving public historic preservation grants to churches.
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.