Lawyers for man charged in 4 killings end legal challenge to counsel’s removal
Attorneys for a Fort Wayne man charged in four killings have ended their challenge to a judge’s removal of a defense attorney from the case.
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Opinions April 18, 2018
Michael Flowers v. State of Indiana
10A01-1703-CR-586
Criminal. Reverses revocation of Michael Flowers’ placement in community corrections, with the majority finding the Clark Circuit Court erred in its analysis of whether it had authority to order Flowers to community corrections. The majority found the trial court also acted on flawed analysis when it stated in a hearing that any order by a senior judge can be reviewed and modified or altered by the presiding judge. Remands for proceedings and a new order. Judge Patricia Riley dissents and would affirm the trial court, finding it had inherent judicial authority to modify the placement order under I.C. 33-23-2-4.
COA: Man’s Facebook post that led to stolen iPad not a wiretap
The Indiana Court of Appeals on Wednesday declined to update the status of an Indianapolis man convicted of burglary who was caught with a stolen iPad after he incriminated himself with a Facebook post.
Prosecutor opposes Portage mayor’s bid to dismiss charges
A federal prosecutor says an indicted northwest Indiana mayor hasn’t proven his corruption charges should be dismissed because of how case-related emails were handled.
COA slashes disability damages, voids state code, gives bench slaps
Portions of the Indiana Administrative Code were voided by an Indiana Court of Appeals decision in a disability discrimination suit in which the appeals court also substantially reduced a damages award to a fired worker and criticized counsel for incivility and citing outdated regulations.
Mom loses appeal bid to remove judge in parenting time dispute
An Allen County mother who appealed the denial of her motion for a change of judge in a parenting-time dispute got no relief Wednesday from the Indiana Court of Appeals.
Divided appeals court reverses work release revocation
A trial court’s flawed analysis of two points of state law led the majority of an Indiana Court of Appeals panel to reverse an order that vacated a Clark County man’s placement in community corrections work release.
St. Eve and Scudder to face Judiciary Committee vote
The U.S. Senate Committee on the Judiciary will consider the final nominees for the open seats on the 7th Circuit Court of Appeals on Thursday. Judge Amy St. Eve of the Northern Illinois District Court and Michael Scudder, partner at Skadden, Arps, Slate, Meagher & Flom LLP, are on the agenda and, based on their committee hearing, do not appear to be facing any stiff opposition.
Supreme Court strikes down as vague part of immigration law
The Supreme Court said Tuesday that part of a federal law that makes it easier to deport immigrants who have been convicted of crimes is too vague to be enforced.
Indiana House speaker expects May 14 special session start
Indiana lawmakers are expected back at the Statehouse the week of May 14 for a special session to deal with bills the Republican-dominated legislature couldn’t wrap up last month.
Olympic medalist Wieber sues USA Gymnastics, Michigan State
Olympic gold medalist Jordyn Wieber is the latest gymnast to sue Michigan State University, Indianapolis-based USA Gymnastics and the U.S. Olympic Committee over former sports doctor Larry Nasssar’s sexual abuse.
Opinions April 17, 2018
Indiana Court of Appeals
City of Gary Police Civil Service Commission v. Raymond Robinson
45A05-1706-PL-1414
Civil plenary. Affirms the denial of the City of Gary Police Civil Service Commission’s motion to dismiss Raymond Robinson’s petition for judicial review and the trial court’s admission of evidence on summary judgment. Reverses the entry of summary judgment for Robinson. Finds the Lake Superior Court did not err when it denied the motion to dismiss. Also finds the commission did not preserve for appellate review its claim that the trial court considered inadmissible evidence on summary judgment. Finally, finds the trial court erred in entering summary judgment for Robinson. Remands for further proceedings.
Gorsuch is deciding vote to strike Trump-backed immigration law
The Supreme Court of the United States said Tuesday that part of a federal law that makes it easier to deport immigrants who have been convicted of crimes is too vague to be enforced. President Donald Trump’s appointee, Justice Neil Gorsuch, cast the deciding vote against the law the administration defended.
Summary judgment reversed for Gary police officer
The Indiana Court of Appeals has reversed summary judgment for a Gary police officer accused of misusing his police privileges to investigate a confidential informant after finding the city’s complaint against the officer was not untimely filed.
ABA poised to say ‘buh-bye’ to LSAT
A longstanding requirement of law school admission – taking the LSAT – could be eliminated under a proposal being considered by the American Bar Association.
COA reverses CHINS petitions after untimely factfinding hearing
The Tipton Circuit Court must dismiss children in need of services petitions filed for two local children after it failed to hold a related factfinding hearing within the statutory time limit, the Indiana Court of Appeals ruled Tuesday.
Munster church must face wrongful death suit, appeals court affirms
A Munster church failed to persuade the Indiana Court of Appeals that a wrongful death lawsuit against the church, brought after a babysitter died in the home of the church’s pastors, should have been dismissed.
IndyBar: Then and Now — Reflecting on 50 Years of Life in the Profession
Filled with tragedy, joy, loss and happiness, events of 50 years ago remain clear in the minds of colleagues who’ve been fortunate enough to have practiced law since then. We had the chance to sit down with a few of them to gain insight to just some of the many things that have changed. Read on and register now to celebrate their accomplishments at the IndyBar Practice Milestone Reception on May 10.
IndyBar: It Takes Little Effort to Say, “Yes”
One trait common to most in the legal profession is the desire to help others. A little time, encouragement, or support goes along way. If you don’t have the time to lead a team or a committee, support somebody who does or sign up for your company’s caring events.
IndyBar: A Cornerstone of Courage — The Remarkable Impact of Judge Patricia Gifford
Judge Patricia Gifford occupied a special place in our legal profession as well as in our hearts for more than 30 years prior to her retirement in 2008.