Judiciary asks Congress for $7.22 billion in FY19
The federal judiciary is requesting $7.22 billion in funding for Fiscal Year 2019, a 3.2 percent budget increase, to support court initiatives related to cyber and physical security.
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7th Circuit nominees get bipartisan support in committee vote
With 21-to-0 vote, Judge Amy St. Eve and Michael Scudder, the nominees for the 7th Circuit Court of Appeals, were approved Thursday by the U.S. Senate Committee on the Judiciary. Their nominations now proceed to the Senate for a confirmation vote at date to be determined.
IU frat sex assault case proceeds; questions certified to justices
The Indiana Southern District Court has partially denied summary judgment to an Indiana University fraternity implicated in a campus sexual assault after finding “open issues” in the applicability of Indiana Supreme Court precedent concerning foreseeability in the context of duty.
Opinions April 19, 2018
Indiana Court of Appeals
Currant Barnes v. State of Indiana (mem. dec.)
49A02-1711-CR-2542
Criminal. Affirms Currant Barnes’ conviction of Class B misdemeanor possession of marijuana. The evidence is sufficient to support the conviction.
Supreme Court CAO Willis resigns
Indiana Supreme Court Chief Administrative Officer Mary Willis has resigned from her position and is no longer working for the Supreme Court, the court announced Thursday. Jane Seigel, current and soon-to-retire executive director of the Indiana Office of Court Services, will serve as interim CAO.
CSX must face female engineer’s suit alleging sex, disability bias
The CSX railroad lost its bid to dismiss a lawsuit filed by a fired female locomotive engineer who alleges gender and disability discrimination. The complaint also contends CSX more severely disciplined its female workers than male workers, among other allegations.
15 attorneys migrate to Taft as Benesch closes Indy office
The Indianapolis location of Cleveland-based law firm Benesch Friedlander Coplan & Aronoff LLP is closing after nearly all its former attorneys migrated to Taft Stettinius & Hollister LLP this week.
Expansion of DNA database could help catch Delphi teens’ killer
A broader DNA database is helping police find suspects to unsolved crimes. Perhaps soon it might mean finding the man who killed Delphi teens Libby German and Abby Williams.
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.
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.