Police: 1-year-old dead, woman hurt in Indianapolis shooting
Police say a 1-year-old girl is dead and a 19-year-old woman was wounded after more than 20 shots were fired at a home in Indianapolis.
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COA upholds admission of syringe into evidence
Lawrence County law enforcement officials were justified in conducting a stop that led to the discovery of a used syringe, thus making it acceptable for the trial court to admit the syringe into evidence, the Indiana Court of Appeals has ruled.
Fogle files, loses constitutional challenge
Former Subway pitchman Jared Fogle has lost yet another challenge to his 15-year sentence for child pornography charges, with the Indiana Southern District Court this time upholding the constitutionality of a statute through which Fogle has been permitted to seek relief.
Supreme Court seeking comment on proposed rule amendments
A series of proposed rule amendments would expand the use of electronic filing in appellate cases and strengthen the right to a jury trial for some misdemeanor offenses, among other proposed changes to Indiana trial and appellate rules.
Fishers renews $240K legal deal with congressman’s wife
The Indianapolis suburb of Fishers has renewed a $20,000-a-month, part-time legal services contract with the wife of Republican Senate candidate Luke Messer.
Opinions March 28, 2018
Indiana Court of Appeals
Ben Yisrayl v. Sgt. Reed
46A03-1706-SC-1524
Small claims. Affirms the denial and dismissal of Chijioke Bomani Ben Yisrayl’s claim in replevin. Finds Sgt. Reed is entitled to summary judgment as a matter of law.
Resisting law enforcement by fleeing conviction reversed
A man convicted of resisting law enforcement has successfully appealed his conviction to the Indiana Court of Appeals, which determined the jury instruction on the “fleeing” element to his conviction was fundamental error warranting reversal.
Funding boost enables raises for federal defenders, jurors
A nearly $200 million increase in the Fiscal Year 2018 budget is enabling the federal judiciary to increase compensation for jurors and indigent defense attorneys while also performing construction projects at three federal courthouses.
Legal battle between Southport official, police chief to continue
A politically charged legal battle between the Southport police chief and a city council member will continue after a district court judge partially denied the city’s and chief’s partial motions for judgment on the pleadings.
COA upholds judgment for DOC correctional officer
An Indiana correctional officer is entitled to summary judgment on an offender’s small claims complaint, the Indiana Court of Appeals ruled after determining the correctional officer properly confiscated “prohibited property” from the offender.
Raising stakes, attorney for porn star seeks Trump testimony
An attorney for Stormy Daniels filed a motion Wednesday seeking to question President Donald Trump and his attorney under oath about a pre-election payment to the porn actress aimed at keeping her quiet about an alleged tryst with Trump.
Mom charged with leaving children alone before fatal Gary fire
The mother of two young children killed in a northwestern Indiana apartment building fire has been charged with leaving them alone for several hours before the youngsters started the blaze while playing with the kitchen stove.
Immigrant’s confession in Colts player death could be used
Attorneys for a Guatemalan man living illegally in the U.S have ended their effort to have his confession thrown out in a suspected drunken-driving crash that killed Indianapolis Colts linebacker Edwin Jackson and his Uber driver.
Mediator to help settle Nassar sex abuse lawsuits
The sexual abuse scandal at Michigan State University widened when authorities charged a former dean with failing to protect patients from sports doctor Larry Nassar, along with sexually harassing female students and pressuring them for nude selfies.
Supreme Court grants emergency suspension against attorney
An Indianapolis attorney suspended from the practice of law after the Indiana Supreme Court granted a petition for emergency suspension.
Retired justice urges repeal of Second Amendment
Retired Supreme Court Justice John Paul Stevens is calling for the repeal of the Second Amendment to allow for significant gun control legislation. The 97-year-old wrote in an essay on The New York Times website that repeal would weaken the National Rifle Association’s ability to “block constructive gun control legislation.”
Defense ends bid to toss confession in Colts player’s death
Attorneys for a Guatemalan man living illegally in the U.S have ended their effort to have his confession thrown out in a drunken-driving crash that killed Indianapolis Colts linebacker Edwin Jackson and his Uber driver.
Reversal: Peterbilt as parts supplier may bear liability in fatality
The Indiana Court of Appeals has overturned summary judgment for a national motor company on a defective design claim stemming from a construction foreman’s death after finding sufficient evidence to rebut the presumption that the product in question was not defective.
Opinions March 27, 2018
Indiana Court of Appeals
Angela Brewer, Individually and as Personal Representative of the Estate of Rickey A. Brewer, Deceased v. PACCAR, Inc. d/b/a PETERBILT MOTORS CO.
55A05-1709-CT-2168
Civil tort. Reverses the grant of summary judgment in favor of Peterbilt Motors Company and the denial of Angela Brewer’s motion for partial summary judgment. Finds Brewer designated sufficient evidence for summary judgment purposes that there were several safety features Peterbilt reasonably could have incorporated into its glider kits that might have prevented Rickey Brewer’s death. Also finds Rickey Brewer was a “consumer” of Peterbilt’s product for purposes of the Indiana Product Liability Act. Remands for further proceedings. Judge Paul Mathias concurs with separate opinion.
Another key redistricting case goes in front of high court
The Supreme Court of the United States has already heard a major case about political line-drawing that has the potential to reshape American politics. Now, before even deciding that one, the court is taking up another similar case.