Indy attorney suspended after second OWI conviction
An Indianapolis attorney convicted of operating while intoxicated has been suspended from the practice of law in Indiana for six months without automatic reinstatement.
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Opinions March 16, 2018
Indiana Court of Appeals
Steven Wade Childress v. State of Indiana
48A02-1707-CR-1658
Criminal. Affirms Steven Wade Childress’ conviction for Level 3 felony armed robbery. Finds the Madison Circuit Court did not err in rejecting Childress’ Batson claim that the prosecutor’s peremptory challenge to a potential juror was improperly based on the juror’s race.
COA upholds denial of race-based Batson challenge
A Madison County man who alleged the state challenged a potential juror for race-based reasons has lost his appeal, with the Indiana Court of Appeals finding the record of the robbery trial does not support the argument that the juror was released because he was black.
Elkhart man sentenced to 64 years in slaying; body found in sewer
A northern Indiana man convicted of killing his estranged wife’s boyfriend in 2016 and hiding the body in a sewer has been sentenced to 64 years in prison.
Holcomb’s office unveils new tool to combat opioid epidemic
State officials unveiled a new tool Thursday that they believe will help combat Indiana’s opioid epidemic by making it easier for addicts to get drug treatment.
Gov. Holcomb open to special session after chaotic finale
Indiana Gov. Eric Holcomb is leaving open the possibility of calling lawmakers back to the Statehouse after this year’s legislative session descended into chaos Wednesday as bickering Republicans failed to take up some key bills.
Opinions March 15, 2018
The following Indiana Supreme Court opinion was issued after IL deadline Wednesday.
In the Matter of the Honorable Dean A. Young, Judge of the Blackford Circuit Court
05S00-1706-JD-430
Judicial discipline. Suspends Blackford Circuit Judge Dean Young for six days without pay for judicial misconduct stemming from his issuance of a restraining order barring former county clerk Derinda Shady from the courthouse. Young is also ordered to pay the costs of the proceedings by the Indiana Commission on Judicial Qualifications.
COA upholds summary judgment in dispute over trust
The only surviving son of a Huntington County woman is not entitled to his mother’s house because she did not properly amend her trust to gift it to him, the Indiana Court of Appeals ruled Thursday.
Judges appointed in Allen and Lawrence counties
Two court officials have been appointed by Gov. Eric Holcomb to fill judicial vacancies in Allen and Lawrence counties.
Court won’t stay discovery in harassment claim against ex-judge
A former Indiana judge facing a sex-based harassment claim has lost his bid to stay discovery in the case against him, the latest development in a federal suit against former Huntington Circuit Judge Thomas Hakes.
Rear-ended driver loses appeal vs. driver who suddenly stopped
A driver whose vehicle was rear-ended after the driver in front of him suddenly stopped cannot sue the driver who stopped due to a release he signed with the motorist whose car collided with his.
Holcomb signs 3 DCS-related bills, 5 others await action
A bill that would have given immunity to guardians ad litem and court appointed child advocates stalled in the Indiana House, but other measures covering foster parents and placing new requirements on the Indiana Department of Child Services all passed through the Statehouse with little or no opposition.
Judgment affirmed in failed Corydon auto dealership sale
The Indiana Court of Appeals affirmed summary judgment in favor of a planned buyer of a Corydon auto dealership in a dispute that arose after the sale fell through.
Indiana white nationalist leader faces battery charges
A white nationalist arrested for physically harassing a woman protesting at a 2016 Donald Trump rally is accused of attacking his wife and her stepfather in the southern Indiana community of Paoli.
Blackford judge suspended for barring ex-clerk from courthouse
A Blackford County judge has been suspended without pay for six days for barring a county’s clerk from entering the courthouse in Hartford City.
Indiana lawmakers send final bills to Holcomb’s desk
Indiana’s legislative session descended into chaos in its final minutes as Republicans who dominate the Statehouse struggled to pass bills ahead of the midnight deadline Wednesday.
Opinions March 14, 2018
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:
United States of America v. Timothy Ryan
16-4048
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms Timothy Ryan’s convictions of possessing, receiving and distributing child pornography. Finds the district court did not abuse its discretion in denying Ryan’s motion to substitute counsel. Also finds the record supported Ryan’s distribution conviction and his related sentencing enhancement. Finally, finds the government’s violation of Federal Rule of Criminal Procedure 32.2(b)(5)(A) was harmless error.
COA affirms summary judgment for estate on negligence claim
An Indiana couple trying to bring a negligence claim against the lessor of a home with an allegedly-defective handrail can pursue neither a negligence per se argument nor a private-right-of-action argument, the Indiana Court of Appeals ruled in a Tuesday opinion discussing the differences between those doctrines.
Bill letting Indiana ‘Dreamers’ get job licenses advances
A proposal that would lift a prohibition on young immigrants referred to as “Dreamers” from obtaining state professional licenses could soon be taken up by the full Indiana Legislature.
Frankfort woman gets 45 years in murder of great aunt, 96
A central Indiana woman has been sentenced to 45 years in prison for killing her 96-year-old great aunt.