Holcomb signs historic Indiana Sunday alcohol sales bill
Indiana Gov. Eric Holcomb made history Wednesday by signing a new law that will legalize the carryout sale of alcohol on Sundays.
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Opinions Feb. 28, 2018
The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
In the Matter of Robert John Wray
02S00-1511-DI-648
Disciplinary. Suspends Robert John Wray from the practice of law in Indiana for at least nine months without automatic reinstatement. Finds Wray engaged in attorney misconduct arising from his solicitation of clients through a nonlawyer intermediary. Justice Christopher Goff, who was the hearing officer in this discipline case, did not participate.
Court of Appeals again reverses, finds for New York lender
In a second dispute involving an Indiana business, a New York company, stopped payments and cognovit notes, the Indiana Court of Appeals has again reversed and found in favor of EBF Partners.
Jury awards $1.9 million in case rising from Menard-Hilbert fight
The latest development in a longstanding legal battle between two business titans has resulted in a $1.9 million verdict against the leaders of the national hardware store chain Menard, Inc.
Court finds man with multiple addresses still lived at home
The Indiana Court of Appeals affirmed summary judgment in favor of the estate of a man who died in South Bend, lived and worked in Chicago, but considered his principal residence to be his parents’ home.
COA reinstates default judgment against Decatur Co. landlords
The Decatur Superior Court must reinstate a default judgment against a local apartment complex and its property manager after the Indiana Court of Appeals found there was no excusable neglect that would justify setting aside the default.
Insufficient evidence leads to firearm conviction reversal
A man’s conviction of possession of a firearm as a serious violent felon was reversed Wednesday by a divided Indiana Court of Appeals, which found his signature on an underlying robbery plea agreement had not been authenticated.
COA: State Fair board did not chill china painter’s free speech
The Indiana Court of Appeals gave a cold reception to a painter’s argument that the Indiana State Fair Board’s power to ban her from art competitions at the annual state fair “chilled” her right to free speech.
COA limits credit restrictions for some child molesters
The Indiana Court of Appeals ruled Wednesday that defendants who plead guilty to lower-level felony counts of child molesting are not subject to good-time credit restrictions, even if they do not dispute allegations of molestation that would subject them to loss of credit time.
Sentence for ‘recidivist drunk driver’ affirmed
A southern Indiana man’s five-and-a-half-year sentence for his conviction as a habitual vehicular substance offender was affirmed by the Indiana Court of Appeals, which called him “a recidivist drunk driver whose behavior has been undeterred by his prior contacts with the criminal justice system.”
Judge’s revocation of plea deal, longer sentence affirmed
A man convicted of negligence resulting in the death of this 3-month-old son lost his appeal Wednesday, failing to show that a judge erred in revoking his plea agreement before sentencing, which led to a longer sentence when he was convicted after a trial.
Officer’s slip in same mud as fleeing suspect sufficient for felony
A man fleeing an arresting officer slipped in mud that also caused the pursuing policeman to slip and injure himself — evidence the Indiana Court of Appeals found sufficient to support the man’s conviction of felony resisting law enforcement.
Fort Wayne attorney suspended for unethical client recruitment
A Fort Wayne attorney previously disciplined for deceptive marketing practices has been suspended from the practice of law for nine months after he engaged in another unethical scheme to garner more clients.
Bill spurred by Nassar scandal concerns Catholic Church
A Michigan bill inspired by the Larry Nassar scandal that would retroactively extend the amount of time child victims of sexual abuse have to sue their abusers is drawing concerns from the Catholic Church, which has paid out billions of dollars to settle U.S. clergy abuse cases.
Michigan man gets probation in crash that killed Granger couple
A Michigan man who caused a crash that killed a northern Indiana couple has been sentenced to one year of probation.
State reaches settlement with Takata over defective airbags
Indiana Attorney General Curtis Hill announced a settlement Tuesday with TK Holdings Inc. — the U.S. subsidiary of Takata — over allegations that the company concealed deadly safety issues related to airbag systems installed in a wide variety of vehicles.
Delaware County to turn former middle school into new jail
County officials in east central Indiana have agreed to buy and repurpose a former middle school for a new jail.
Committee chairman kills divisive payday lending bill
The chairman on an Indiana Senate committee has killed a payday lending bill that was widely opposed by veterans’ advocates and faith groups — including the Indiana House Speaker’s own church — who said that it would have legalized lending at rates of up to 222 percent.
Opinions Feb. 27, 2018
Indiana Court of Appeals
Craig D. Severance and Catherine Severance v. The Pleasant View Homeowners Association, Inc.
29A02-1708-PL-1695
Civil plenary. Reverses the denial of Craig and Catherine Severance’s request for damages and the denial of the Pleasant View Homeowners Association, Inc.’s request for a permanent injunction against the Severances. Finds the Hamilton Superior Court’s judgment contained erroneous findings and conclusions that limited the issues available for its consideration. Remands for further proceedings.
Indiana joins new effort to end Obamacare
Indiana has joined a 20-state coalition in a renewed attempt to overturn the Affordable Care Act, arguing the changes to the individual mandate brought by the 2017 tax reform render the entire healthcare law unconstitutional.