Senate backs bill to improve handling of rape evidence
A bill aimed at improving the way authorities handle sexual assault evidence has won Indiana Senate approval after an audit found more than 2,500 untested rape kits across the state.
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Prosecutor: No more charges for Nassar despite new reports
Michigan prosecutors aren't planning to bring additional sexual assault charges against imprisoned sports doctor Larry Nassar, even though abuse allegations are still being reported.
Opinions Feb. 7, 2018
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Terry Davis v. David Mason and Blake Thrasher
16-2707
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Vacates the district court’s grant of summary judgment in favor of prison guards David Mason and Blake Thrasher on Terry Davis’ claims they violated his Eighth Amendment rights. Finds the evidence in the summary judgment record does not clearly show Davis failed to exhaust available administrative remedies. Remands for further proceedings.
Taxpayers urged to beware of identity thieves
Some taxpayers may be in for a nasty surprise when they file their returns this year, officials say.
Suit from truck driver shot by Merrillville police proceeds
The town of Merrillville and one of its police officers lost their bid for summary judgment on a truck driver’s excessive force claim after a district court judge determined questions of fact exist as to whether the officer was justified in shooting the driver during an altercation.
Summary judgment vacated for prison officers accused of beating prisoner
The 7th Circuit Court of Appeals has vacated summary judgment for two correctional officers accused of attacking a prisoner unprovoked, determining the evidence could support the inference that the prisoner did all he could to exhaust his administrative remedies, yet was prevented from doing so.
COA reverses restitution for public transportation, pain and suffering
An Indiana trial court abused its discretion in ordering a man to pay restitution on the costs a woman incurred for having to take public transportation after he criminally damaged her car and the costs of her pain and suffering, the Indiana Court of Appeals has ruled.
Facebook defamation judgment may set precedent, Indiana lawyers say
Southern Indiana attorneys who won defamation damages over a defamatory Facebook post say the court’s monetary award appears to set a precedent as the first reported judgment of its kind in the nation.
Guatemalan man charged in crash that killed Colts linebacker
State and federal authorities have filed criminal charges against the Guatemalan man illegally living in Indiana who is suspected of driving the vehicle that struck and killed Indiana Colts linebacker Edwin Jackson and his Uber driver on Sunday morning.
Hill joins 10-state amicus brief in defense of police officers
Indiana Attorney General Curtis Hill has joined a 10-state amicus brief in a U.S. Supreme Court case he said could make police officers’ jobs more difficult.
NIU College of Law tosses out-of-state tuition
Starting with the fall semester 2018, Northern Illinois University College of Law will charge one flat tuition rate to all students regardless of whether they are residents of the state or not.
Indiana House passes bill to overhaul high school diplomas
The Indiana House on Monday approved a bill that would overhaul the types of high school diplomas offered to students.
Indiana House passes bill to overhaul high school diplomas
The Indiana House on Monday approved a bill that would overhaul the types of high school diplomas offered to students.
Opinions Feb. 6, 2018
Indiana Court of Appeals
Janet Freels v. James F. Koches and Sunset Builders, Inc.
91A02-1708-PL-1988
Civil plenary. Affirms the dismissal of Janet Freels’ complaint against James F. Koches and Sunset Builders, Inc. Declines Freels’ request to exempt small-claims proceedings from the doctrine of res judicata. Finds Freels’ additional claims should have been litigated in her first action. Also finds Freels’ second action is barred under the doctrine of claim preclusion.
COA upholds dismissal of claim against construction company
The Indiana Court of Appeals has upheld the dismissal of a White County woman’s fraud and damages claim against the construction company that built her home, finding the woman’s claims were barred by the doctrine of res judicata based upon an earlier small claims judgment.
Indiana Court Decisions — Jan. 17-31, 2018
Read Indiana appellate court decisions from the latest reporting period.
DTCI: Young Lawyer Spotlight — Patrick C. Thomas
Get to know a new member of the Defense Trial Counsel of Indiana.
COA: State can’t demand jury trials in misdemeanor cases
When prosecuting misdemeanor cases, the state does not have the right to demand a trial by jury, the Indiana Court of Appeals ruled in a Tuesday opinion upholding the denial of the state’s request for a jury trial in a misdemeanor case.
DTCI: My doctor is liable for how much?
As attorneys who practice frequently in the area of medical negligence, it is not uncommon to be presented with a case in which the plaintiff seeks damages under both the Medical Malpractice Act (MMA) and the Wrongful Death Act. This article describes how these statutes work together, how to apply the caps, and discusses when a provider can be responsible for paying more than the MMA cap.