Franklin attorney suspended for OWI
A Franklin attorney who came to court under the influence and was later arrested for driving while intoxicated has been suspended from the practice of law in Indiana for at least one year.
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Federal courts open during government shutdown
With Congress failing to pass a budget measure by the deadline of midnight Saturday, and the federal government beginning the workweek amid a shutdown, federal judiciary officials sought to assure the public they are still open – for now.
Opinions Jan. 19, 2018
Indiana Supreme Court
L.G. v. S.L., et al.
18S-AD-32
Adoption. Grants transfer for the limited purpose of vacating the section of the Indiana Court of Appeals opinion addressing whether the trial court judge should recuse himself on remand. Summarily affirms the remainder of the opinion. Finds a trial court judge is not required to recuse himself from a case solely because counsel for one of the parties served as a professional reference and wrote a recommendation letter in support of a judge’s application for another judicial role. Also finds that under the facts and circumstances of this case, the trial court judge is not required to recuse himself on remand. Remands for further proceedings. Justice Geoffrey Slaughter did not participate.
Supreme Court: Recusal not required though attorney was reference for judge
Though an attorney who served as a reference for his application to the Indiana Supreme Court served as counsel for an adoption case in his court, a Hamilton County judge was not required to recuse himself because of that relationship, the Indiana Supreme Court has ruled.
COA upholds denial of habeas petition for parole revocation
The Indiana Court of Appeals has upheld the denial of an Indiana man’s habeas petition, finding the man was legally considered to be on parole at the time of his subsequent offenses, making his parole revocation appropriate.
Gorka was subject of arrest warrant at White House
Hungarian police had an arrest warrant open for Sebastian Gorka during the eight months he spent as a national security aide to U.S. President Donald Trump.
NCAA scores victory in trademark infringement case
A Las Vegas-based fantasy sports sweepstakes company can no longer use the phrases “Final 3” and “April Madness” in its events related to the NCAA Division I Men’s Basketball Championship after a district court judge granted the NCAA’s request for a permanent injunction in a trademark infringement case.
Senate defeats amendment allowing full-day Sunday sales
The Indiana Senate has defeated an amendment that would have allowed for Sunday sales nearly all day in Indiana.
Trademark dispute between Splenda, Applebees and IHOP to continue
A trademark dispute between the owners of the Splenda sweetener brand and the Applebee’s and IHOP franchises will continue after a district court judge denied the restaurants’ motion to dismiss on Thursday.
Elkhart denies wrongful conviction amid Cooper lawsuit
A northern Indiana city is maintaining the guilt of a Chicago man convicted in a 1996 shooting after the man filed a lawsuit following his pardon.
10 to be interviewed for Allen County judgeship
The Allen Superior Court Judicial Nominating Commission will begin interviews next week with candidates who have applied to fill an upcoming vacancy in the court’s Family Relations Division. The commission will narrow the list of candidates vying to succeed Judge Daniel G. Heath when he retires next month.
Opinions Jan. 18, 2018
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Jessica McCain v. State of Indiana
18S-CR-26
Criminal. Grants transfer and affirms Jessica McCain’s sentence of 40 years, with 38 years executed and two years suspended to probation, for her conviction of Level 1 felony child molesting. Finds the judgment imposed by the Tippecanoe Superior Court is not inappropriate. Justice Geoffrey Slaughter votes to deny transfer.
IMPD excessive force claim proceeds to trial
The City of Indianapolis has lost its summary judgment argument on an excessive force claim after a district court judge determined genuine issues of material fact exist as to whether the city’s policies led two police officers to use excessive force against a veteran.
Ex-northwestern Indiana sheriff gets 15 years in prison
A former northwestern Indiana sheriff was sentenced Tuesday to more than 15 years in prison on convictions of accepting tens of thousands of dollars in bribes from towing businesses. A federal judge ordered the roughly 15½-year sentence for John Buncich, who was removed from office as Lake County sheriff after a jury convicted him in August of bribery and wire fraud.
Coalition denounces proposed ICE detention center in Elkhart
Opponents are stepping up efforts to stop a proposed U.S. Immigration and Customs Enforcement facility in northern Indiana ahead of a county rezoning decision.
Child support dispute remanded for recalculation of incomes
A child support dispute between two Wabash County parents will return to the trial court on remand after the Indiana Court of Appeals found errors in the lower court’s computation of both parties’ incomes.
Mother’s 40-year sentence for molesting son upheld
A Tippecanoe County mother who pleaded guilty to molesting her infant son will serve out her 40-year sentence after the Indiana Supreme Court granted transfer to her case and affirmed her sentence Wednesday.
Indianapolis chief makes case for witness protection program
The Indianapolis police chief says a witness protection program is needed to help prosecute violent crime.
Indiana Senate panel votes against expanded cold beer sales
Indiana will likely remain the only state that restricts who can sell cold beer after a Senate panel voted Wednesday to uphold a closely guarded law that protects the interests of liquor stores.
COA: Doctor’s CHINS testimony falls within hearsay exception
Testimony from a physician which supported the state’s effort to adjudicate six minor siblings as children in need of services was allowed under the hearsay exception, the Indiana Court of Appeals has ruled.