COA upholds classification of ‘high-hazard dam’
A Grant County couple must inspect and repair their self-constructed dam after the Indiana Court of Appeals upheld a Department of Natural Resources classification of the dam as “high-hazard.”
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Judge ends ‘Tiger Baby Playtime’, halts cub declawing
A federal judge Monday shut down a southern Indiana attraction’s public encounters with tiger cubs. The judge also halted the declawing of tiger cubs and separating them from their mothers so they could be used in “Tiger Baby Playtime” events where people pay to mingle with declawed big cat cubs.
COA upholds Kentucky man’s conviction for killing Indiana teen
A Kentucky man convicted in the shooting death of an Indiana teen lost his appeal of his murder conviction after the Indiana Court of Appeals found sufficient, properly obtained evidence to support his conviction.
Conviction upheld against man who disrupted prosecutor’s office
A man who was convicted of trespassing after he refused to leave the Clay County Prosecutor’s Office until his traffic tickets were dismissed lost an appeal Tuesday.
Supreme Court upholds DOC’s lethal injection protocols
The Indiana Department of Correction can alter its lethal injection protocols without going through a rule-making process because such protocols are internal procedures without the effect of law, the Indiana Supreme Court ruled in a decision affirming the dismissal of a death row inmate’s challenge to Indiana’s lethal injection cocktail.
Senate panel advances bill to narrowly define out-of-state felonies
A bill that would more narrowly define how out-of-state felonies are treated in Indiana sentencing matters passed its first hurdle in the Indiana Senate.
Hill files complaint after body found in bug-infested retirement home
The discovery last year of the cockroach-covered body of an Indianapolis retirement home resident was the impetus for an administrative complaint against the health facility administrator by Indiana Attorney General Curtis Hill.
7th Circuit upholds $87,000 verdict against insurer after house fire
An insurance company must pay $87,000 in damages to an Indiana homeowner whose house burned to the ground after the 7th Circuit Court of Appeals determined there was sufficient evidence to support the jury’s damages award.
Sex offender statute to come before Supreme Court
A sex offender convicted in 2010 must make his case to the Indiana Supreme Court as to why a 2015 law should not bar him from attending his son’s school events after the high court granted the state’s petition to transfer the case last week.
Former ND law clinic employee pleads guilty to 11 felonies
The former employee of the University of Notre Dame who was charged with taking nearly $200,000 from the law school’s Clinical Law Center will plead guilty plea and faces up to five years in prison.
Opinions Feb. 12, 2018
7th Circuit Court of Appeals
Vexol, S.A. de C.V. and Sergio Torreblanca Lopez v. Berry Plastics Corporation
17-2164
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Tanya Walton Pratt.
Civil. Affirms the district court’s dismissal of Vexol, S.A. de C.V. and Sergio Torreblanca Lopez’s business tort claims under Mexican law. Denies Berry Plastics Corporation’s motion for sanctions against Vexol. Finds Vexol failed to allege any wrongdoing in Mexico by Berry. Also finds the district court did not err in denying Vexol’s motion to file a third amended complaint. Finally, finds Berry failed to file a separate motion for sanctions, as is required under Federal Rule of Appellate Procedure 38.
Trump makes two nominations to 7th Circuit bench
President Donald Trump has nominated two Illinois legal professionals with experience in government litigation for judgeships on the 7th Circuit Court of Appeals.
Lafayette attorney indefinitely suspended for non-cooperation
A Lafayette attorney has been indefinitely suspended from the practice of law in Indiana after failing to cooperate with a disciplinary grievance against her. Cynthia L. Garwood was previously suspended in September 2017 for failing to respond to a show cause order.
Holcomb appoints 2 women to judgeships
In his first judicial appointments of 2018, Gov. Eric Holcomb has tapped two attorneys with prosecutorial experience to serve as superior court judges in Elkhart and Tippecanoe counties.
Public health expert to speak at annual IU McKinney award lecture
Scott Burris, a noted expert in public health law, will speak Friday at Indiana University Robert H. McKinney School of Law’s annual McDonald-Merrill-Ketcham Award Lecture.
7th Circuit affirms dismissal of Mexican complaints against Indiana company
The 7th Circuit Court of Appeals has upheld the dismissal of a Mexican company’s fraud claims against an Indiana-based Fortune 500 company, finding the Mexican entity failed to allege the company, rather than its Mexican subsidiary, committed any wrongs.
COA: Burglary victim met definition of ‘unavailable’ at trial
Multiple felony burglary convictions have been upheld against a Tippecanoe County man after the Indiana Court of Appeals found the trial court did not err in admitting a victim’s video deposition as evidence during trial.
COA upholds denial of motion to set aside paternity
A legal father seeking to set aside paternity of his two non-biological children has lost his appeal to the Indiana Court of Appeals, which found the father failed to meet the legal requirements for paternity rescission.
A look at the fallout from the Nassar scandal
Numerous people have been fired or forced out of jobs in the wake of the widening scandal involving once-renowned gymnastics doctor Larry Nassar, who has been ordered to serve decades in prison for molesting some of the sport’s top athletes and others as well as child pornography crimes.
Indiana legislative session at halftime: what lives or died
Indiana lawmakers have reached halftime in this year’s legislative session, which has been marked more by plans deferred and legislation killed than major accomplishments.