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Messaglia named managing partner at Krieg DeVault

Michael Messaglia has been tapped to be the managing partner of Krieg DeVault LLP, where he began his legal career as an associate in 1993. He succeeds Deborah Daniels, who will remain with the firm as a partner. Daniels had served as managing partner since 2015.

Opinions Jan. 31, 2018

Indiana Court of Appeals
J.G. v. State of Indiana
49A02-1706-JV-1419
Juvenile. Affirms J.G.’s adjudication as a delinquent for dangerous possession of a firearm, a Class A misdemeanor if committed by an adult. Remands with instructions to vacate the true finding against J.G. of carrying a handgun without a license, a Class A misdemeanor if committed by an adult. Finds J.G.’s detention by police was constitutional and his confession to possessing the handgun was voluntary. Also finds the Marion Superior Court presumably disregarded inadmissible portions of an audio recording. Finally, finds the true finding for carrying a handgun without a license must be vacated on double jeopardy grounds.

Ex-trooper Camm’s $30 million lawsuit dismissed

A $30 million lawsuit brought by former Indiana State Police trooper David Camm was dismissed Monday by the U.S. District Court for the Southern District of Indiana in New Albany. Camm was twice convicted, but ultimately found not guilty of the murder of his wife and children in a third trial.

Citing intentional delay, COA tosses med-mal complaint

The Indiana Court of Appeals has affirmed the dismissal of a medical malpractice complaint after determining the plaintiff engaged in intentional conduct over six years that delayed the panel’s proceedings.

Divided COA reverses, remands paternity dispute

A Pike County paternity case involving a child’s legal and biological fathers will continue in trial court after the Indiana Court of Appeals determined the legal father was not entitled to judgment as a matter of law on the biological father’s paternity action.

Judge: Nassar’s abuse victims number 265

Larry Nassar appeared Wednesday in a Michigan courtroom for the start of his third and final sentencing hearing, and a judge said that 265 people have come forward to say they were abused by the disgraced former gymnastics doctor.

Brother of deadly house blast plotter says “good riddance”

The brother of the man authorities considered the mastermind behind a deadly 2012 Indianapolis house explosion said he has no sympathy over his death. Mark Leonard, who was serving a prison sentence of life without parole, died Tuesday.

Senate panel advances bill allowing more guns in church

An Indiana Senate panel has advanced a bill that would allow churches to let people to carry guns in more circumstances. The measure by Republican Sen. Jack Sandlin of Indianapolis was approved 5-2 Wednesday by the Senate Judiciary Committee.

Centier Bank denied rehearing, cautioned in fraud appeal

A bank that lost its appeal of a trial court judgment against it failed to advance its cause with a petition for the Indiana Court of Appeals to rehear its case. The court cited an intervening Indiana Supreme Court decision in opting to dismiss the bank’s appeal while also cautioning counsel for the tone of the bank’s arguments.

Taft moves to single-class partnership structure

Taft Stettinius & Hollister LLP announced Wednesday the firm has adopted a new one-class partnership structure. This move eliminates the two-tier system — equity and non-equity — that had been in place at the firm for more than a quarter-century.

Civil forfeiture reform bill passes Senate

A bill that would overhaul Indiana’s civil forfeiture framework has passed the Indiana Senate. The legislation is in response to a federal court ruling that struck down part of Indiana’s civil forfeiture statute as unconstitutional.

House explosion mastermind Mark Leonard dies in prison

Mark Leonard, the man convicted in the massive 2012 Indianapolis house explosion that killed two in the Richmond Hill subdivision, has died at the Wabash Valley Correctional Facility, a spokesman for the Indiana Department of Correction confirmed Tuesday.

Hate crime bill dies in Senate committee

Hate crime legislation has again failed in the Indiana Statehouse after Senate Republicans could not reach a consensus on what the bill should include.

Kiritsis film release set for anniversary of hostage crisis

“Dead Man’s Line,” a new documentary about the Feb. 8, 1977 kidnapping of Indianapolis mortgage broker Richard O. “Dick” Hall by Anthony G. “Tony” Kiritsis, is scheduled for release on the 41st anniversary of the event.

Opinions Jan. 30, 2018

7th Circuit Court of Appeals

Kristine Bunch v. United States of America
16-3775
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses the grant of summary judgment to the United States on Kristine Bunch’s claim under the Federal Tort Claims Act. Finds summary judgment was premature because the record was not fully developed enough to support the conclusion that the intentional-tort exception to the general waiver of immunity in the FTCA applied. Remands for further proceedings.

7th Circuit allows malicious prosecution case to proceed

A malicious prosecution case brought by a woman wrongly convicted of murdering her son will continue in district court after the 7th Circuit Court of Appeals overturned the grant of summary judgment to the United States government.