Michigan man sentenced for nearly $1M Indiana fraud scheme
A Michigan man has been sentenced to 7-1/2 years in prison for a fraud scheme in which authorities say he stole nearly $1 million from people investing in his Indianapolis-based business.
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Fraternity appeals school’s decision after hazing probe
A fraternity at the University of Southern Indiana is appealing the school’s decision to withdraw recognition of the organization’s chapter following hazing and alcohol violations.
COA hears challenge to Johnson County public defender system
As a statewide task force begins the process of analyzing deficiencies in Indiana’s indigent defense services, a group of Johnson County criminal defendants sought to keep alive a lawsuit against their court-appointed public defenders. The defendants Thursday urged the Indiana Court of Appeals to reinstate their suit alleging ineffective assistance of counsel before their cases have concluded.
Opinions Dec. 8, 2017
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. John D. Gries and James McCullars
15-2432, -2447
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Grants petition for panel rehearing for the purpose of withdrawing and replacing the original Sept. 20 opinion. Finds the original opinion contained an error in remand instructions. Denies the petition for rehearing in all other respects, and denies the petition for rehearing en banc.
Civil Rights Commission’s $96K discrimination award upheld
The Indiana Court of Appeals has upheld a nearly $100,000 judgment in favor of a black man who claims he was subject to discriminatory practices by his former employer after ruling the Indiana Civil Rights Commission’s finding in favor of the man was not invalid or void.
COA vacates carrying a handgun without a license adjudication
A juvenile adjudicated as a delinquent for two handgun-related offenses will have one of those adjudications vacated after the Indiana Court of Appeals found a lack of statutory authority to support the adjudication.
Charitable exemption for Starke County nonprofit upheld
A Starke County mental health non-profit was properly awarded a partial charitable exemption on its real property because the nonprofit provides a public benefit and lessens the government’s burden of addressing mental health issues, the Indiana Tax Court ruled Friday.
Justices to decide if sex offender’s internet restriction unconstitutional
After being convicted of incest with his teenage niece, a Tippecanoe County man’s sentence contained several probation conditions, including a prohibition on accessing websites “frequented by children” and a prohibition on internet use without prior approval. Those conditions are the subject of an appeal now under review by the Indiana Supreme Court, which will decide whether the conditions, as applied, are unconstitutional.
7th Circuit gives new remand instructions on petition for rehearing
After withdrawing a September opinion to correct an error in remand instructions, a panel of the 7th Circuit Court of Appeals has once again ordered a district court judge to partially vacate two men’s child pornography convictions in order to correct a double jeopardy violation.
Justices to decide if med-mal case must be dismissed on free speech grounds
The future of a medical malpractice complaint against a doctor who reported suspected child abuse in her patient will be decided by the justices of the Indiana Supreme Court, who must determine whether the doctor’s report was protected by an Indiana free speech statute.
Opinions Dec. 7, 2017
The following opinion was posted after IL deadline Wednesday.
Indiana Supreme Court
In the Matter of: Richard S. Mossler
29S00-1704-DI-203
Disciplinary. Suspends Richard S. Mossler from the practice of law in Indiana for at least six months without automatic reinstatement. Finds Mossler engaged in attorney misconduct arising from his professional relationship with an out-of-state corporation.
Opinions Dec. 7, 2017
The following opinion was posted after IL deadline Wednesday.
Indiana Supreme Court
White House: Trump Jr. citing lawyer-client privilege legitimate
The White House said Thursday it believes President Donald Trump’s eldest son had a “legitimate reason” in citing attorney-client privilege to avoid answering questions to Congress about conversations with his father.
Huntington judge faces sex-based harassment suit
A longtime judge in Huntington County at the center of a separate recent controversy has been sued by a county employee who alleges she was the victim of the judge’s “campaign of sex-based harassment, discrimination, and retaliation” that “created a hostile and oppressive workplace environment.”
COA: Moving account to new brokerage doesn’t change bequest
The Indiana Court of Appeals on Thursday rejected a widow’s appeal that sought to declare her late husband’s investment account extinct because it had been moved to a new brokerage, but the move had not been amended in his will.
Michigan doctor gets 60-year prison sentence for child porn
An elite Michigan sports doctor who possessed child pornography and assaulted gymnasts was sentenced Thursday to 60 years in federal prison in one of three criminal cases that ensure he will never be free again.
Portage officials mull suing US Steel
Officials of a northern Indiana city have condemned U.S. Steel’s silence over an October spill of a potentially carcinogenic chemical into a Lake Michigan tributary.
Man convicted in shootings at 2 Indianapolis police offices
A man has been convicted in shootings last year at two Indianapolis police district offices.
Lawsuit: Gary’s ordinance violates ‘sanctuary city’ ban
An influential conservative lawyer is suing a northwestern Indiana city for allegedly violating the state’s ban on so-called sanctuary cities with its “welcoming city” ordinance approved earlier this year.
Gov. Holcomb files appeal in Bloomington annexation dispute
Gov. Eric Holcomb is turning to the Indiana Court of Appeals after the Monroe Circuit Court denied the governor’s motion to dismiss a lawsuit filed by the city of Bloomington over an annexation dispute. Special Judge Frank Nardi issued a stay Dec. 4 on further court proceedings pending an interlocutory review.