COA affirms theft-related convictions, sentence
The Indiana Court of Appeals has affirmed a Cass County man’s multiple theft-related felonies and related sentence after finding sufficient evidence supported those convictions.
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Opinions Nov. 16, 2017
Indiana Court of Appeals
Kenny Purvis v. State of Indiana
09A02-1702-CR-454
Criminal. Affirms Kenny Purvis’ convictions for Level 6 felony theft, Level 6 felony conspiracy to commit theft and Level 5 felony corrupt business influence. Finds the evidence is sufficient to support Purvis’ convictions. Also finds Purvis’ sentence to an aggregate term of 12 years’ imprisonment is not inappropriate.
Ohio calls off execution after failing to find inmate’s vein
Ohio called off the execution of an ailing 69-year-old killer Wednesday after the executioners couldn’t find a vein to insert the IV that delivers the lethal drugs.
IMPD officer accused of shotgun confrontation must face civil suit
An Indianapolis police officer accused of threatening two people with a shotgun in the parking lot of an apartment complex where he doubled as a security guard must face a trial on one of the alleged victims’ civil-rights complaint, a federal judge has ruled.
Rep. Brooks predicts Congress will keep civil legal aid funding at current level
Indiana Congresswoman Susan Brooks expects Capitol Hill will continue to fund civil legal aid at current levels despite a call earlier this year from the Trump Administration to cut all such funding.
Trial court must revisit adoption petition that was already granted
An Indiana trial court that has already granted the petition to adopt a Vanderburgh County child must revisit the adoption proceedings after the Indiana Court of Appeals determined the court erroneously concluded the father’s consent to the adoption was implied.
COA affirms worker’s comp award, remands for 5 percent increase
The Indiana Worker’s Compensation Board properly included a warehouse supervisor’s two bonuses in its calculation of his average weekly wages because those bonuses were awarded within the 52-week period preceding the injury, a timeframe established by statute, the Indiana Court of Appeals has ruled. The appellate court also remanded the worker’s comp case for an increase in the supervisor’s award.
Documents: US Steel sought to keep chemical spill secret
Environmentalists are questioning why the public wasn’t notified about an October chemical spill into a Lake Michigan tributary that U.S. Steel asked Indiana regulators to keep confidential.
Judge reviews claims of neck slashing gesture at FIFA trial
A New York judge has been reviewing prosecutors’ claims that a former South American soccer official motioned across his neck in a slashing motion as its star witnesses testified at his bribery trial.
Who created Game of Life? Court aims to find out
Testimony is scheduled to begin Thursday in federal court in Los Angeles in a lawsuit over who owns the rights to one of the most popular board games of all time.
Federal ‘extreme vetting’ plan castigated by tech experts
Leading researchers castigated a federal plan that would use artificial intelligence methods to scrutinize immigrants and visa applicants, saying it is unworkable as written and likely to be “inaccurate and biased” if deployed.
Michigan doctor expected to change plea in sex assault cases
A former Michigan State University and USA Gymnastics doctor accused of molesting girls under the guise of medical treatment at his home, a campus clinic and a youth gymnastics club is expected to change his not-guilty pleas in a bid to close the state’s criminal cases against him. Online court records show change-of-plea hearings for […]
Ex-UNC player’s estate sues ACC, NCAA over concussions
Representatives of a former North Carolina football player’s estate are suing the Atlantic Coast Conference and the Indianapolis-based NCAA, saying they ignored the dangers of concussions and it led to Ryan Hoffman’s death.
Judge sides with Philadelphia in ‘sanctuary cities’ case
A federal judge in Philadelphia on Wednesday blocked the U.S. government from withholding a major grant that pays for public safety equipment because Philadelphia is a “sanctuary city.”
Opinions Nov. 15, 2017
Indiana Court of Appeals
George A. Buskirk v. Maureen Buskirk
06A01-1610-DR-2296
Domestic relation. Reverses the Boone Circuit Court’s order finding a postnuptial agreement unenforceable and ordering that George A. Buskirk pay Maureen Buskirk maintenance and her attorney fees. Finds the agreement was entered into as a reconciliation agreement, was made with valid consideration, set forth the parties’ intent to waive any rights to property of the other and is enforceable.
Bankruptcy court enters three general orders
The Southern Indiana District Bankruptcy Court has adopted three new general orders that amend local rules, forms and fee schedules.
COA rules woman cannot receive maintenance, attorney fees from ex-husband
A Boone county woman cannot recover attorney fees and maintenance from her ex-husband after the Indiana Court of Appeals determined the postnuptial agreement they entered into 40 years ago waived her right to such recovery.
State pays $1.2M to settle suit over DCS search of vet’s office
The state of Indiana will pay an Indianapolis veterinarian $1.2 million to settle a lawsuit she filed claiming a Department of Child Services case manager conducted an illegal search of her office then posted a notice falsely informing her that her children had been removed from her home.
Anderson man allegedly claimed he worked for Pence security
An Anderson man faces charges alleging that he claimed to be an undercover agent working for Vice President Mike Pence’s security detail while threatening a hospital executive.
Head of alcohol commission ‘bothered’ by lobbyist booze deal
The chairwoman of an Indianapolis commission reviewing Indiana’s antiquated alcohol laws said Tuesday that she was troubled by the actions of two powerful lobbying groups that recently announced a deal which they claim will lead to the elimination of a retail Sunday alcohol sales ban.