ABA withdrawing approval for Indiana Tech Law School
Roughly four months after Indiana Tech closed its law school, the American Bar Association is poised to withdraw provisional accreditation of the legal education program.
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High court traveling to Evansville Monday
The Indiana Supreme Court will travel south Monday to hear oral arguments in Vanderburgh County in a case involving a student’s alleged bomb threat at an Indianapolis school.
Opinions Oct. 27, 2017
Indiana Court of Appeals
Tony Petrovski v. Robert Neiswinger
45A03-1706-CT-1412
Civil tort. Reverses the Lake Circuit Court dismissal of Tony Petrovski’s complaint after a car crash for failure to prosecute. Finds that under the unique facts of the case, including attorney Samuel G. Vazanellis’ “complete abdication of his duties,” dismissal was not warranted. Remands.
COA reinstates suit delayed due to lawyer’s ‘abdication’
Despite an almost two-year span with no action on a car-crash complaint, the Indiana Court of Appeals has ruled the plaintiff may move forward with the suit because the unique facts of the case do not warrant dismissal for failure to prosecute.
COA modifies delinquent adjudication to lesser offense
A teenage boy who threw a rock through a woman’s car window will retain his adjudication as a delinquent child, but the majority of the Indiana Court of Appeals ordered Friday that the evidence requires his adjudication to be based on a lesser offense.
New York defies feds’ ‘sanctuary cities’ order
New York City officials sent a letter to the U.S. Justice Department on Friday defying a directive intended to pressure the city into cooperating more with federal immigration enforcement efforts.
Sessions slams judges for thwarting Trump policies
The nation’s chief law enforcement officer on Thursday blasted federal judges who have thwarted or criticized Trump administration policies, accusing them of trying to veto the president’s decisions because they disagree with him politically.
Opinions Oct. 26, 2017
Indiana Court of Appeals
Matthew Edmonds v. State of Indiana
49A05-1703-CR-400
Criminal. Affirms Matthew Edmonds’ convictions of resisting law enforcement resulting in the death of another person as a Level 3 felony and leaving the scene of an accident as a Level 5 felony. Vacates Edmonds’ two lesser charges of resisting law enforcement and three lesser charges of leaving the scene of an accident. Finds Edmonds may be convicted of only one count of resisting law enforcement, as that is a conduct-based, rather than result-based, crime. Also finds the state provided sufficient evidence to support Edmonds’ conviction of resisting law enforcement resulting in the death of another person. Remands to the Marion Superior Court for resentencing.
Tipton woman faces neglect charge in infant’s daycare death
A Tipton woman faces a neglect charge in the death of an infant who was among 11 children she was caring for at her unlicensed daycare.
South Bend settles drowning death lawsuit for $12K
A family that accused South Bend of being negligent in their daughter’s drowning death has settled a lawsuit for $12,000.
Pharmacist in deadly meningitis outbreak cleared of murder
A pharmacist at a facility whose tainted drugs sparked a nationwide meningitis outbreak that killed 76 people in states including Indiana was cleared Wednesday of murder but was convicted of mail fraud and racketeering.
Court: Man deserves new trial because jurors slept
A man convicted of involuntary manslaughter should get a new trial because two jurors at his original trial slept during testimony, the highest court in Massachusetts said in a decision released Thursday.
Survey: Mental health increasingly a factor in divorces
Family law attorneys are encountering more mental health issues among the spouses and children going through a divorce, according to a recent survey by the American Academy of Matrimonial Lawyers.
COA tosses some fatal-chase convictions as double jeopardy
A man who fled police and killed one person and injured two others during a pursuit will only retain one conviction each of resisting law enforcement and leaving the scene of an accident after the Indiana Court of Appeals found his multiple convictions violated double jeopardy.
COA tosses some fatal-chase convictions as double jeopardy
A man who fled police and killed one person and injured two others during a pursuit will only retain one conviction each of resisting law enforcement and leaving the scene of an accident after the Indiana Court of Appeals found his multiple convictions violated double jeopardy.
Richmond Hill bombing mastermind’s conspiracy conviction affirmed
A mastermind of the deadly explosion in Indianapolis’ south side Richmond Hill neighborhood in November 2012 has once again lost an appeal of one of his many convictions, with the Indiana Court of Appeals on Thursday upholding his conviction of Class A felony conspiracy to commit murder.
Indianapolis attorney ordered back to Guantanamo Bay
Indianapolis attorney Richard Kammen, the lead defense attorney who represented the accused mastermind behind the bombing of the USS Cole, is being ordered to return to Guantanamo Bay after he and his co-counsel withdrew from the case over ethical concerns.
Opinions Oct. 25, 2017
Indiana Court of Appeals
Maimouna Coulibaly v. Eric Stevance
49A02-1702-DR-235
Domestic relation. Affirms the Marion Superior Court’s finding that it lacked jurisdiction to modify a child custody order issued in Mali in favor of Eric Stevance and against Maimouna Coulibaly. Finds Mali’s child custody laws do not violate fundamental human rights under the Uniform Child Custody Jurisdiction and Enforcement Act, so Indiana courts do not have jurisdiction to strike down the Malian custody order.
African mom in Indiana loses custody appeal to dad in Mali
An African woman currently living in Indiana must return her children to their father in Africa after the Indiana Court of Appeals found her home country’s custody laws do not violate fundamental human rights, so Indiana courts lack jurisdiction to strike down her African custody order.