7th Circuit correction: Make that ‘Indiana University’
The 7th Circuit Court of Appeals Wednesday corrected an opinion that twice errantly referred to the Hoosier institution of higher learning as “the University of Indiana.”
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Sheriff: Prisoners who once went to state creating problems
A sheriff says jail disturbances like one that injured three officers have become more common now that counties are housing prisoners that formerly went to the Indiana Department of Correction.
Holcomb ducks questions about Trump’s move to end DACA
Indiana Gov. Eric Holcomb ducked questions on Wednesday about whether he supports President Donald Trump's decision to phase out a program protecting immigrants brought to the U.S. illegally as children.
Ex-linebacker sues Notre Dame over spinal scan results
A former linebacker has filed a lawsuit against Notre Dame, claiming the university concealed the results of a spinal scan from him and that he has potentially permanent nerve damage to his neck.
High court affirms restitution order in auto theft
The Indiana Supreme Court has affirmed a restitution order of more than $5,000 against a woman convicted of stealing a vehicle, finding the trial court did not err in determining damage to the vehicle was caused by the theft and that the woman has or will have the ability to pay.
Criminal code reform review: Low-level felonies soar, jails feel brunt
The number of people serving time in local jails instead of the Department of Correction on low-level felony convictions rose 177 percent in the two years since Indiana’s criminal code reform took effect, and 28 percent more were people convicted of the new Level 6 felony compared to the prior Class D felony.
Senators grill Notre Dame law professor nominated for 7th Circuit
Testifying for nearly three hours before the Senate Judiciary Committee, Amy Coney Barrett learned that just as nothing truly disappears from the internet, law journal articles can be found, studied and used to question the thinking of a judicial nominee.
COA affirms life sentence for juvenile offender
After determining that a ban on mandatory life without parole sentences for juvenile offenders does not apply in situations in which the juvenile offender agreed to life without parole as part of a plea agreement, the Indiana Court of Appeals has affirmed a life sentence for one of only four Indiana juveniles ever to receive that sentence.
Summary judgment affirmed for Dearborn County in suit over services for jail project
An Indiana trial court properly granted judgment in favor of Dearborn County on breach of contract and unjust enrichment claims, the Indiana Court of Appeals ruled Wednesday, finding there was no enforceable contract on which to base those claims.
Opinions Sept. 6, 2017
Indiana Court of Appeals
Larry W. Newton, Jr. v. State of Indiana
18A05-1612-PC-2817
Post conviction. Affirms the denial of Larry W. Newton Jr.’s petition for post-conviction relief. Finds his sentence to life without parole is not unconstitutional under the Eighth Amendment.
Civil rights nominee faces scrutiny over past legal work
When a Muslim woman sued Abercrombie & Fitch claiming she had not been hired because she wore a head scarf, the clothing retailer tapped Washington labor lawyer Eric Dreiband to defend it.
Ryan sees compromise on immigration after Trump forces issue
House Speaker Paul Ryan said Wednesday he sees the possibility for compromise after President Donald Trump gave Congress six months to resolve the status of immigrants brought illegally to the country as children. And he called on Trump to work with the House to get there.
West Lafayette shop prevails in Tax Court over proposed assessments
The Indiana Tax Court has found in favor of West Lafayette shop owners in their appeal of the Department of State Revenue’s proposed assessments against them, finding the proposed assessments should have been based on evidence presented during an administrative protest.
Holcomb appoints Indianapolis attorney as Johnson Superior judge
Indiana Gov. Eric Holcomb has appointed an Indianapolis attorney with 30 years of experience to fill a vacancy on the Johnson County bench.
Judges weighing protective orders may take notice of other cases
Judges who check for other cases when petitioned for protective orders do not violate judicial canons that restrict ex parte communications or independently investigating facts, according to the Indiana Commission on Judicial Qualifications.
Retired Posner had significant impact on Indiana
With more than 30 years on the appellate bench, Judge Richard Posner of the 7th Circuit Court of Appeals has authored some important opinions about Indiana law. He wrote the majority opinions that allowed same-sex couples to marry, enabled Syrian refugees to immigrate and required voters to show identification before casting their ballots.
Tax Court denies exemptions to Plainfield lodge
A Hendricks County lodge that hosts both charitable and social events cannot qualify for tax exempt status because the organization that owns the lodge failed to prove it is a fraternal association or that the use of the lodge is for predominantly charitable purposes, the Indiana Tax Court has ruled.
COA affirms summary judgment for Keystone Construction on judicial estoppel grounds
A man who failed in his divorce agreement to claim an ownership interest in the Indianapolis company he worked for is now judicially estopped from asserting that interest in a lawsuit, the Indiana Court of Appeals has ruled.
Convictions, sentence affirmed for father who had sexual relationship with teenage daughter
A Harrison County father convicted of having a sexual relationship with his teenage daughter will remain in prison for the rest of his 111-year sentence after the Indiana Court of Appeals affirmed his 25 convictions and related sentence on Tuesday.
Marion attorney suspended for 3 years without automatic reinstatement
A Marion attorney who failed to communicate with multiple clients and failed to cooperate with an Indiana Supreme Court Disciplinary Commission investigation has been suspended from the practice of law for three years without automatic reinstatement.