Class action granted in Pulaski courthouse ADA suit
A federal judge has certified a class action in an Americans With Disabilities Act lawsuit alleging the Pulaski County courthouse in Winamac is not accessible to people with disabilities.
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Opinions Sept. 12, 2017
Indiana Court of Appeals
In re: the Matter of the Involuntary Termination of the Parent-Child Relationship of C.L., a Minor Child and his Father, C.H., C.H. v. Marion County Department of Child Services (mem. dec.)
49A02-1703-JT-566
Juvenile. Affirms the termination of father C.H.’s parental rights to his son, C.L., finding the evidence sufficient to support the termination.
Judge’s order calls out lawyer who accused magistrate judge of bias
An Indianapolis lawyer representing a disabled former student in a lawsuit against Rose-Hulman Institute of Technology was referred for a refresher course on legal ethics by a federal judge.
Suicide of teen who made sex video shows dilemma for schools
The suicide of an honor-roll student underscored a dilemma for schools when confronting students suspected of recording and sharing sexual images: Should school officials wait until parents arrive to pose questions and search cellphones for illicit photos or video? Or do they, as de facto parents, have the authority to investigate crimes that might include child pornography?
Trump officials temper expectations for 15 percent corporate tax rate
Two top Trump administration officials said it may not be possible for President Donald Trump to deliver on his plan to cut corporate tax rates to 15 percent.
Ruling against wrongly detained drug court participants appealed
Eighteen people who sued after they were jailed without due process while participating in the Clark County Drug Court program have appealed summary judgment against them in their civil rights lawsuit against officials who formerly oversaw the program.
October trial set for man accused of killing college student
A southern Indiana judge has set an October trial for a man accused of killing a college student who was his ex-girlfriend.
Justice Kennedy temporarily restores Trump’s refugee ban
A U.S. Supreme Court justice issued a short-term order restoring President Donald Trump’s ban on thousands of refugees seeking entry to the country.
Indiana officials consider ridding of handgun carry licenses
Indiana police officials say a proposal to eliminate the state's handgun carry license requirement for civilians could result in a loss of revenue.
Woman convicted in boy’s death appeals to Indiana high court
A northern Indiana woman wants the state Supreme Court to review her conviction in the 2014 death of a toddler she was babysitting.
Notre Dame president troubled by questioning of Barrett
The president of the University of Notre Dame is defending Amy Coney Barrett’s nomination to the 7th Circuit Court of Appeals following a congressional hearing where senators on both sides of the aisle questioned whether she would follow legal precedent or her own beliefs.
Opinions Sept. 11, 2017
Indiana Court of Appeals
Shannon D. Moyer v. State of Indiana
79A04-1703-CR-477
Criminal. Affirms Shannon D. Moyer’s sentence to an aggregate term of 20 years for his convictions of three felony offenses and a habitual offender count. Finds the Tippecanoe Superior Court did not abuse its discretion in its treatment of aggravating and mitigating factors during sentencing. Finally, finds Moyer’s sentence is not inappropriate. Remands for an adjustment to Moyer’s jail time-credit.
High court agrees to decide future of Indiana’s death penalty
The Indiana Supreme Court will decide whether the state’s method of carrying out the death penalty can stand after the justices agreed to hold oral arguments in an appeal of the Indiana Court of Appeals ruling that voided the current death penalty protocol.
Court upholds jury verdict for 8 fired Anderson workers
Eight fired city of Anderson employees who won a $731,994 damages award after a jury trial successfully rebuffed the former mayor’s request for judgment overturning the verdict or a new trial.
COA affirms 20-year sentence for man convicted of firearm, drug felonies
The Indiana Court of Appeals has affirmed a 20-year sentence imposed on a man convicted of illegally possessing a firearm and driving children in car while under the influence of various drugs, finding the trial court did not abuse its discretion in considering aggravators and that the sentence is not inappropriate.
Equifax’s insurance is said likely inadequate against breach
Equifax Inc.’s insurance against cyber breaches is likely inadequate to cover the credit-reporting company’s costs tied to one of the biggest hacks in history, according to people familiar with the coverage.
Delayed Minnesota lawsuit against Syngenta heads to trial
A test lawsuit goes to trial in Minneapolis Monday against Swiss agribusiness giant Syngenta for introducing a genetically-engineered corn variety before China approved it for imports.
IDEM may ditch newspaper ads for online notices
Indiana may stop buying newspaper advertising to announce air pollution permits sought by businesses and industry and rely instead on online notices.
EPA urged to expand testing around South Bend Superfund site
South Bend residents who live near a former hazardous waste dump want federal officials to expand their planned soil testing around homes in the northern Indiana city.
Court blocks Seattle law letting Uber, Lyft drivers unionize
A federal appeals court has temporarily blocked Seattle’s first-in-the-nation law allowing drivers of ride-hailing companies such as Uber and Lyft to unionize over pay and working conditions.