No Hoosiers in recent round of judicial nominees
Of the 11 nominees tapped Thursday by the White House to fill vacancies on federal district courts, none were for the open seats in Indiana.
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Opinions July 14, 2017
Indiana Court of Appeals
Louis Bell v. State of Indiana
49A05-1606-CR-1390
Criminal. Affirms Louis Bell’s convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony possession of a narcotic drug, Level 5 felony possession of cocaine, Class B misdemeanor possession of marijuana and Class C misdemeanor possession of paraphernalia. Finds Officer Justin Gough had reasonable suspicion to stop Bell due to the nighttime traffic violation created by the lack of lights on the bicycle. Also finds that once stopped, neither Bell’s Fourth Amendment nor Article 1, Section 11 rights were violated by the pat-down search. Finally, finds the Marion Superior Court did not abuse its discretion in the admission of evidence. Judge Margaret Robb dissents with separate opinion.
COA affirms termination of mother’s parental rights
The Indiana Court of Appeals has affirmed the termination of a mother’s parental rights to her daughter after finding the mother failed to prove the trial court erred in the calculation of the time the child had been removed from her parents’ home.
Divided COA: Pat-down search did not violate rights
A divided panel of the Indiana Court of Appeals has affirmed a man’s felony and misdemeanor drug and firearm charges after finding the officer who arrested the man did not violate his constitutional rights by stopping him or conducting a pat-down search.
Trial delayed over newborn’s death in college dorm bathtub
An Elkhart woman’s trial on charges of murder and neglect related to her newborn son’s death has been postponed until next year.
Couple found with 111 cats in home pleads guilty to neglect
A central Indiana couple who lived in a house with 111 cats pleaded guilty to child neglect charges but avoided any jail time.
State Sen. Glick gets probationary deal in attorney discipline case
A northern Indiana state senator who was accused of mishandling 22 estate cases — including several open cases that are decades old — will not be suspended from the practice of law if she abides by conditions imposed by the Indiana Supreme Court.
Man acquitted of murder in Lafayette art teacher’s slaying
A man accused of killing a Lafayette elementary school art teacher has been acquitted of murder and other charges.
Fired lab worker loses discrimination appeal
The 7th Circuit Court of Appeals has affirmed summary judgment for an Indiana laboratory after finding a former employee failed to prove his employment termination was based on his age and his filing of two claims with the Equal Employment Opportunity Commission.
Opinions July 13, 2017
7th Circuit Court of Appeals
Gary Jet Center, Inc. v. AFCO AvPorts Management LLC, et al.
16-1233
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms the dismissal of Gary Jet Center Inc.’s claim alleging violation of the Contracts Clause of the U.S. Constitution. Finds legislative power was not used to deny Gary Jet’s remedy for breach of a 2007 lease.
Trump tests legal limits by delaying dozens of Obama’s rules
It typically takes years for presidents to kill federal regulations they dislike, but Donald Trump has found a shortcut: He’s just putting them on long-term hold.
US hits 50,000 refugee cap, but some others still allowed in
The U.S. has reached the Trump administration's limit of 50,000 refugees for this budget year. That won't stop some additional refugees from entering the United States in the next few months, but they will now face tighter standards.
7th Circuit sends contractual claims back to state court
A fixed based operator stationed at the Gary/Chicago International Airport must pursue its contractual claims against the airport authority in state court, as the FBO failed to present a constitutional claim that could be considered in federal court, the 7th Circuit Court of Appeals ruled Thursday.
Lawsuit seeks to block Indiana voter data from Trump panel
Two groups are suing the Indiana secretary of state's office in an effort to block the release of voter data requested by a White House commission investigating President Donald Trump's allegations of widespread voter fraud.
7th Circuit vacates plea, reverses 15-year sentence for illegal possession of a firearm
An Indiana man’s 15-year sentence for possession of a firearm in violation of the Armed Career Criminal Act has been reversed after the 7th Circuit Court of Appeals determined one of the man’s prior convictions did not constitute a violent felony and, thus, did not qualify him for a sentence above the 10-year statutory maximum.
Supreme Court remands attempted murder case for reconsideration
A Bloomfield man convicted of felony attempted murder will not get a new trial after the Indiana Supreme Court decided his case instead warranted reconsideration by trial court.
15 in Indiana face Medicaid fraud indictments topping $1M
Fifteen people around Indiana have been indicted on Medicaid fraud-related charges, Attorney General Curtis Hill’s office announced Thursday, as part of a national crackdown involving state and federal agencies. The indictments alleged more than $1 million in fraud to Medicaid resulting from illegal activities from false billing and prescription abuses to money laundering.
ABA committee to consider gender identity protections, additional school locations
The Standards Review Committee of the American Bar Association’s Section of Legal Education and Admissions to the Bar will consider adding protections based on gender identity and ethnicity to existing rules at its Saturday meeting in Chicago.
FBI nominee says Trump-Russia probe is no ‘witch hunt’
Breaking with the president, the lawyer Donald Trump picked to lead the FBI declared Wednesday that he does not believe a special counsel investigation into possible coordination between Russia and the Trump election campaign is a "witch hunt."
Opinions July 12, 2017
Indiana Court of Appeals
James E. Saylor v. State of Indiana
39A01-1701-MI-90
Miscellaneous. Affirms the Jefferson Circuit Court’s order granting the state’s motion for judgment on the pleadings. Finds the trial court did not err in ruling on state’s Rule 12(C) motion without an evidentiary hearing. Also finds there is no error in the state’s order granting the motion for judgment on the pleadings. Finally, finds it is clear from the face of James E. Saylor’s complaint that under no circumstances could the relief he sought be granted.