Trial court judge returning to bench after Guantanamo Bay deployment
An Indiana trial court judge who has spent the last year serving at Guantanamo Bay will return to his post in the Hoosier state this month.
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Right to use HHGregg’s name and other intellectual property fetches just $400,000
Failed retailer HHGregg Inc., which racked up more than $2 billion in annual revenue prior to landing in bankruptcy this March, has sold its name and other intellectual property rights for a mere $400,000.
Indiana joins amicus brief defending Congressional Review Act
Indiana Attorney General Curtis Hill has added his name to a list of 14 state attorneys general voicing their support for the Congressional Review Act, saying the act protects the sovereignty of the states and provides them with a mechanism for relief from federal agency overreach.
Court declines to rehear sex orientation discrimination case
A federal appeals court has declined to reconsider its own ruling that employers aren't prohibited from discriminating against employees because of sexual orientation.
Lawyer in gay marriage case joins Indiana congressional race
An attorney who led the lawsuit that overturned Kentucky's gay marriage ban wants the Democratic nomination to challenge first-term Republican U.S. Rep. Trey Hollingsworth for his southern Indiana seat in 2018.
Opinions July 6, 2017
7th Circuit Court of Appeals
United States of America v. Jason Perry
16-1535
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division.
Judge Richard L. Young.
Criminal. Affirms the enhancement of Jason Perry’s sentence to 360 months’ imprisonment for two counts of being a felon in possession of a firearm and ammunition after the district court found three of his prior felonies qualified as violent felonies under the Armed Career Criminal Act. Finds Perry has not identified cases in which an Indiana court has affirmed a burglary conviction for acts inconsistent with the generic offense of burglary. Also finds Perry’s conduct supports his two separate counts.
7th Circuit: Indiana burglary is predicate offense under Armed Career Criminal Act
An Indiana district court judge properly enhanced a man’s sentence following his convictions of being a felon in possession of a firearm and ammunition because the man’s two prior felony convictions of robbery in Indiana qualify as predicate offenses under the Armed Career Criminal Act, the 7th Circuit Court of Appeals ruled Thursday.
Man who mailed death threats to federal judges gets 7 years
A man who admitted mailing death threats to three federal judges in Kansas City, Missouri, while imprisoned in Indiana has been sentenced to seven years behind bars without parole.
Milhaus victorious in fight to develop $23M Meridian-Kessler apartment project
Milhaus Development LLC has won a major victory in its quest to build a $23 million apartment and retail project along North College Avenue in the Meridian-Kessler neighborhood.
States sue over EPA’s decision to keep Dow Agro pesticide on market
Several states are seeking to join a legal challenge to a Trump administration decision to keep a widely used pesticide sold by Indianapolis-based Dow AgroSciences on the market, despite studies showing it can harm children's brains.
Appellate court affirms murder conviction in Indianapolis shooting
A man’s felony murder conviction, stemming from a shooting he was involved in when he was 17 years old, will stand after the Indiana Court of Appeals found Thursday the trial court did not err in excluding evidence or in considering testimony.
COA reaffirms denial of summary judgment to landowners in failed real estate deal
After granting a petition for rehearing to address — and ultimately reject — an argument over the contract in a real estate case, the Indiana Court of Appeals reaffirmed Thursday the denial of summary judgment to northern Indiana landowners who misrepresented property to a potential buyer.
Insanity defense planned for Indiana mom in fatal stabbings
An insanity defense is planned for a central Indiana woman who admitted fatally stabbing her young son and daughter.
Influential lawmaker Kenley retiring from Indiana Senate
State Sen. Luke Kenley, R-Noblesville, on Wednesday announced that he will retire on Sept. 30 after serving Senate District 20 since 1992.
Supreme Court divided on marijuana case, denies transfer
A deadlocked decision on whether to hear a case involving Fourth Amendment and similar state rights has led the Indiana Supreme Court to deny transfer to the case, with two justices dissenting on the denial of transfer.
Law firm mergers continue at record pace
This year might be one for the record books. According to Altman Weil Inc., 2017 is shaping up as a record year for U.S. law firm mergers and acquisitions.
Opinions July 5, 2017
Indiana Court of Appeals
401 Public Safety and Lifeline Data Centers, LLC v. David Ray and the Committee to Elect David Ray
49A02-1609-PL-2132
Civil plenary. Affirms the Marion Superior Court’s order dismissing 401 Public Safety and Lifeline Data Centers LLC’s defamation complaint against David Ray and the Committee to Elect David Ray based on the Anti-SLAAP Statute. Finds the speech contained in a flyer constitutes a matter of public interest. Also finds Ray and the committee have established as a matter of law that they acted in good faith, without malice and with a reasonable basis in law and fact. Judge Paul Mathias concurs and dissent in part with separate opinion.
Divided COA rules campaign flyer was protected speech
Summary judgment in a political defamation suit has been affirmed after a divided Indiana Court of Appeals decided Wednesday that language included on a campaign flyer is considered protected speech under the Anti-SLAAP statute.
State challenges COA ruling that suspended death penalty
An Indiana Court of Appeals decision that suspended executions in the state violated the separation of powers and resulted in new, unintended burdens that could lead to “dysfunction” in carrying out executions, the state argues in seeking an appeal to the Indiana Supreme Court.
Sheriff starts group to deal with overcrowded county jails
An Indiana sheriff says state lawmakers must address the issue of overcrowded and understaffed county jails.