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Trump assails Justice Department court strategy on travel ban

President Donald Trump lashed out at his own Justice Department Monday for seeking the Supreme Court's backing for a "watered down, politically correct version" of the travel ban he signed in March instead of a broader directive that was also blocked by the courts.

Opinions June 2, 2017

Friday’s opinions
Indiana Court of Appeals
Illini State Trucking, Inc. a/k/a IST Holdings, LLC, and RLB International, LLC. v. Navistar, Inc., et al. (mem. dec.)
45A03-1608-PL-1860
Civil plenary. Affirms the trial court’s dismissal of Illini's claims of fraud and fraudulent concealment against Navistar, Inc. (Navistar), Chicago International Trucks, LLC and CIT, Inc., and Rush Truck Centers of Indiana, Inc. Affirms trial court denial of Navistar and Chicago International's motions to dismiss on cross-appeal Illini’s claims of breach of express warranty, breach of implied warranty, and breach of contract. The motions were properly denied and the trial court is affirmed in all respects.

3 Ex-Penn St. officials get jail in Sandusky case

A former president of Penn State and two other former university administrators were each sentenced Friday to at least two months in jail for failing to alert authorities to a 2001 allegation against ex-assistant football coach Jerry Sandusky, a decision that enabled the now-convicted serial predator to continue molesting boys.

Sexism, ageism focus of small, solo conference session

Though outward expressions of discrimination against certain types of attorneys in court may have diminished over the years, each attorney, litigant, juror and judge who enters a courtroom brings with them their own set of implicit biases.

Prosecutors hail new DNA, anti-drug laws

Indiana prosecutors joined Gov. Eric Holcomb Thursday as he signed two bills prosecutors said are essential to law enforcement’s ability to build criminal cases.

ABA supports Supreme Court review of ‘enemy combatant’

A Guantanamo Bay detainee, represented by Indianapolis criminal defense attorney Richard Kammen, has picked up support from the American Bar Association in his challenge to the validity of the military tribunal to try him.

Justices weigh restitution order linked to car theft

The Indiana Supreme Court will decide if the state properly assessed restitution against a woman convicted of auto theft after hearing oral arguments Thursday morning that suggested there was no evidence directly linking her to some of the damage to the vehicle.

ABA president addresses ISBA solo, small firm conference

The legal industry is evolving quickly, with technological advancements and societal shifts making the traditional paper-and-pencil model of practicing law nearly obsolete. But for solo and small firm attorneys, the administrative burdens of simply running their firms can significantly eat into the time they would otherwise devote to developing new and more efficient methods of doing their work.

Man gets 86 years in killing, kidnapping case

A central Indiana man convicted of killing another man and forcing his estranged wife and three children to flee with him to Minnesota has been sentenced to 86 years in prison.

COA: Indiana death penalty protocol ‘void’

Indiana’s means of carrying out the death penalty through lethal injection “is void and without effect,” the Indiana Court of Appeals ruled Thursday, reversing a death row inmate’s challenge to the Indiana Department of Correction’s execution protocol.

Title VII sexual orientation cases bubbling in federal courts

As the U.S. District Court for the Northern District of Indiana continues with its first case allowing a Title VII claim on the basis of sexual orientation, the 2nd Circuit Court of Appeals is preparing for an en banc rehearing to consider whether Title VII prohibitions include sexual orientation discrimination.

ACLU, solicitor general argue to justices over DCS caseloads

Opposing counsel and the justices of the Indiana Supreme Court were agreed on one issue during oral arguments Thursday in a case involving the Department of Child Services – family case managers are the “backbone” of the work DCS does for Hoosier children.

7th Circuit: Officer had reasonable suspicion to prolong traffic stop

The 7th Circuit Court of Appeals has affirmed a northern Indiana man’s conviction of possession more than 15 doctored gift cards, finding the police officer who stopped the man had reasonable suspicion to prolong the traffic stop that led to the discovery of the fraudulent gift cards.

DUI refusal requires retest after insufficient sample

Indiana law requires law enforcement officers to administer a second chemical breath test if the first test produces an insufficient sample, unless the person taking the test demonstrates a clear unwillingness to cooperate, the Indiana Supreme Court ruled in an opinion reinstating a woman’s driving privileges.

Opinions June 1, 2017

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Keyaunna Hurley v. State of Indiana
49S05-1705-CR-346
Criminal. Reverses the suspension of Keyaunna Hurley’s driving privileges. Finds the procedures for administering a chemical breath test required a second test on this record after Hurley’s first test produced an insufficient sample. Also finds unless a subject clearly manifests an unwillingness to submit to a chemical breath test, Title 260, Section 2-4- of the Indiana Administrative Code requires law enforcement to administer a second test if the first returns an “insufficient sample” message.