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Opinions Feb. 13, 2017

Indiana Court of Appeals
Lori A. Spang v. Timothy R. Spang (mem. dec.)
02A03-1608-DR-1876
Domestic relation. Affirms the grant of Timothy Sprang’s objection to the relocation of his 12-year-old daughter, E.S., with her mother, Lori Sprang, and his petition for modification of custody. Finds the Allen Superior Court did not abuse its discretion because it properly considered all factors and Timothy Sprang met his burden of proof to demonstrate that the proposed location was not in E.S.’s best interest.

ACLU is seeing a Trump-era surge in members and donations

The nearly century-old American Civil Liberties Union says it is suddenly awash in donations and new members as it does battle with President Donald Trump over the extent of his constitutional authority, with nearly $80 million in online contributions alone pouring in since the election.

7th Circuit affirms remand of veteran’s disability case

An Army National Guard veteran’s disability case is heading back to the Social Security Administration after the 7th Circuit Court of Appeals ruled Friday the veteran was not entitled to disability benefits based solely on the disability rating he received from the Department of Veterans Affairs.

7th Circuit halts fraud restitution for ‘reckless’ Bank of America

Three defendants convicted of wire fraud in the purchase of 16 properties in Gary were clearly guilty of the crimes, but the 7th Circuit Court of Appeals Friday threw out a restitution order in favor of Bank of America and urged the district court in Hammond to consider fining the defendants instead.

Supreme Court nominee has defended free speech, religion

Supreme Court nominee Neil Gorsuch has been a defender of free speech and a skeptic of libel claims, an Associated Press review of his rulings shows. His record puts him at odds with President Donald Trump’s disdain for journalists and tendency to lash out at critics.

Opinions Feb. 10, 2017

Indiana Court of Appeals
Tradale Jones v. State of Indiana (mem. dec.)
49A04-1608-CR-1833
Criminal. Affirms Tradale Jones’ aggregate sentence of 50 years imposed for two counts of Level 1 felony rape and one count each of Level 3 felony robbery with a deadly weapon, Level 3 felony kidnapping while armed with a deadly weapon and Level 3 felony criminal confinement while armed with a deadly weapon. Finds that Jones’ sentence is not inappropriate in light of his character or the nature of his offense.

Lawyer for pardoned Cooper credits Holcomb, blasts Pence

The Chicago lawyer whose client won a pardon from Gov. Eric Holcomb for a wrongful conviction in a violent 1996 Elkhart robbery singled out Vice President Mike Pence for failing to act on clear evidence of Keith Cooper’s innocence while Pence was governor.

Justices deny transfer to child custody case

A divided Indiana Supreme Court has denied transfer to a Clark County custody case, though two justices suggested transfer was warranted because the Indiana Court of Appeals improperly reweighed evidence to reach its September decision.

Trump travel ban on hold after appeals court rejection

The legal fight over President Donald Trump's ban on travelers from seven predominantly Muslim nations is on hold after the 9th U.S. Circuit Court of Appeals declined to block a lower-court ruling that suspended the ban, allowing previously barred travelers to continue coming to the United States.