Meet the 2017 DTCI board of directors
At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office on Jan. 1, 2017.
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Divided COA backs Pence in public records case
A divided Indiana Court of Appeals sided with former Indiana Gov. and Vice President-elect Mike Pence in a Monday opinion, writing that Pence was within his discretion to redact and withhold certain documents sought through a public records request.
Opinions Jan. 9, 2017
Indiana Court of Appeals
William Groth v. Mike Pence, as Governor of the State of Indiana
49A04-1605-PL-1116
Civil plenary. Affirms the Marion Superior Court decision finding former Gov. Mike Pence’s response to William Groth’s Access to Public Records Act request for records related to his decision to join a Texas lawsuit against the President of the United States was proper under the Access to Public Records Act. Finds that Citizens Action Coalition of Indiana v. Koch, 51 N.E.3d 236 (Ind. 2016), does not apply to the request for public records directed to the governor. Also finds that the trial court did not violate Groth’s due process rights. Finally, affirms on the merits the governor’s decision to withhold the white paper from public disclosure and to partially redacted the invoices because the white paper contains legal theories in contemplation of litigation and that the governor’s redactions were within his discretion under APRA. Rejects Pence’s claim that executive privilege renders his response to APRA requests immune from judicial review. Chief Judge Nancy Vaidik concurs in part and dissents in part in separate opinion.
Program offers free legal assistance on King holiday
The Indiana State Bar Association will again be honoring Dr. Martin Luther King Jr. by sponsoring the 2017 “Talk to a Lawyer Today” program Jan. 16 at sites all across the state.
Forfeiture bill would restrict police, prosecutors
A bill scheduled for a hearing before the Indiana Senate Corrections and Criminal Law Committee Tuesday would require law enforcement to get a conviction before moving ahead with civil forfeiture.
Divided COA rules in favor of Pence in public records case
The Indiana Court of Appeals has upheld a trial court decision finding that former Indiana Gov. and Vice President-elect Mike Pence did not violate open records laws when he redacted and withheld certain documents related to his decision to join a Texas lawsuit challenging federal executive orders on immigration.
State Department assailed for new rules on foreign adoptions
The State Department, which oversees the adoption of foreign children by American families, is under fire from scores of adoption agencies for drafting new regulations that critics depict as overly rigid and potentially budget-busting.
Minority law firm representation up modestly post-recession
Women and minorities have made small gains in representation in the legal community over the last seven years, though their representation in some areas of the legal profession is still below pre-recession levels, a new national report says.
High court won’t hear appeal over Backpage.com escort ads
The United States Supreme Court said Monday it won’t hear an appeal from three sex trafficking victims who accuse advertising website Backpage.com of helping to promote the exploitation of children.
Supreme Court rejects appeal from flight-sharing company
The Supreme Court of the United States won’t hear an appeal from a company that wants to offer flight-sharing services using a model similar to Uber.
Ventura loses appeal to reinstate $1.8M defamation verdict
The Supreme Court of the United States has turned away former Minnesota Gov. Jesse Ventura’s bid for reinstatement of a $1.8 million verdict in his defamation case against the estate of slain Navy SEAL and “American Sniper” author Chris Kyle.
Sentencing hearing continues for Charleston church shooter
Final testimony is expected as prosecutors wrap up their argument that Dylann Roof should be sentenced to death for the Charleston, South Carolina church shootings.
State: Task force helped convict 8 of insurance fraud
Officials say a state task force’s unemployment insurance fraud investigation has helped lead to the convictions of eight people.
Neighbors sue to block $23M College Avenue development
Neighbors of the site where a local developer plans to build a $23 million apartment and retail project along North College Avenue are seeking to stop the controversial project by taking legal action.
Monroe County inmates to get use of tablets for video visits
Monroe County Correctional Center is getting a technology infusion too boost opportunities for inmates to visit with family and friends.
Hustler Hollywood sues Indianapolis over zoning roadblocks
Hustler Hollywood, which wants to open a retail store in Castleton, is suing the city of Indianapolis over a zoning denial that the company says is infringing on its constitutional right to operate a business.
COA reverses drug convictions for unreasonable ‘military-style assault’
A “military-style assault” on an Evansville home was unreasonable, a divided Indiana Court of Appeals held Friday, reversing a man’s various felony and misdemeanor drug convictions.
Court authorizes interim solutions to infraction, ordinance violation e-filings
The Indiana Supreme Court posted an order this week authorizing e-filing of initial complaints and pleadings in infraction and ordinance violation case types.
E-filing changing Marion County probate rules
The advent of electronic filing soon will change some longstanding practices in Marion Superior probate court.
Opinions Jan. 6, 2017
Indiana Court of Appeals
Mario Deon Watkins v. State of Indiana
82A01-1510-CR-1624
Criminal. Reverses Mario Deon Watkins’ convictions for two counts of possession of a controlled substance as Class A misdemeanors, possession of cocaine as a Level 6 felony, possession of marijuana as a Class B misdemeanor and maintaining a common nuisance as a Level 6 felony. Finds that while there was a considerable degree of suspicion, the extent of law enforcement needs for a military-style assault was low and the degree of intrusion was unreasonably high. Judge Melissa May dissents with separate opinion.