Supreme Court takes up cases about race in redistricting
The Supreme Court of the United States is taking up a pair of cases in which African-American voters maintain that Southern states discriminated against them in drawing electoral districts.
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Jury selection begins in high-profile Saints star’s death
Conflicts settled by gunfire are tragically common in New Orleans, but there was nothing routine about this one: The dead man was retired football player Will Smith, a star on the 2006 Saints team who helped lift the stricken city's spirits with a winning season after Hurricane Katrina, and played with the team when it won the franchise's only Super Bowl three seasons later. Jury selection begins Monday in the trial of the man accused in his killing after a road-rage incident.
2 Indiana men sentenced to prison for biodiesels fraud
Two Indiana men have been sentenced to prison for their roles in what federal authorities say was a multi-million dollar fraud scheme involving biofuels.
Judge: Disabled housing discrimination suit may proceed
An Indianapolis subsidized senior-citizens housing facility must face a lawsuit from disabled tenants who claim the three-story apartment building failed to repair its only elevator for weeks, leaving them unable to get to apartments on the top two stories and leaving some disabled tenants stranded upstairs.
Hartford City sex offender ordinance unconstitutionally vague
A 2008 Hartford City ordinance that restricted registered sex offenders from entering or loitering within 300 feet of broadly defined “child safety zones” is unconstitutionally vague, a federal judge has ruled.
Bankruptcy judge announces retirement
A former chief judge of the United States Bankruptcy Court for the Southern District of Indiana has announced his retirement.
COA affirms dismissal of case due to res judicata
Res judicata prevents a title insurance company from taking a “second bite” at the apple, the Indiana Court of Appeals ruled Friday, in a case in which the company appealed dismissal of its second attempt to challenge an action by the Indiana Department of Insurance.
Former CIB chiefs try to avoid entanglement in legal fight involving Pacers
Three former presidents of the city’s Capital Improvement Board—Pat Early, Bob Grand and Ann Lathrop—are fighting an effort by attorneys for the IRS to depose them about what they learned about the Indiana Pacers' finances during discussions with the team.
Opinions Dec. 2, 2016
Indiana Court of Appeals
First American Title Insurance v. Stephen W. Robertson, Insurance Commissioner of the state of Indiana, in his official capacity, on behalf of the Indiana Department of Insurance
49A05-1512-PL-2309
Civil plenary. Affirms the Marion Superior Court’s dismissal of First American Title Insurance Co.’s complaint against Stephen Robertson, in his official capacity as Indiana insurance commissioner. Finds that the trial court properly granted IDOI’s motion to dismiss because FATIC’s claims are barred by res judicata.
Death threats and abuse for woman leading Brexit court fight
Gina Miller is paying the price for going to court. The financial entrepreneur says she has received death threats and racial and sexual abuse since she won a High Court ruling forcing the British government to seek Parliamentary approval before leaving the European Union.
Mom pleads guilty in connection with Bluffton boy’s death
The mother of a northeastern Indiana boy whose body was found burned in a wooded area has entered into a plea agreement in connection with his death.
Judge pro tem appointed in Henry County
The Indiana Supreme Court has appointed longtime Knightstown lawyer and judge E. Edward Dunsmore II to temporarily fill a judicial vacancy in Henry County.
Justices consider conversion of felony to misdemeanor after plea agreement
The effect of legislative changes to state sentencing laws was at center in oral arguments before the Indiana Supreme Court Thursday.
Mother’s suit alleging DCS caseworker abuses proceeds
An Indiana Department of Child Services case manager who allegedly pursued meritless child-abuse allegations against an Indianapolis mother must face a federal civil lawsuit, though her DCS supervisors will not, a judge has ruled.
Jurors convict Indiana day care provider in toddler’s death
Jurors in northern Indiana have convicted a New Paris day care provider in the 2014 death of a 19-month-old boy in her care.
Indiana Supreme Court considers general contractor’s duty of care to subcontractors
In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”
Lawyer’s use of word ‘Negro’ prejudiced client, but doesn’t get PCR
A defense attorney who has since been disbarred prejudiced his absent client when he referred to him as a “Negro” before potential jurors, a judge wrote, but the offending word wasn’t enough for the Court of Appeals to grant post-conviction relief.
Opinions Dec. 1, 2016
Corey Middleton v. State of Indiana
32A01-1603-PC-592
Post conviction. Affirms denial of petition for post-conviction relief. While Corey Middleton’s defense attorney used the word ‘Negro’ to describe him during voir dire, the offending language does not entitle him to post-conviction relief because of the considerable evidence against him that led to his conviction and 40-year sentence on drug and gun charges. Middleton was also not entitled to PCR when his attorney, who has since been disbarred, failed to inform him of a plea agreement that Middleton said he would have accepted or on other grounds.
Justices consider transfer in chemical breath test case
Indiana’s rules regarding chemical breath tests can be read as a recipe, with each rule laid out for the process of testing someone’s blood alcohol content meant to be followed sequentially, said the attorney for a woman challenging her misdemeanor drunken-driving charges.
Anthem’s Cigna takeover could draw $3B Blue Cross fine, exec testifies
Anthem Inc. could face a penalty of about $3 billion from the national Blue Cross Blue Shield Association if it fails to derive the bulk of its nationwide revenue from Blue-branded products after acquiring Cigna Corp., according to testimony from an Anthem executive during a U.S. antitrust trial in Washington.