Judge keeps sex offender’s voting suit alive
A registered sex offender’s lawsuit against the Indiana Secretary of State and other parties will proceed, a federal judge ruled Thursday, denying the defendants’ motion to dismiss.
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Judge: Man should be civilly committed, not incarcerated
Indiana Court of Appeals Judge Paul Mathias again used an opinion to highlight problems he sees in the criminal justice system when dealing with defendants with mental health issues.
COA: Father should have custody of children
Children who were afraid of their stepfather and whose behavior changed after their mother remarried should now be in the custody of their father, the Indiana Court of Appeals affirmed Thursday.
COA: Parents’ actions do not support CHINS findings
The Indiana Court of Appeals Thursday reversed the findings that four sisters are children in need of services, noting none of their parents’ actions or inactions endangered the children.
7th Circuit: Court needs permission to revise supervised release conditions once appealed
The 7th Circuit Court of Appeals declined to overrule recent precedents in a man’s appeal involving his supervised release conditions and instead adopted a rule of practice for the Circuit.
Plaintiffs lose state court challenge to anti-conflict of interest law
The five northern Indiana police officers or firefighters who challenged a state law that would prohibit them from simultaneously also serving in elected office had their suit challenging the 2013 law dismissed Tuesday.
COA upholds convictions of man who targeted Burmese
An Alabama man was unable to convince the Indiana Court of Appeals that he was not behind several attacks on members of the Burmese community in Indianapolis two years ago. The judges affirmed Danny Cherry’s 80-year sentence for various crimes, including attempted murder.
Opinions July 27, 2016
Indiana Court of Appeals
Lisa R. Harris v. State of Indiana
83A01-1509-CR-1311
Criminal. Reverses denial of Harris’ motion to suppress evidence obtained from a consent search during a seat belt enforcement stop, which led to a Level 6 felony possession of methamphetamine charge. The officer lacked an independent basis of reasonable suspicion justifying inquiry above and beyond the seat belt violation. Remands for further proceedings Judge Najam dissents with opinion.
Elkhart County judgment exceeds med-mal cap
A northern Indiana judgment in favor of a man ruled to have suffered a catastrophic medical malpractice injury that left him paralyzed is the latest case challenging the state’s cap on malpractice damages.
Elkhart County attorney recognized with bar foundation honor
Goshen attorney and former Indiana legislator John Ulmer has been selected for the 2016 Legendary Lawyer Award by the Fellows of the Indiana Bar Foundation.
Majority: Trooper’s questioning violated Seatbelt Enforcement Act
A state trooper’s recollection of a woman’s name on a national drug registry does not provide an independent basis of reasonable suspicion justifying him to investigate more than a seat belt violation that initiated the traffic stop, the Indiana Court of Appeals held in a 2-1 decision. As such, the judges reversed the woman’s motion to suppress evidence that led to a drug charge.
Taft to hold fundraiser for injured IP attorney
Taft Stettinius & Hollister LLP has organized a cocktail party and silent auction to raise money for Derek Lavender, an intellectual property attorney with the firm who was recently paralyzed as a result of a motorcycle accident.
Father must still pay part of son’s college expenses, COA holds
The Indiana Court of Appeals agreed that a teenager has not repudiated his relationship with this estranged father and affirmed the trial court’s ruling that the boy, his mother, and his father must each pay a third of his college expenses.
Lawyers logging more pro bono hours, survey finds
Lawyers are making more time for pro bono work, according to a recent survey of lawyers by Robert Half Legal. Despite busy schedules and increasing caseloads, 30 percent reported donating more than 80 pro bono hours each year.
7th Circuit sets arguments in Exodus vs. Pence Syrian refugee case
Indiana Gov. Mike Pence’s appeal of a ruling blocking his bid to suspend resettlement of Syrian war refugees in the state will be heard by the 7th Circuit Court of Appeals less than two months before voters decide if he will be the nation’s next vice president.
7th Circuit remands disability benefits denial
The 7th Circuit Court of Appeals found an administrative law judge had improperly cherry picked a man’s medical record and reversed the denial of his disability benefits.
Deputy prosecutor fired after not sharing victim’s falsehood
A northwestern Indiana prosecutor has been fired after not revealing one of two purported victims made up at least part of the accusations against a molesting suspect acquitted after being held without bond for three years.
COA hears arguments in $25M wrongful death verdict
In a wrongful death case argued before the Indiana Court of Appeals Tuesday, the panel considered the questions of when are damages too high and when should an appellate court set aside a jury’s verdict?
COA hears arguments in $25 million wrongful death verdict
In a wrongful death case argued before the Indiana Court of Appeals Tuesday, the panel considered the questions of when are damages too high and when should an appellate court set aside a jury’s verdict?
Opinions July 26, 2016
7th Circuit Court of Appeals
Mikeal G. Cole Jr. v. Carolyn W. Colvin, acting commissioner of Social Security
15-3883
Appeal from U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Robert L. Miller Jr.
Civil. Reverses denial of Cole’s application for disability benefits and remands to the Social Security Administration for reconsideration. The administrative law judge’s decision was unreasoned and should not have been affirmed, as it appears she cherry picked the medical record, which is improper.