7th Circuit Judge Michael Kanne dies
Judge Michael Kanne of the 7th Circuit Court of Appeals, whose 50 years on the bench began in Jasper County, died June 16 at his home with his wife, Judith Ann, at his side. He was 83.
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7th Circuit tosses aggravated felony under ‘overbroad’ criminal statute
Finding Indiana’s 2006 statute regarding methamphetamine criminalized more conduct than the corresponding federal law, the 7th Circuit Court of Appeals found an Indiana man’s conviction after pleading guilty to a drug charge was not an aggravated felony for purposes of deportation.
Opinions June 17, 2022
Court of Appeals of Indiana
Donnell Goston Sr., et. al v. State of Indiana, et al.
21A-CT-2484
Civil tort. Affirms the grant of summary judgment for the Indiana Department of Child Services and other state defendants on father Donell Goston Sr.’s negligence complaint. Finds the Marion Superior Court didn’t err in allowing DCS to file a third motion for summary judgment as the motion addressed grounds not previously brought by the agency. Also finds the Notice Statute doesn’t allow a private right of action, and the Legislature didn’t intend for the law to allow it to do so.
Indiana Supreme Court relies on COA analysis in ruling for insurer in drunken driving case
Adopting the efficient and predominant cause analysis, the Indiana Supreme Court has found an insurance company did not have a duty to defend two Kokomo bars and their owner who are alleged to have continued serving alcohol to an inebriated patron who subsequently got into a drunken driving accident.
COA rules for DCS in negligence complaint after dad wasn’t notified of injury reports
An Indiana father who wasn’t notified that the Indiana Department of Child Services assessed allegations of abuse and neglect until two years after his twins were injured couldn’t convince the Court of Appeals of Indiana that the agency should be found negligent.
Justices permanently lift distance education limits for CLE, CJE
| IL Staff
Following changes made to accommodate social distancing beginning in 2020, the Indiana Supreme Court has permanently amended continuing education rules to lift limits on distance education.
Biden signs bill to protect Supreme Court justices into law
President Joe Biden signed a bill Thursday that will give around-the-clock security protection to the families of Supreme Court justices.
GOP state treasurer race will measure financial skills, political connections
Four candidates will square off this weekend in the race for the Republican nomination for Indiana state treasurer in a convention battle that will measure the value of financial skills and the power of candidates’ political connections.
Holcomb, associates attacked as too moderate as GOP prepares to nominate candidates
Political mail directly attacking Gov. Eric Holcomb and associated GOP candidates as too moderate has been delivered to delegates in advance of this weekend’s Indiana Republican Party convention, heightening an already looming intra-party showdown.
Larry Nassar loses last appeal in sexual assault scandal
The Michigan Supreme Court on Friday rejected a final appeal from sports doctor Larry Nassar, who was sentenced to decades in prison for sexually assaulting gymnasts, including Olympic medalists.
Opinions June 16, 2022
Court of Appeals of Indiana
Anthony Brahimsha v. Mariana Vallejo (mem. dec.)
21A-DC-2812
Domestic relations with children. Affirms the Jasper Circuit Court’s division of the marital estate arising from the dissolution of marriage between Anthony Brahimsha and Mariana Vallejo. Finds the trial court did not abuse its discretion by including a $70,000 loan and a vehicle in the marital pot or by omitting the value of the parties’ personal assets from the marital estate. Also finds the trial court did not err in finding that Wife had dissipated marital assets. Finally, finds the trial court did not err when it deviated from an equal division of the marital estate.
Indiana Bar Foundation focusing on teachers as new civics standards unveiled
The Indiana Bar Foundation, long a champion of civics education, is preparing materials and programs to help teachers now that the Indiana State Board of Education has approved the academic standards for the new middle school civics course.
COA Judge Najam granted senior status ahead of retirement
| IL Staff
The Court of Appeals of Indiana’s current longest-serving judge, who is set to retire this summer, won’t be off the bench completely, as he’s been granted senior judge status.
Seymour attorney disciplined by IN Supreme Court after 7th Circuit suspension
| IL Staff
A Seymour attorney suspended by the 7th Circuit Court of Appeals for misconduct has been hit with reciprocal discipline from the Indiana Supreme Court.
Lawsuit against Boone County for blocking resident from Facebook page dismissed
A lawsuit filed last month against Boone County for blocking a resident from the county’s Facebook page was dismissed this week, according to court documents.
Corporate Counsel Guide submissions due Friday
| IL Staff
There’s still time to submit your company’s information for the 2022 Indiana Lawyer Corporate Counsel Guide.
Feds indict Calif. man found with gun near Kavanaugh’s home
A federal grand jury has indicted a California man who was found with a gun, knife and pepper spray near the home of Supreme Court Justice Brett Kavanaugh after telling police he was planning to kill the justice, prosecutors said Wednesday.
Justices dismiss Trump-era immigration case, in a Biden win
The U.S. Supreme Court said Wednesday it was wrong to wade into a dispute involving a Trump-era immigration rule that the Biden administration has abandoned, so the justices dismissed the case.
High court rules against government on drug reimbursement
The U.S. Supreme Court said Wednesday that the federal government improperly lowered drug reimbursement payments to hospitals and clinics that serve low-income communities, a reduction that cost the facilities billions of dollars.
Justices rule for American woman in bitter custody dispute
The U.S. Supreme Court ruled unanimously Wednesday for an American woman who is involved in a bitter international custody dispute with her Italian husband over their young son.