Security guard charged with murder in gas station shooting
A gas station security guard who shot a man during a confrontation over a beer has been charged with murder, according to an arrest report.
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In a boost, McConnell backs Senate bipartisan gun deal
Senate Minority Leader Mitch McConnell announced his support Tuesday for his chamber’s emerging bipartisan gun agreement, boosting momentum for modest but notable election-year action by Congress on an issue that’s deadlocked lawmakers for three decades.
US failed to stop fraud in COVID loan program, Clyburn says
The U.S. failed to take basic steps at the start of the coronavirus pandemic to prevent fraud in a federal aid program intended to help small businesses, depleting the funds and making people more vulnerable to identity theft, the chairman of a House panel examining the payouts said Tuesday.
In Jan. 6 cases, 1 judge stands out as the toughest punisher
As the number of people sentenced for crimes in the Jan. 6, 2021, insurrection nears 200, an Associated Press analysis of sentencing data shows that some judges are divided over how to punish the rioters, particularly for the low-level misdemeanors arising from the attack.
Justices remand appeal of moot commitment order, clarify precedent on public-interest exception in commitment cases
Despite her involuntary commitment order having long since expired, a woman will be permitted to challenge the order at the Court of Appeals of Indiana after the Indiana Supreme Court issued a decision clarifying its precedent on how appellate courts should review involuntary commitment cases that have become moot. A dissenting justice, however, repeated previous concerns about the majority’s approach to the public-interest mootness exception.
Enhanced consecutive sentences upheld in fentanyl overdose case
A man who sold fentanyl-laced heroin to his friend that resulted in the buyer overdosing will keep his enhanced consecutive sentences, the Court of Appeals of Indiana has concluded.
Former casino general counsel Keeler’s law license suspended after guilty plea
| IL Staff
Following his guilty plea to tax fraud in April, former casino executive and state lawmaker John Keeler has been suspended from the practice of law in Indiana.
COA finds statute grants DNR immunity from claims over flooded fields
A family of farmers in Marshall County who claimed their fields flooded because of the Indiana Department of Natural Resources’ negligent operation of a nearby dam had their trial court victory washed away when the Court of Appeals of Indiana ruled that a state statute grants the agency immunity from negligence claims.
Opinions June 14, 2022
Court of Appeals of Indiana
Trent Michael Weaver v. State of Indiana
21A-CR-2424
Criminal. Affirms Trent Weaver’s aggregate eight-year sentence following his convictions of dealing in a narcotic drug and reckless homicide, both as a Level 5 felony. Finds the Pulaski Superior Court did not abuse its discretion when it imposed separate sentences for Weaver’s dealing and reckless homicide convictions, when it imposed consecutive sentences for those convictions or when it imposed enhanced consecutive sentences. Also finds the trial court’s sentencing statement is adequate. Finally, finds the trial court did not abuse its discretion when it sentenced Weaver.
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Lilly whistleblower sues drugmaker, alleging retaliation
A top human resources officer at Eli Lilly and Co.’s factory in New Jersey claims the drugmaker fired her in retaliation for investigating employee complaints about drug manufacturing problems and for refusing to drop the matter.
National groups flooding local prosecutor races with money
A local district attorney’s race in Maine wasn’t generating much attention until a political action committee linked to a deep-pocketed liberal donor with international name recognition suddenly took an interest. The cash infusion — a stunning sum for a local race in Maine — shows how national groups are seeking to influence district attorney’s contests across the country.
Takeaways: Trump’s mind ‘made up’ on fraud ahead of Jan. 6
The House panel investigating the Jan. 6, 2021, insurrection systemically made the case in its second hearing Monday that several of former President Donald Trump’s advisers warned him against making claims of widespread voter fraud in the 2020 election that he lost.
Kavanaugh incident could lead to more security for judges
U.S. Supreme Court justices have not been immune to violent crime. But this past week’s late-night incident at Justice Brett Kavanaugh’s suburban Washington home, where authorities said a man armed with a gun and knife threatened to kill the justice, reflects a heightened level of potential danger not just for members of the nation’s highest court, but all judges.
Family sues state over DCS case manager’s criminal conduct, wants $2.75M settlement approved
A Wabash couple who had reached a $2.75 million settlement after an Indiana Department of Child Services family case manager was found to have made false allegations of abuse and neglect is now suing the state for not approving the settlement agreement.
Supreme Court reverses course, denies transfer in dental dispute
| IL Staff
The Indiana Supreme Court has decided not to assume jurisdiction and instead reinstated an opinion from the Court of Appeals of Indiana in a dispute between a dentist and her former employer.
Summary judgment for IWU affirmed on retaliation, age discrimination claims, but race discrimination claim remanded
The grant of summary judgment to Indiana Wesleyan University on a former employee’s retaliation and age discrimination claims has been upheld, but the issue of whether the employee’s termination was racially motivated has been remanded.
Opinions June 13, 2022
Court of Appeals of Indiana
Charles T. Ramey, III and Jordan McHenry v. Ashley D. Ping
21A-CT-2103
Civil tort. Affirms the denial of father Charles Ramey and Jordan McHenry’s joint motion for judgment on the evidence and motion to correct error, filed after a jury ruled in favor of mother Ashley Ping and awarded her damages on her complaint alleging Ramey and McHenry filed a false report of child abuse against her. Finds the Johnson Superior Court did not err when it interpreted the false reporting statute and, as such, did not err when it instructed the jury. Also finds Ping presented sufficient evidence to negate the statutory presumption of good faith and qualified immunity and to support the jury’s award of punitive damages. Finally, finds Ping was not precluded from bringing the instant lawsuit under either the principle of res judicata or under the terms of a release agreement.
Justices rule against detained immigrants seeking release
The U.S. Supreme Court has ruled against immigrants who are seeking their release from long periods of detention while they fight deportation orders.
COA affirms for mom in false reporting child abuse case brought against father, girlfriend
The Court of Appeals of Indiana has upheld a nearly $300,000 judgment in favor of a mother who sued her ex-husband and his new girlfriend for making a false claim of child abuse against her.