Judge: Elkhart not immune to claims in fatal crash suit
A northern Indiana city is not immune to claims raised by a lawsuit alleging that it shares responsibility for a hit-and-run crash that killed two children and a man, a judge has ruled.
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3 men plead guilty in terror plot against US power grid
Three men espousing white supremacist and neo-Nazi beliefs conspired to sow civil unrest by attacking power stations throughout the U.S. while expressing a willingness to die for their cause, federal authorities said Wednesday.
Man charged with enticing children to mutilate themselves
A former Southern California man living in Indiana was charged with child sexual exploitation after authorities say he convinced troubled girls as young as 12 to perform masochistic acts and urged them to become his sex slaves, prosecutors announced Wednesday.
High court wades into clash over Trump-era immigration rule
The Supreme Court waded into a political clash Wednesday between the Biden administration and Republican-led states seeking to defend a signature Trump-era immigration rule that the new administration has abandoned.
Homeowner loses appeal seeking to have insurance settlement pay her attorneys
An Indianapolis woman whose property fell into foreclosure after her house burned was unable to convince the Court of Appeals of Indiana that her mortgage allowed for part of the insurance payment to cover her attorney fees.
7th Circuit determines $435K arbitration award was money judgment, not property interest
A $435,000 arbitration award was a money judgment that is subject to discharge in a bankruptcy case, the 7th Circuit Court of Appeals ruled in a dispute between ex-spouses.
IN justices rule probation officers are state employees, must be defended by attorney general
Probation officers are state employees who must be defended by the Indiana attorney general against litigation, the Indiana Supreme Court has ruled, reversing lower court rulings in favor of the state.
7th Circuit reverses 16-year drug sentence, finds district court relied on unsubstantiated allegations
Finding federal prosecutors failed to present any evidence to support the allegation that Edward Gibbs confessed to conspiring to distribute 4.5 kilograms of crystal meth, the 7th Circuit Court of Appeals overturned his 16-plus-year sentence and remanded for resentencing at a lower offense level.
Opinions Feb. 23, 2022
7th Circuit Court of Appeals
In Re: Donald Wayne Harshaw, Elizabeth Anne Harshaw v. Donald Wayne Harshaw
21-1423
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Holly A. Brady.
Civil. Affirms the district court’s ruling allowing Donald Harshaw to discharge an arbitrator’s award in a bankruptcy action. Finds the award was for a money judgment and thus subject to discharge.
COA allows state to prosecute man after federal acquittal on related charge
A trial court erred when it dismissed state charges against a man who was acquitted in federal court on a charge stemming from the same incident, the Court of Appeals of Indiana has ruled.
Indiana Senate endorses bill allowing Level 6 offenders to go to DOC
A bill allowing Level 6 felony offenders to serve their sentences in the Indiana Department of Correction for addiction and mental health treatment has passed the full Indiana Senate, setting the bill up for final consideration.
Indiana transgender athlete ban headed for final Senate vote
The Indiana Senate on Tuesday refused to amend a Republican-backed bill that would ban transgender women and girls from participating in school sports that match their gender identity, putting it on the fast track to passing.
Indiana Senate panel backs bill without big tax-cut proposal
An Indiana Senate committee endorsed a tax proposal on Tuesday without the business and individual tax cut package potentially totaling more than $1 billion that the House approved last month.
Indiana hospitals less stressed as COVID-19 surge passes
Officials at Indiana’s largest hospital system said Tuesday that its hospitals have weathered the worst of the latest COVID-19 surge, although they are still treating hundreds of patients with the illness.
Biden interviews trio of candidates for Supreme Court
President Joe Biden has interviewed at least three candidates for the Supreme Court, according to a person familiar with the matter, and the White House is reiterating that he remains on track to make a final selection by Monday.
IN justices grant transfer to 1 case, split on 3 others
The Indiana Supreme Court has turned down a request by an Allen County man to determine whether he actually waived his right to appeal when he entered into a plea agreement, but two members of the court voted to hear the case.
Office of Court Technology launches dashboard for attorneys on MyCase
| IL Staff
A new online tool is now available for Indiana attorneys to manage information related to their cases.
COA affirms for estate in dispute with former business associate
A man who found himself in a dispute with his former business partner’s estate failed to convince the Court of Appeals of Indiana to overturn rulings favorable to the estate but not to him.
Opinions Feb. 22, 2022
Court of Appeals of Indiana
David L. Arnett, Individually, and d/b/a Auto Annex, Inc. v. The Estate of Joel S. Beavins, By Its Personal Representative, Jill E. Beavins, and Stewart Properties, LLC
21A-EU-1484
Estate, unsupervised. Affirms the order in favor of the Estate of Joel S. Beavins, by its personal representative Jill E. Beavins, and Stewart Properties LLC granting in part motions to strike evidence submitted by David L. Arnett, individually and d/b/a Auto Annex Inc., and the order granting partial summary judgment in favor of the estate on the issue of whether Arnett is a member of Stewart Properties. Finds the Johnson Superior Court did not abuse its discretion in striking portions of Arnett’s designated evidence, including his affidavit and Charles Ryder’s affidavit and supplemental affidavit. Also finds the trial court did not err in granting partial summary judgment in favor of the estate regarding the ownership of Stewart Properties.
Judge convicts man of murder in Southport police officer’s death
| IL Staff and Associated Press
Nearly five years after the shooting death of Southport Police Lt. Aaron Allan, defendant Jason Brown has been convicted of Allan’s murder.