Former IU athletic director Glass joining Taft law firm
Former Indiana University Director of Athletics Fred Glass plans to resume his law career in October, joining the Indianapolis office of Taft Stettinius & Hollister LLP as a partner.
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Kenosha protesters, police clash again after Black man shot
Anger over the shooting of a Black man by police spilled into the streets of Kenosha for a second night Monday, with police again firing tear gas at hundreds of protesters who defied a curfew, threw bottles and shot fireworks at law enforcement guarding the courthouse.
Former official for Carmel-based fraternity foundation sentenced to 27 months
The former financial coordinator of a charitable foundation operated by Carmel-based women’s fraternity Zeta Tau Alpha has been sentenced to more than two years in federal prison after pleading guilty to embezzling about $450,000 from the organization.
Federal appeals court finds parts of anti-riot law violate free speech
A federal appeals court on Monday upheld the convictions of two members of a white supremacist group who admitted they punched and kicked counter-demonstrators during the 2017 “Unite the Right” rally in Charlottesville, Virginia. However, the panel found that part of an anti-riot law used to prosecute them “treads too far upon constitutionally protected speech.”
NY AG probes if Trump pumped up value of estate, assets
New York’s attorney general asked a court Monday to compel some of President Donald Trump’s business associates, including his son, Eric, to testify and turn over documents as part of her investigation into whether the president’s company lied about the value of its assets in order to get loans or tax benefits.
Southern District to resume jury trials next week
| IL Staff
The Indiana Southern District Courts will resume jury trials next week following a COVID-19 suspension that’s been in effect since March. Potential jurors still may be excluded from service upon a showing of “undue hardship or extreme inconvenience,” the court said.
Opinions Aug. 24, 2020
Indiana Court of Appeals
Shiel Sexton Company, Inc., et al. v. Joshua Towe
18A-CT-01446
Civil tort. Affirms in part the Marion Superior Court’s grant of summary judgment to Joshua Towe as to Circle B Construction Systems’ assumption of a duty to protect Towe. Remands for further proceedings as to breach, causation, and damages. However, reverses the trial court’s grant of summary judgment to Towe as to the assumption of a duty by Shiel Sexton, and remands for the trial court to enter summary judgment for Shiel Sexton as it had no duty to protect Towe.
COA affirms man’s child molesting conviction, sentence
The Indiana Court of Appeals has affirmed a man’s child molesting conviction and sentence after finding, among other things, that his due process rights were not violated after he was found to be a sexually violent predator pursuant to Indiana Code section 35-38-1-7.5.
COA rules for general contractor in injured worker’s dispute
A general contractor does not owe a duty of care to a construction worker injured on the job, the Indiana Court of Appeals ruled in a Monday interlocutory appeal, reversing a grant of summary judgment to the worker as to that issue.
Protests erupt after Wisconsin police shoot Black man
Police in the southeastern Wisconsin city of Kenosha shot and wounded a Black man, apparently in the back, after responding to a call about a domestic dispute, setting off a night of protests and unrest in which officers fired tear gas and demonstrators apparently hurled objects and set fire to parked cars.
25 years after son’s killing in East Chicago, mom seeks answers
William “Bill” Graber died after he was shot once in the chest Aug. 2, 1995, while hanging out with friends on a corner in the 800 block of West 149th Street in East Chicago — about a block away from the apartment he shared with his mother. Graber’s family didn’t know anyone who’d been murdered before he was killed, said his mother, Mary Katherine Laird. “We lost a son,” she said. “We lost our home.”
Daleville school investigating after student swastika photo
A central Indiana school has launched an investigation after a photo posted to social media appeared to show students forming the shape of swastika on the gymnasium floor, school officials said.
Operation Legend puts focus on violent crime, not politics
President Donald Trump and Attorney General William Barr have touted Operation Legend, spread across nine U.S. cities including Indianapolis, as a much-needed answer to spiking crime that Trump claims is caused, at least in part, by the police reform movement and protests that have swept the U.S. since George Floyd’s death in May.
Lawyers: Purkey autopsy suggests he suffered during execution
An inmate suffered “extreme pain” as he received a dose of pentobarbital during just the second federal execution following a 17-year lag, according to court filings by lawyers representing one of the inmates scheduled to be executed next.
Indiana’s limits on absentee balloting upheld by federal court
An attempt to allow all eligible Hoosiers to vote by mail in the November general election has been thwarted by a federal judge who ruled the limits on absentee balloting do not deny state residents their fundamental right to vote.
Federal rulings block Indiana voter roll purge, absentee ballot signature match law
Finding Indiana’s process for matching signatures on absentee ballots is unconstitutional, a federal judge has permanently enjoined the Secretary of State and other election officials from rejecting any mail-in ballot on the basis of a signature mismatch without providing adequate notice to the voter.
Opinions Aug. 21, 2020
Indiana Court of Appeals
John P. Hampton v. Audie Barber
20A-MI-143
Miscellaneous. Affirms the Delaware Circuit Court’s order granting Audie Barber’s request for a permanent injunction following his complaint for ouster of an unlawful office holder in which the court concluded that Muncie City Councilman John P. Hampton is ineligible to hold a seat on the council under Indiana Code Section 3-5-8-1(e). Finds the evidence supports the trial court’s finding that Barber has a special interest in the city council seat, and that finding supports the court’s conclusion that Barber had standing to file the complaint against Hampton. Also finds that Hampton has waived for review the issue of whether Indiana Code Section 3-8-1- 5(e)(3) violates Article 1, Section 23 of the Indiana Constitution as applied to him.
Husband gets new trial on domestic battery conviction
A man convicted of domestic battery and disorderly conduct successfully secured a new trial from the Indiana Court of Appeals after it found the admission of his wife’s hearsay statements were in error.
30-year sentence affirmed for teen linked to killing of IU doctor, educator
The Indiana Court of Appeals has affirmed a young adult’s decades-long sentence for felony burglary convictions that stemmed from several residential break-ins he committed as a teen, finding that his sentence is not inappropriate.
Past felony prevents Muncie councilman from holding office, COA rules
A Muncie city councilman could not persuade the Indiana Court of Appeals to determine on Friday that he is still eligible for the position after another candidate revealed that the councilman has a felony record.