Applications open for 3 Marion Superior Court vacancies
| IL Staff
Applications are now being accepted for three upcoming judicial vacancies on the Marion Superior Court bench, the Indiana Supreme Court announced Friday.
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Appeals court upholds molester’s conviction, sentence
A child molester obtained no relief Friday in his appeal that challenged everything from the seating of jurors to the nine-year executed sentence imposed on him after he was convicted of sex crimes against an 8-year-old girl.
7th Circuit partly reinstates late worker’s wrongful termination case
A trailer factory worker’s lawsuit against the employer who fired him after he sustained a broken rib was partially reinstated by the 7th Circuit Court of Appeals, which found there may be evidence the company interfered with his rights under the Family and Medical Leave Act.
Richmond woman charged with embezzling $327K from her employer
An eastern Indiana woman who seemed upset when her employer offered her a promotion is now accused of embezzling more than $327,000 from the business after an audit by suspicious company officials.
Teacher unions: Children terrified by active shooter drills
The nation’s two largest teachers unions want schools to revise or eliminate active shooter drills, asserting that they can harm students’ mental health and that there are better ways to prepare for the possibility of a school shooting.
Audit: 2 Indiana online schools misspent nearly $86 million
Two Indiana online charter schools that have been under federal investigation over allegations of padding their enrollments inappropriately paid nearly $86 million to companies linked to the schools’ founder or his associates, according to a new state audit report.
Barr swipes at Trump: Tweets make it ‘impossible’ to do job
Attorney General William Barr publicly swiped at President Donald Trump on Thursday, declaring the president’s tweets about Justice Department prosecutors and open cases “make it impossible for me to do my job.”
Split COA: Drug evidence from traffic stop wrongly admitted
The majority of a divided Indiana Court of Appeals panel has reversed the admission of drug evidence obtained from a pat-down search after a traffic stop, finding officers lacked a reasonable belief that the driver was armed and dangerous.
Opinions Feb. 13, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday.
DeWayne Perry v. Richard Brown
19-1683
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Vacates the Southern District Court’s ruling that equitable tolling is only possible when an “external obstacle” impeded timely filing. Finds the district court needs to determine whether a brain injury caused DeWayne Perry’s delay in seeking habeas review under 28 U.S.C. §2254, and if so whether circumstances as a whole justify equitable tolling. Finds Perry’s medical condition could frustrate his ability to gather and present such evidence on his own, therefore making it appropriate for the district court to appoint counsel to assist him. Remands for proceedings.
Bank alleges developer owes nearly $16M for project near airport
Old National Bank has sued local developer Paul Kite, alleging he and his company, PK IND Partners LLC, owe millions of dollars for a loan tied to the 2008 redevelopment of property at Indianapolis International Airport.
Retention interview schedule set for Marion County judges
| IL Staff
Interview schedules have been set for Marion County’s incumbent judges seeking retention, just one day after members of the Marion County Judicial Selection Committee convened.
7th Circuit reinstates habeas case for inquiry about man’s brain injury
Questions about whether a man’s brain injury caused his delay in seeking review in his case should be determined by the Southern District Court, and if so, whether the circumstances collectively justify the use of equitable tolling, the 7th Circuit Court of Appeals ruled Wednesday.
Barr agrees to testify as Democrats question his leadership
Attorney General William Barr has agreed to testify before the House Judiciary Committee next month, appearing for the first time before the panel as questions swirl about whether he intervened in the case of a longtime ally of President Donald Trump.
Holcomb signs bill delaying school, teacher penalties from ILEARN exam
Indiana schools and teachers won’t face penalties from lower student scores on the state’s new ILEARN standardized exam under legislation the governor signed Wednesday.
Seymour police officers charged with ghost employment
A former southern Indiana police chief and one of his top officers face ghost employment and other charges for allegedly working other jobs while they were on duty, Indiana State Police said Wednesday.
Suit: Woman wrongly fired after rejecting Vanderburgh prosecutor’s advances
| Associated Press and IL Staff
An Evansville woman says she was fired from her job at the Vanderburgh County Prosecutor’s Office after she refused the advances of the county prosecutor, who she alleges handcuffed her, showed her a gun and tried to prevent her from leaving his hotel room during a business trip.
Fetal remains found at Illinois properties buried in South Bend
More than 2,000 sets of fetal remains found last year at the suburban Chicago garage of one of the Midwest’s most prolific abortion doctors were buried Wednesday at an Indiana cemetery where the state’s attorney general told a gathering that the remains’ discovery was “horrifying to anyone with normal sensibilities.”
Virginia woman accused of abducting 4 kids found in Plainfield
A Virginia woman accused of abducting her four children and leading authorities on a nationwide chase for several months was taken into custody Wednesday morning in Plainfield, authorities said.
Opinions Feb. 12, 2020
Indiana Court of Appeals
Monika Schmidt v. Allstate Property and Casualty
19A-CT-01489
Civil tort. Reverses the Johnson Superior Court’s grant of Allstate Property and Casualty Insurance Co.’s motion for summary judgment on Monika Schmidt’s bad faith claim and its finding that an insurer does not owe a duty of good faith and fair dealing to an insured who is not the policyholder. Finds the trial court erred in granting summary judgment on that basis. Remands for further proceedings on Schmidt’s bad-faith claim, including her motion for sanctions and contempt.
Indigency uniformity bill advances to full House
Legislation designed to bring uniformity to judges’ indigency determinations is continuing to move through the Indiana Statehouse without opposition.