Indiana House sees leadership change as session nears end
The top leadership position in the Indiana House changed hands Monday for the first time in a decade in an unusual transition just as this year’s legislative session is about to wrap up.
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Opinions March 9, 2020
7th Circuit Court of Appeals
Robert Holleman v. Dushan Zatecky
19-1326
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Affirms the Southern District Court’s grant of summary judgment to Zatecky in response to Robert Holleman’s First Amendment lawsuit after his transfer from Pendleton Correctional Facility. Despite Holleman’s multitudinous lawsuits, grievances, and an interview he provided to a local newspaper about the conditions at Pendleton, finds his transfer was not retaliation.
Hammond forum to focus on potential Real ID problems
| IL Staff
Seeking to address potential problems that could arise when Real ID laws take effect Oct. 1, a Lake County judge and attorney will participate in a presentation this week aiming to resolve some of the issues lawyers and judges are seeing in court.
Man’s 6-year sentence affirmed in fatal teen car wreck case
While hanging out one evening at a playground in 2017, five Indianapolis teenagers got into an argument with two women nearby who were searching for a drone owned by Daniel Cannon. When asked if they wanted to fight, the teens got back into their vehicle, drove toward the women as if to hit them, and then moved on to the street.
Panel favors retention of all 13 Marion Superior judges
The Marion County Judicial Selection Committee has unanimously voted to recommend retention of all 13 Marion Superior judges whose names will be on the ballot in November.
COA dismisses man’s appeal in adoption dispute
A man seeking to adopt his ex-wife’s child had his case dismissed by the Indiana Court of Appeals on Monday after it found no indication that he sought certification from the trial court or permission from the appellate court to file a discretionary interlocutory appeal, among other things.
Foreclosure ruling for homeowner reversed after ‘near-blanket exclusion’ of evidence
A Lake Superior judge who threw out a bank’s mortgage foreclosure lawsuit against a homeowner and entered judgment in her favor was reversed by the Indiana Court of Appeals, which found the court abused its discretion in ordering a “near-blanket exclusion” of the bank’s evidence.
7th Circuit: Litigious inmate’s transfer not retaliation
An inmate serving a life sentence who is known for being a “quintessential jailhouse lawyer” did not prevail in an appeal to the 7th Circuit Court of Appeals on Friday after the court found his transfer to another prison prompted by his multiple and continued grievances was not a move of retaliation.
Millionaire tax cheat’s bid to reconsider restitution rejected
A former accountant and entrepreneur who failed to claim millions of dollars in income on his tax returns and falsely claimed poverty to get his children scholarships from prestigious schools got no relief on required restitution in a federal appeal, even though some of the parties to whom restitution was ordered have said they don’t want the man’s money.
Justices split on denial of transfer to med-mal wrongful death case
| IL Staff
The Indiana Supreme Court has split in the denial of transfer in a case involving a fatal altercation between a psychiatric patient and a caregiver, with two justices dissenting from the holding that ensuing wrongful-death litigation should be brought under the Medical Malpractice Act.
Howard County sheriff fires six jail officers for misconduct
Six jail officers in Kokomo have been fired for misconduct dating back to early December, officials said.
Indiana community battling shoreline erosion files lawsuit
| Associated Press and IL Staff
An Indiana community along Lake Michigan has filed a federal lawsuit over its battle with shoreline erosion, saying the town’s infrastructure is in danger of “total destruction.” The suit comes as homeowners and communities along the lakeshore deal with record high water levels in the Great Lakes.
US attorney reviewing polling places for ADA compliance
U.S. Attorney Josh Minkler said his office is reviewing all polling places in the Southern District of Indiana to see if they comply with the Americans with Disabilities Act.
Judge rebukes Barr’s handling of Mueller report, orders unredacted copy
A federal judge on Thursday sharply rebuked Attorney General William Barr’s handling of the special counsel’s Russia report, saying Barr had made “misleading public statements” to spin the investigation’s findings in favor of President Donald Trump and had shown a “lack of candor.”
Indiana has 1st illness linked to coronavirus outbreak
Indiana health officials have confirmed the first illness in the state from the coronavirus outbreak. State Health Commissioner Dr. Kris Box said Friday the ill man was in stable condition in self isolation after going to an Indianapolis hospital late Thursday with symptoms.
Opinions March 6, 2020
Indiana Court of Appeals
Aaron B. Hoskins v. State of Indiana
19A-CR-2387
Criminal. Dismisses Aaron Hoskins’ appeal of his Level 6 felony conviction for unlawful possession of a syringe and the revocation of his probation. Finds Hoskins’ claim cannot be presented on direct appeal and must instead be presented in a petition for post-conviction relief because he pleaded guilty.
Ex-South Bend officer justified in black man’s killing
A special prosecutor announced Friday that a white former South Bend police officer was justified in the fatal shooting of an African American man last summer and that he won’t be charged in the killing that roiled then-Mayor Pete Buttigieg’s presidential campaign.
COA reverses contempt finding against vet for nonpayment in divorce dispute
The goal of harmonizing provisions between conflicting provisions in a divorce settlement led the Indiana Court of Appeals to find a military veteran should not have been held in contempt for discontinuing monetary support to his former wife.
ADA compliance review at polling places underway in Southern District
| IL Staff
Polling places in the Southern District of Indiana are now being reviewed for compliance with the Americans with Disabilities Act, U.S. Attorney Josh Minkler announced Thursday.
COA: Probation revocation after guilty plea should be challenged with PCR, not direct appeal
The Indiana Court of Appeals has dismissed a man’s appeal of his probation revocation and related drug conviction, finding his claim could not be presented on direct appeal but must be presented in a petition for post-conviction relief because he pleaded guilty.