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Child Advocates celebrates ‘transformational’ $5M Lilly Endowment grant

January 14, 2020 | Dave Stafford

Indiana’s largest organization that advocates for the interests of child victims of abuse has received the largest donation in its history — a $5 million grant from the Lilly Endowment. “They call it a transformational gift, and it certainly is for us,” Child Advocates CEO Cindy Booth said of the award.

Alliance brings together SmithAmundsen, Brannon Sowers IP firm

January 14, 2020 | Marilyn Odendahl

SmithAmundsen and the Indianapolis intellectual property firm of Brannon Sowers & Cracraft have agreed to a strategic alliance which will allow each firm to retain its identity while having access to the other’s attorneys and resources.

Justices, split 3-2, reject Facebook harassment, casino revenue cases

January 14, 2020 | Katie Stancombe

A mother who made threatening statements toward law enforcement on Facebook after the death of her son will not have her case heard by the Indiana Supreme Court, although two justices voted to grant transfer in the case. Justices also rejected two other appeals on a 3-2 vote.

Opinions Jan. 14, 2020

January 14, 2020

Indiana Court of Appeals
Malik Gardner v. State of Indiana (mem. dec.)
19A-CR-798
Criminal. Affirms Malik Gardner’s convictions in St. Joseph Superior Court of Level 6 felony counterfeiting and Class A misdemeanor resisting law enforcement. Finds the evidence was sufficient to support his conviction.

$156K in damages against business, lawyer in bad-faith litigation upheld

January 14, 2020 | Dave Stafford

A lawyer and his clients who collectively were ordered to pay more than $156,000 in damages and attorney fees after defaulting in a Hamilton County business breach of contract and defamation suit won no relief Tuesday from the Indiana Court of Appeals.

Semi driver in deadly I-465 crash pleads guilty but mentally ill

January 14, 2020 | IL Staff

The semi driver charged in a crash on Interstate 465 last summer that killed three people has agreed to plead guilty but mentally ill to felony reckless homicide and misdemeanor recklessness charges. He could be sentenced to three to nine years.

Bogus $50 bill’s pot purchase can’t snuff out counterfeiting conviction

January 14, 2020 | Dave Stafford

A St. Joseph County man failed to persuade the Indiana Court of Appeals to toss his counterfeiting conviction on his argument that his alleged pot dealer lied to police about how he had received a phony $50 bill.

Suspect killed, 2 SWAT officers injured in Gary shootout

January 14, 2020 | Associated Press

Police fatally shot a suspect Monday after he opened fire and injured two members of a SWAT team who stormed a Gary apartment complex seeking to apprehend him, authorities said.

Indiana House backs no test scores in teacher evaluations

January 14, 2020 | Associated Press

Schools would no longer be required to use student standardized test scores in teacher evaluations under a bill approved by the Indiana House.

 

Indiana House passes $291M surplus spending bill

January 14, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff

The Indiana House has approved a spending bill that uses $291 million in surplus dollars to pay for several capital projects at higher education institutions with cash instead of issuing debt.

Franklin College president ousted after arrest in Wisconsin

January 14, 2020 | Indianapolis Business Journal Staff and Associated Press

Franklin College terminated President Thomas Minar over the weekend after he was arrested in Wisconsin “for use of a computer to facilitate a sex crime, child enticement, and to expose a child to harmful materials/narrations,” the school said Monday afternoon.

Opinions Jan. 13, 2020

January 13, 2020

7th Circuit Court of Appeals
Shanika Day v. Franklin Wooten
19-1930
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil tort. Reverses the denial of qualified immunity to Indianapolis Metropolitan Police Officer Randall Denny and Indianapolis Metropolitan Police Sgt. Franklin Wooten. Finds the officers’ conduct in placing Terrell Day in handcuffs did not violate the teenager’s Fourth Amendment rights even though he complained of not being able to breathe and eventually died in custody. The autopsy report concluded Day’s death was caused in part by having his hands cuffed behind his back, but the appellate panel ruled there is no precedent giving an arrestee the right to not have his hands cuffed behind his back after he complains of difficulty breathing. Remanded for further proceedings.

 

Reversal: Indianapolis police immune in teen’s death linked to handcuffing

January 13, 2020 | Marilyn Odendahl

Despite multiple 7th Circuit decisions finding police at fault for injuring individuals by excessive handcuffing, a panel from the Chicago court has granted qualified immunity to two Indianapolis police officers in the death of a teenager because none of the previous cases specifically give arrestees the right to not be handcuffed after complaining about difficulty breathing.

COA affirms for grandchildren in trust property distribution dispute

January 13, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed for more than a dozen grandchildren in their fight to secure heirship in the distribution of trust property.

2/12 – Lunch at the Bench with Judge Jennifer Harrison (Indianapolis)

Speaker: Hon. Jennifer Harrison, Marion Superior Court Date: Wednesday, February 12, 2020 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Jury room of Marion Superior Court, Criminal Division Court 20 Provider:  Indianapolis Bar Association Contact information: Indianapolis Bar Association 317-269-2000 [email protected] www.indybar.org and click […]

2/6 – The Small Business Reorganization Act of 2019: Duties and Perspectives of the United States Trustee (Indianapolis)

Speaker: Nancy J. Gargula, United States Trustee Date: Thursday, February 6, 2020 Time (local time): 4:00 – 5:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: BMO Conference Center, 135 N Pennsylvania St, 7th Floor Indianapolis, 46204 Provider:  Indianapolis Bar Association Contact information: Indianapolis Bar Association 317-269-2000 [email protected] www.indybar.org and […]

Southern District promotes new clerk from within

January 13, 2020 | IL Staff

The US District Court for the Southern District of Indiana has found a successor to its long-serving clerk, turning to a longtime servant of the court who currently works as its death penalty law clerk. Roger A.G. Sharpe will succeed retiring clerk Laura Briggs effective May 10, Chief Judge Jane Magnus-Stinson said in a press release.

Krupp enters AG race: ‘Time for Hoosiers to hire a new lawyer’

January 13, 2020 | Katie Stancombe

Indiana State Department of Revenue Commissioner Adam Krupp announced Monday he will challenge incumbent Indiana Attorney General Curtis Hill for the Republican Party nomination, saying he will promote “leadership, integrity and results.” Krupp joins a crowded field seeking to topple the embattled AG.

Supreme Court amends rules for senior judges serving as special judge

January 13, 2020 | IL Staff

The Indiana Supreme Court has amended Administrative Rule 5 and its references regarding the qualifications for senior judge status.

Justices turn away appeal of women who went topless at beach

January 13, 2020 | Associated Press

The Supreme Court of the United States is leaving in place the public nudity convictions of three women who removed their bathing suit tops on a New Hampshire beach as part of a campaign advocating for the rights of women to go topless.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

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