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Suspended lawyer accused of thefts from disabled clients jailed on warrant

January 21, 2020 | Dave Stafford

A suspended Greenwood lawyer accused of stealing hundreds of thousands of dollars from disabled and injured clients whose special-needs trusts he established and then allegedly used for his own purposes is in jail in Muncie, where he may remain until standing trial on criminal charges around the state. Kenneth “Shane” Service, 46, was booked into the Delaware County Jail on Thursday, according to jail records.

Supreme Court rejects fast-track review of health care suit

January 21, 2020 | Associated Press

The Supreme Court refused Tuesday to consider a fast-track review of a lawsuit that threatens the Obama-era health care law, making it highly unlikely that the justices would decide the case before the 2020 election.

Trump impeachment trial to begin with rules fight, long days

January 21, 2020 | Associated Press

President Donald Trump’s impeachment trial is set to unfold at the Capitol, a contentious proceeding over whether to remove him from office for pressuring Ukraine to investigate his Democratic rivals and obstructing Congress’ ensuing investigation. As the Senate reconvenes with Chief Justice John Roberts presiding, a first test will come midday Tuesday when the session gavels open to vote on Senate Majority Leader Mitch McConnell’s proposed rules for debate.

Miami County seeks to overturn dam repairs ruling

January 21, 2020 | Associated Press

A northern Indiana county is seeking to overturn a court ruling that puts it on the hook for costly repairs to six aging dams in a lake-filled subdivision. Miami County is challenging a Marion County judge’s August ruling which found that the Indiana Department of Natural Resources had the authority to require property owners and Miami County to fix the dams at the Hidden Hills subdivision.

Judge calls Notre Dame’s third try at avoiding contraceptive mandate ‘absurd’

January 20, 2020 | Marilyn Odendahl

At times describing the defendants’ argument as bordering “on the absurd” and noting the policies are already causing injury, the Northern District of Indiana has blocked another attempt by the University of Notre Dame and federal agencies to limit women students’ access to contraceptives.

Opinions Jan. 20, 2020

January 20, 2020

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday.
Thomas Censke v. USA
18-2695
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the holding that Thomas Censke’s administrative complaint under the Federal Tort Claims Act was not filed until it was received and therefore untimely. Finds the prison mailbox rule applies to a prisoner’s administrative complaint under the Federal Tort Claims Act and that mail is filed upon being placed in the prison’s mail. Thus, finds Censke’s claim was timely filed.

Successor sought for retiring Vanderburgh Superior judge

January 20, 2020 | IL Staff

Lawyers in southwest Indiana who would like to be considered for appointment to the Vanderburgh Superior Court bench have a few weeks remaining to make their interest known to Gov. Eric Holcomb, who will select the successor for a longtime jurist.

7th Circuit reverses Indiana prison mailbox untimeliness ruling

January 20, 2020 | Katie Stancombe

A federal prisoner who struggled to file an administrative complaint through the prison mail system and was denied his complaint due to untimeliness has won a reversal from the 7th Circuit Court of Appeals. The 7th Circuit concluded that the complaint was filed the moment it was placed in the prison’s mail and not upon its receipt.

7th Circuit affirms Indianapolis man’s robbery convictions

January 20, 2020 | Katie Stancombe

A man found guilty of robbing three Indianapolis beauty stores and attempting to rob another could not convince the 7th Circuit Court of Appeals that there wasn’t enough evidence to support his convictions, or that one did not qualify as a crime of violence under the Hobbs Act.

Public forum to push for lead legislation as bills stall

January 20, 2020 | IL Staff

With the deadline looming in the Statehouse for bills to pass through committee, the Greater Indianapolis NAACP Branch #3053 is sustaining the pressure on the Legislature to address the risks of lead poisoning in children.

Former Carmel insurance firm employee charged with embezzling $2.1M

January 20, 2020

A former employee of Carmel-based Seven Corners Inc. has been indicted on a wire fraud charge for what prosecutors describe as a multiyear scheme that embezzled $2.1 million from the travel insurance company.

Indiana lawmaker seeking end of state’s US Senate primaries

January 20, 2020 | Associated Press

A Republican state senator is pushing for the elimination of Indiana’s primary elections for U.S. Senate and proposing that political parties select candidates at conventions.

Proposed Indiana law would limit Lake Michigan beach access

January 20, 2020 | Associated Press and IL Staff

Indiana lawmakers are considering a bill that would undo a landmark Indiana Supreme Court ruling that affirmed that the shoreline of Lake Michigan is unquestionably owned by the state and held in trust for use by all residents.

Owner of duck boat that sank, killing 17, settles final lawsuit

January 20, 2020 | Associated Press

The owner of a tourist duck boat that sank in a Missouri lake, killing 17 people including nine members of an Indiana family, has settled its final pending lawsuit for an undisclosed amount.

Crimes? Impeachment prosecutors, defense lay out arguments

January 20, 2020 | Associated Press

President Donald Trump’s defense team and the prosecutors of his impeachment are laying out their arguments over whether his conduct toward Ukraine warrants his removal from office.

 

7th Circuit: Birth certificates should list both mothers in same-sex marriages

January 17, 2020 | Marilyn Odendahl

Nearly three years after oral arguments, the 7th Circuit Court of Appeals has issued a ruling in Indiana’s same-sex birth certificate case by following what the U.S. Supreme Court said to do — find in favor of the mothers.

Opinions Jan. 17, 2020

January 17, 2020

Indiana Court of Appeals
Shannon Gehlhausen, et al. v. Indiana Foundation Service, Inc.
19A-CT-00842
Civil tort. Affirms the Hamilton Superior Court’s grant of summary judgment to Indiana Foundation Service, Inc. Finds Shannon and Brandon Gehlhausen have failed to present a different account of events that would require a resolution by a trier of fact.

COA affirms for foundation company in warranty dispute

January 17, 2020 | Katie Stancombe

A Hoosier foundation services company that secured a ruling against new homeowners in a warranty dispute stemming from issues with leaking basement wall prevailed Friday in the Hamilton County homeowners’ appeal.

Boyer, first female Allen County judge, announces retirement  

January 17, 2020 | IL Staff

Judge Nancy Eshcoff Boyer, a longtime judge and the first woman jurist in Allen County, has announced her retirement from the bench after nearly 30 years of service. “Allen County is a better and more compassionate place because Judge Boyer chose a career in public service,” one colleague said.

Retention process to begin for Marion Superior judges

January 17, 2020 | IL Staff

Applications are now available for incumbent Marion Superior trial court judges who wish to stand for retention this year. Members of the Marion County Judicial Selection Committee announced they will gather next month to review procedures for the retention of judges in Marion County trial courts for the 2020 election cycle.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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