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Elkhart family files negligence lawsuit in mother’s death

December 24, 2019 | Associated Press

The children of a woman who was fatally shot by a fellow resident of a northern Indiana apartment complex are suing the apartment’s management company, alleging that it failed to protect their mother from the gunman despite knowing of his “peculiar and abhorrent behavior.”

 

Man fatally shot by Evansville police

December 24, 2019 | Associated Press

A southern Indiana man was fatally shot by a police officer over the weekend after refusing to drop a handgun, police said

NIPSCO paying $1 million fine over hiring complaint

December 24, 2019 | Associated Press

A major Indiana utility company has agreed to pay a $1 million fine in settling a federal complaint that it discriminated against some 1,500 female or black job applicants.

 

McConnell not ruling out witnesses in impeachment trial

December 24, 2019 | Associated Press

Senate Majority Leader Mitch McConnell said Monday that he was not ruling out calling witnesses in President Donald Trump’s impeachment trial — but indicated he was in no hurry to seek new testimony either — as lawmakers remain at an impasse over the form of the trial by the GOP-controlled Senate.

Opinions Dec. 23, 2019

December 23, 2019

Indiana Court of Appeals
Antonio Buford v. State of Indiana
19A-CR-956
Criminal. Vacates the Marion Superior Court’s contempt finding against Antonio Buford on double jeopardy concerns but affirms his 2 ½ – year sentence in community corrections for his conviction of domestic battery. Finds no abuse of the trial court’s discretion in its sentencing of Buford.

Appellate court: Minor not ‘Indian child’ under ICWA

December 23, 2019 | Katie Stancombe

A father who argued his daughter was an Indian child under federal law during a termination of parental rights battle lost his appeal of the termination Monday, when the Indiana Court of Appeals upheld a ruling finding that the child’s tribe was not registered with the United States government.

COA vacates contempt finding in domestic battery case

December 23, 2019 | Katie Stancombe

Double jeopardy concerns led the Indiana Court of Appeals to vacate a contempt finding against a man facing a domestic battery charge, though his related domestic battery sentence was upheld.

‘Ministerial exception’ discovery motion fails in lawsuit against Indianapolis Archdiocese

December 23, 2019 | Katie Stancombe

A motion in a lawsuit against the Indianapolis Archdiocese to limit discovery to the question of whether a fired gay counselor falls under the First Amendment’s “ministerial exception” has been defeated in “close call” in Indiana federal court.

Public comments sought on proposed changes to bar exam

December 23, 2019 | Marilyn Odendahl

With a special study commission having finished its review and submitted its recommendations for updating the Indiana Bar Exam, the Indiana Supreme Court is now asking for public comment about the proposed changes.

Holcomb opts in to accepting refugees

December 23, 2019 | Lindsey Erdody and Indianapolis Business Journal Staff

Gov. Eric Holcomb is giving the green light for federal officials to continue placing refugees in Indiana, following in the footsteps of a growing group of both Democratic and Republican governors who are opting in to the federal program. The move comes after President Donald Trump issued an executive order in September that, for the first time, required states and local government to provide written consent to continue to receive even a handful of the 26 million refugees worldwide.

Inside impeachment: How an ‘urgent’ tip became ‘high crimes’

December 23, 2019 | Associated Press

By the time lawmakers streamed into the House chamber last Wednesday to vote on impeachment for just the third time in American history, each side was more hardened in its belief that it was in the right. This account of how they got there is based on interviews with 21 people directly involved in the matter.

Well-known Catholic educator charged in cafeteria incident

December 23, 2019 | Associated Press

An administrator at a Catholic high school in Indianapolis has been charged with a misdemeanor in a dispute with a 14-year-old student in the cafeteria. Students told police that Bob Tully of Roncalli High School put a choke hold on a student during a dispute over a food spill on Dec. 6.

South Bend OKs random inspections for body camera footage

December 23, 2019 | Associated Press

A new policy adopted in the wake of a black man’s fatal shooting by a white South Bend police officer calls for random inspections of officers’ body camera footage and for officers to state a reason before they end a recording.

Pair could face new charges in Tippecanoe County neglect case

December 23, 2019 | Associated Press

Prosecutors are looking to file four additional charges against an Indiana couple accused of abandoning their adopted daughter. Michael and Kristine Barnett, who were charged in September with two counts of neglect of a dependent, now possibly face six to 20 years in prison if convicted.

Police: Gunman in standoff with officers in Indiana dies

December 23, 2019 | Associated Press

A 44-year-old man has died following a shootout with police in eastern Indiana. John Resetar died at a hospital after officers found him Friday evening wounded and unconscious in his Lynn home.

Opinions Dec. 20, 2019

December 20, 2019

Indiana Court of Appeals
Jonathan Stanley Belcher v. State of Indiana
19A-CR-00830
Criminal. Affirms Jonathan Belcher’s guilty but mentally ill convictions for two counts of Level 3 felony aggravated battery and one count each of Class B misdemeanor battery and Class A misdemeanor resisting law enforcement, the finding that he is a habitual offender, and his aggregate 53-year-and-180-day sentence. Finds sufficient evidence that Belcher appreciated the wrongfulness of his actions. Also finds no abuse of discretion at sentencing. Finally, finds the sentence is not inappropriate given the nature of his offenses and his character.

State expecting to bring in more revenue than previously estimated

December 20, 2019 | Lindsey Erdody and Indianapolis Business Journal Staff

The state is expecting an additional $531 million in revenue over the next biennium, according to a forecast released Friday. The revenue forecast shared with the State Budget Committee predicted an increase of $239 million and $292 million in 2020 and 2021, respectively, from the previous forecast released in April.

Boost in LSC funding likely to bring more dollars to Indiana

December 20, 2019 | Marilyn Odendahl

The federal budget bill passed by the U.S. Senate Thursday and headed for the president’s signature includes $440 million for the Legal Services Corp., which is expected to translate into more than $400,000 in additional support to Indiana Legal Services.

Involuntary commitment affirmed for ‘gravely disabled and dangerous’ man

December 20, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed the involuntary temporary commitment for a man found to be gravely disabled and dangerous to himself and others, finding clear and convincing evidence supported the finding.

COA upholds GBMI ruling in deadly Monument Circle attack

December 20, 2019 | Katie Stancombe

A man found guilty but mentally ill of a Monument Circle attack that left one person dead has lost his appeal of his convictions and sentence, including his appeal of the finding that he could appreciate the wrongfulness of his conduct.

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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

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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