Man gets 3 years for firing shots into busy Hobart Walmart
A man who claimed he was acting in self-defense when he fired shots into a busy northwestern Indiana Walmart store has been sentenced to three years in prison.
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Ex-Fair Oaks farm worker gets probation for abusing calves
Edgar Gardozo-Vasquez, 36, is one of three former employees of popular agritourism destination Fair Oaks Farms charged with a misdemeanor for animal cruelty following the release of undercover video showing workers kicking and throwing young calves. He pleaded guilty Monday before being sentenced to probation.
Opinions Dec. 19, 2019
Indiana Supreme Court
American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc., d/b/a HWC Engineering, Inc., Marlin A. Knowles, Jr., Jonathan A. Day, David Lancet, et al.
18S-PL-437
Civil plenary. Affirms the Marion Superior Court, finding it properly denied summary judgment on American Structurepoint, Inc.’s claims of tortious interference and that an issue of material fact remains as to whether Marlin Knowles, Jonathan Day and David Lancet tortiously interfered with their ASI contracts. Holds that the liquidated damages provisions are unenforceable penalties. Remands. Justice Geoffrey Slaughter concurs in part, dissents in part with separate opinion in which Justice Mark Massa joins.
COA: Dealing statute not unconstitutionally vague
A Huntington County man who called the local sheriff and said he “was strung out on meth and to come get him and take it all out of his house,” unsuccessfully argued before the Indiana Court of Appeals that the statute under which he was convicted was unconstitutionally vague.
Paroled killer who asked agent to help find meth pipes loses appeal
A paroled killer who admitted to smoking meth and then asked law enforcement to remove the pipes he smoked from his home so his girlfriend wouldn’t find them did not convince the Indiana Court of Appeals on Thursday that those statements were inadmissible.
COA reverses for father in TPR case, citing ‘no evidence at all’
The termination of a father’s parental rights has been reversed after a panel of the Indiana Court of Appeals found insufficient evidence proved he would threaten the wellbeing of his daughter.
Conviction reversed for would-be drug sale at casino
A man suspected of trying to sell look-alike substances at an Indiana casino has had his drug-related conviction reversed, with the Indiana Court of Appeals finding insufficient evidence to dispel a claim of a Fourth Amendment violation.
Justices split 3-2 on employment noncompete damages, remand case
A divided Indiana Supreme Court has affirmed the denial of summary judgment to an Indianapolis-based civil engineering firm, finding an issue of material fact remains as to whether the firm’s former employees tortiously interfered with their contracts not to recruit.
Trump impeached on charges of abuse of power, obstruction
President Donald Trump was impeached by the U.S. House of Representatives, becoming only the third American chief executive to be formally charged under the Constitution’s ultimate remedy for high crimes and misdemeanors.
Justices could limit job bias lawsuits against churches
| Associated Press and IL Staff
The Supreme Court said Wednesday it will consider expanding protections for churches against job-discrimination claims.
Indiana woman gets 4 years for fatal school bus stop crash
An Indiana woman who plowed her pickup truck into four children, killing three of them, while they crossed a highway to board a school bus was sentenced Wednesday to four years in prison.
Filings show starkly different views of AG Hill’s alleged misconduct
As the parties await a hearing officer’s report in the lawyer discipline case against Indiana Attorney General Curtis Hill, their competing filings urge the hearing officer to take very different views of the underlying sexual misconduct allegations in making her recommendation to the Indiana Supreme Court.
Reversal: Court wrongly denied divorce continuance after counsel withdrew
The Indiana Court of Appeals has reversed the denial of a man’s motion to continue his divorce proceedings after his attorney withdrew as counsel just one day before the case’s final hearing.
Opinions Dec. 18, 2019
7th Circuit Court of Appeals
Timothy Johnson v. Michael Rogers
19-1366
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Affirms the Southern District Court’s finding that police officer Michael Rogers is entitled to qualified immunity. Finds Rogers did not kick Timothy Johnson or otherwise harm him after he was on the ground and that Rogers used his legs to undermine Johnson’s balance and force him down. Also finds Johnson was not under control at the time of the incident and that Rogers’ act was an attempt to regain control.
7th Circuit: Officer who broke resisting arrestee’s leg entitled to qualified immunity
The 7th Circuit Court of Appeals affirmed an Indianapolis police officer is entitled to qualified immunity in a federal civil-rights lawsuit filed after he took down a handcuffed man, fracturing the suspect’s leg in the process.
COA tosses jury verdict in Kokomo land-taking case, slashes damages
A Howard Superior jury’s damages award of $305,600 plus legal fees was voided Wednesday by the Indiana Court of Appeals, which instead ordered the trial court to enter judgment of just $100,000 to owners of property in Kokomo that the city condemned.
Trial court ruling against city to enforce mediation deal reversed
A northern Indiana trial court erred in ordering the city of Plymouth to enforce a mediation settlement agreement to pay a contractor $130,000 because terms of the agreement had not been fulfilled, an appellate panel ruled Wednesday.
COA affirms addition of farmland contractual interests in marital estate
The Indiana Court of Appeals has affirmed the dissolution of a man’s marriage, finding the inclusion of his contractual interests in purchased farmland in the martial estate was not an abuse of discretion.
Americans steadfastly divided over impeachment as vote nears
As the US House of Representatives prepares to take a historic vote on the impeachment of President Donald Trump, the American public is following along, steadfast in its views.
Faegre announces 2020 combination with Drinker Biddle & Reath
Faegre Baker Daniels and Philadelphia-based Drinker Biddle & Reath have officially announced the combination of their law firms following an affirmative vote by the partnerships of both organizations. The announcement comes about a month after murmurs began that such a move was underway.