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CHINS findings for siblings upheld

December 20, 2019 | Olivia Covington

The parents of four children who were all adjudicated as children in need of services have lost their appeal of the CHINS determinations, with the Indiana Court of Appeals dismissing arguments claiming error on the part of the trial court and the Department of Child Services.

Indiana Lawyer’s Leadership in Law 2020 nominations open

December 20, 2019

Nominations for Indiana Lawyer’s Leadership in Law Awards open today. Entries for the 2020 Up and Coming Lawyer and Distinguished Barrister awards will be accepted until noon Friday, Jan. 31, 2020.

What’s next in legal drama over the Affordable Care Act?

December 20, 2019 | Associated Press and IL Staff

The federal appeals court ruling striking down the Affordable Care Act’s requirement that people have health insurance left hanging key questions about what happens to other provisions of the law, like coverage for preexisting conditions. President Barack Obama’s signature health care law remains in legal limbo.

Marion Co. defender Karozos named state public defender

December 20, 2019 | IL Staff

The Indiana Supreme Court has named Amy Karozos as Indiana’s next state public defender, according to a Friday announcement from the high court. Karozos, currently a Marion County public defender in the juvenile division, has previously served as a project director for the Indiana Public Defender Council.

Impeachment trial plans in disarray as Congress heads home

December 20, 2019 | Associated Press

Congress has headed home for the holidays, leaving plans and a possible timeline for President Donald Trump’s impeachment trial in disarray.

Man gets 3 years for firing shots into busy Hobart Walmart

December 20, 2019 | Associated Press

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.

Ex-Fair Oaks farm worker gets probation for abusing calves

December 20, 2019 | Associated Press

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

December 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

December 19, 2019 | Marilyn Odendahl

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

December 19, 2019 | Katie Stancombe

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’

December 19, 2019 | Katie Stancombe

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

December 19, 2019 | Olivia Covington

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

December 19, 2019 | Katie Stancombe

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

December 19, 2019 | Associated Press

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

December 19, 2019 | 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

December 19, 2019 | Associated Press

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  

December 18, 2019 | Olivia Covington

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

December 18, 2019 | Katie Stancombe

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

December 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

December 18, 2019 | Katie Stancombe

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.

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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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