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UPDATE: Former Celadon COO, CFO indicted on multiple fraud charges

December 5, 2019 | Indianapolis Business Journal Staff and Susan Orr, Indianapolis Business Journal

The former chief operating officer and chief financial officer of Indianapolis-based trucking firm Celadon Group Inc. have been indicted for their alleged roles in what the U.S. Department of Justice describes as a “complex securities and accounting fraud scheme that resulted in a loss of more than $60 million in shareholder value.”

Opinions Dec. 5, 2019

December 5, 2019

Indiana Court of Appeals
Jennifer L Hall v. State of Indiana
19A-CR-203
Criminal. Reverses Jennifer Hall’s conviction of Level 4 felony aiding, inducing, or causing dealing in a narcotic drug. Finds insufficient evidence to support her conviction pursuant to Indiana Code § 35-48-4-1(c)(2). Remands with instructions to vacate Hall’s Level 4 felony conviction enter a judgment of conviction for Level 5 felony dealing and resentence her accordingly.

Trump asks Supreme Court to void financial records subpoena

December 5, 2019 | Associated Press

President Donald Trump asked the Supreme Court on Thursday to void a subpoena from the House of Representatives that seeks the president’s financial records from his accounting firm.

Archdiocese claiming church autonomy in defense of teacher firing

December 5, 2019 | Marilyn Odendahl

Declaring the courts have no jurisdiction over church doctrine, the Archdiocese of Indianapolis will be in Marion Superior Court next week, arguing for the dismissal of a lawsuit brought by a teacher who was fired from his position at Cathedral High School because he is in a same-sex marriage.

Teacher pay, health care costs to feature in 2020 legislative debate

December 5, 2019 | Olivia Covington

With the start of the 2020 legislative session about a month away, party leaders are formulating their plans for the short session, with teacher pay continuing to be a point of contention.

Reversal: Dealing narcotics conviction not supported by sufficient evidence

December 5, 2019 | Katie Stancombe

The Indiana Court of Appeals has reversed a woman’s felony conviction for dealing narcotics, finding there was insufficient evidence to prove she committed the crime.

4th Amendment argument fails in fatal hit-and-run case

December 5, 2019 | Katie Stancombe

A man could not convince an appellate panel that his Fourth Amendment rights were violated when his vehicle was towed without a warrant in an investigation of a deadly hit-and-run.

Burglary conviction upheld in dispute over pet cats

December 5, 2019 | Katie Stancombe

A man who battered and blinded another man for sending his pet cats to an animal shelter lost his appeal of his felony burglary conviction Wednesday.

Across Capitol Hill, impeachment saga shifts

December 5, 2019 | Associated Press

A different chairman. A committee twice the size. A shift from evidence to law. Wednesday’s Judiciary Committee hearing was full of signs that the impeachment of President Donald Trump is advancing away from the drama of his Ukraine conduct toward the grave business of approving charges against him.

Judge: Indianapolis can’t use eminent domain for Waterside during legal fight with Ambrose

December 4, 2019 | Indianapolis Business Journal Staff and Mickey Shuey

The city of Indianapolis was told Wednesday by a judge that it can’t begin eminent domain proceedings on the former GM stamping plant site until its ongoing legal dispute with development firm Ambrose Property Group has been resolved.

Opinions Dec. 4, 2019

December 4, 2019

Indiana Court of Appeals
Joseph Hipps and Eugene Protz v. Biglari Holdings, Inc., Sardar Biglari, Philip L. Cooley, Ruth J. Person, Kenneth R. Cooper, James P. Mastrian, BH Merger Company, and NBHSA, Inc.
19A-CT-101
Civil tort. Affirms the Hamilton Superior Court’s grant of a motion to dismiss filed by Biglari Holdings, BH Merger Company, NBHSA Inc., Sardar Biglari and other members of the Biglari Holdings board of directors against. Finds the Hamilton Superior Court properly dismissed the shareholders’ complaint.

Dismissal upheld in Steak ‘n Shake parent shareholder dispute

December 4, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed the grant of a motion to dismiss a lawsuit stemming from a shareholder dispute involving the parent company of Steak ‘n Shake.

Trespass conviction overturned for man banned from government building

December 4, 2019 | Olivia Covington

A trespassing conviction has been vacated for a man who was banned from the Evansville government complex, with the Indiana Court of Appeals addressing first-impression issues of whether outright bans from public buildings are permissible.

Tax Court finds assessment properly included land

December 4, 2019 | Marilyn Odendahl

A tenant leasing 31,000 square feet for the operation of five restaurants on the ground level of a parking garage owned by the city of Indianapolis found the Indiana Tax Court had no appetite for the argument that the lease included only the building and not the land underneath.

Vanderburgh Co. man loses appeal of sexual misconduct convictions, sentence

December 4, 2019 | Katie Stancombe

A southern Indiana man sentenced to 15 years after being convicted of sexual misconduct with two teenage girls failed to find relief at the Indiana Court of Appeals.

Phone sex operator wins partial victory on appeal

December 4, 2019 | Olivia Covington

A former phone sex operator who sued the government after she was allegedly fired from a National Guard volunteer position has won partial victory at the 7th Circuit Court of Appeals, which found that a book the woman wrote about her phone sex conversations was “clearly protected speech.”

Holcomb, labor officials insist Amazon death investigation handled properly

December 4, 2019 | Lindsey Erdody and Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb and the Indiana Department of Labor insist that the investigation into an Amazon employee’s death in 2017 was handled appropriately, even though the safety violations that were initially issued were eventually dismissed. Reveal, part of the not-for-profit Center for Investigative Reporting, recently highlighted the investigation as part of a report on […]

US seeks high court permission to resume federal executions

December 4, 2019 | Associated Press and IL Staff

The Trump administration asked the Supreme Court on Monday for permission to begin executing federal inmates as soon as next week. The Justice Department said in a filing late Monday that lower courts were wrong to put the executions on hold. 

House report: Trump misused power, obstructed Congress

December 4, 2019 | Associated Press

President Donald Trump seriously misused the power of his office for personal political gain by seeking foreign intervention in the American election process and obstructed Congress by stonewalling efforts to investigate, a House report released Tuesday  concluded in findings that form the basis for possible impeachment.

4 charged in slaying of man whose body was found in Lake Station lake

December 4, 2019 | Associated Press

A man has been charged with murder in the stabbing death of a man and three others were charged with helping take the body to a northwest Indiana lake and throwing it into the water.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

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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