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Opinions Nov. 7, 2019

November 7, 2019

Indiana Court of Appeals
Toby Lewis Webster v. State of Indiana (mem. dec.)
19A-CR-683
Criminal. Affirms Toby Webster’s conviction of Level 3 felony armed robbery. Finds sufficient evidence to support Webster’s armed robbery conviction because the victim testified Webster used a knife to stab him and then stole his van. Finds the Marion Superior Court improperly merged the battery with a deadly weapon count and the armed robbery count in violation of Indiana’s prohibition against double jeopardy. Reverses Webster’s conviction of Level 5 felony battery by means of a deadly weapon. Remands for the trial court to vacate the improperly merged battery conviction.

Law change cuts award in uniform rental wage deduction class action

November 7, 2019 | Katie Stancombe

The Southern District Court has reduced an award of attorney fees to a plaintiff class in a fight against a car parts manufacturer after a retroactive wage-reduction law went into effect earlier this year.

Justices weigh murder case from 2000 involving 15-year-old

November 7, 2019 | Katie Stancombe

A decades-old murder case was considered by the Indiana Supreme Court on Thursday during oral arguments where parties debated whether the former teen defendant was prejudiced by his counsel’s failure to present mitigating evidence about his mental illness at the time of the offense.

Justices seem uncertain about reach of Clean Water Act

November 7, 2019 | Associated Press

The United States Supreme Court seems uncertain about how to decide a closely watched case from Hawaii about the reach of landmark federal clean-water protections.

State drug czar McClelland announces retirement

November 7, 2019 | Samm Quinn and Indianapolis Business Journal Staff

The state’s first drug czar is retiring, and his deputy director will replace him. Jim McClelland, who was appointed the state’s executive director for drug prevention, treatment and enforcement in January 2017, announced his retirement Thursday.

Former bouncer found guilty of murdering bartender

November 7, 2019 | Associated Press and IL Staff

A jury in Valparaiso has convicted a man of murder for fatally stabbing a female bartender at the tavern where he worked as a bouncer.

Convicted killer’s suit alleging attack by guard proceeds

November 7, 2019 | Dave Stafford

An Indiana prison inmate’s lawsuit alleging corrections officers attacked him and then marched him naked down the range at Indiana State Prison to humiliate him may proceed in large part, a federal judge has ruled.

St. Joseph County settles mistreatment suit by ex-jail inmate

November 7, 2019 | Associated Press

A northern Indiana county has settled for $2,000 a lawsuit filed by former jail inmate who alleged he was improperly treated.

Woman’s death at Indianapolis church building called a homicide

November 7, 2019 | Associated Press

Police in Indianapolis say the death of a woman at a Catholic church building has been ruled a homicide.

Indiana town looks at ordinance after woman is killed by python

November 7, 2019 | Associated Press

The Benton County town of Oxford is considering restrictions on certain snakes after a woman was strangled by an 8-foot-long python in a house full of snakes.

Opinions Nov. 6, 2019

November 6, 2019

Indiana Court of Appeals
Benjamin S. Smith v. Franklin Township Community School Corporation
19A-CT-1244
Civil tort. Reverses the Marion Superior Court’s denial of Benjamin Smith’s motion to reinstate his negligence complaint against the Franklin Township Community School Corporation. Finds the Claims Against Public Schools Act does not apply to Smith’s claim against the school. Remands with instructions to reinstate Smith’s tort claim.

Indy Bond Bank recognized for Community Justice Center bonds

November 6, 2019 | IL Staff

The Indianapolis Local Public Improvement Bond Bank has been announced as one of 10 regional winners of the 2019 “Deal of the Year” award for its achievement in municipal finance and is also a finalist for the national Deal of the Year Award. As the Midwest region winner, the Indianapolis Bond Bank was selected for its $625 million issuance of bonds for the new Community Justice Campus being built in the Twin Aire neighborhood southeast of downtown Indianapolis.

Lawyers exiting Indiana’s congressional delegation

November 6, 2019 | Marilyn Odendahl

Rep. Pete Visclosky’s decision to retire from the U.S. Congress after 35 years will create the possibility that Indiana’s delegation in the House of Representatives will not include an attorney.

Justices to hear arguments in juvenile murder case

November 6, 2019 | IL Staff

The Indiana Supreme Court is set to hear oral arguments Thursday in a decades-old murder case considering whether the defendant was prejudiced by his counsel’s failure to present mitigating evidence about his mental illness at the time of the crime.

After SCOTUS ruling, 7th Circuit denies compulsory fees refund to non-union member

November 6, 2019 | Olivia Covington

Despite a Supreme Court ruling making mandatory union fees for non-member public employees illegal, the 7th Circuit Court of Appeals has declined to award a fee refund to the named plaintiff in a landmark labor law case.

Reversal: COA reinstates negligence action against school district

November 6, 2019 | Katie Stancombe

The Indiana Court of Appeals has reinstated a man’s negligence claim against a school corporation after one of its school buses collided with the man’s vehicle, leaving him injured.

Justices struggle with copyright case involving Blackbeard’s pirate ship

November 6, 2019 | Associated Press

The Supreme Court is wrestling with a modern-day dispute involving the pirate Blackbeard’s ship that went down off North Carolina’s coast more than 300 years ago. The justices on Tuesday heard arguments in a copyright case over photos and videos that document the recovery of the Queen Anne’s Revenge, discovered in 1996.

Indiana post office worker gets 90 months in prison for robbery

November 6, 2019 | Associated Press

A Postal Service employee convicted of plotting an armed robbery at a Gary post office has been sentenced to more than seven years in prison. Tanisha Banks of Merrillville appeared in federal court Tuesday, one of three people convicted in the 2017 robbery.

Democratic mayors win reelection in Indianapolis, Fort Wayne

November 6, 2019 | Associated Press

The Democratic mayors of Indianapolis and Fort Wayne cruised to big victories in Tuesday’s local elections, denying Republicans their hopes of capturing leadership in either of Indiana’s largest cities.

Harrison home as polling site sets national example

November 5, 2019 | Marilyn Odendahl

It is fitting that a spot where hundreds of thousands of people once gathered to hear a Hoosier candidate for the White House speak is now a place where Marion County voters can cast their ballots. The Benjamin Harrison Presidential Site opened its doors early Tuesday to help facilitate the fundamental activity of representational democracy.

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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

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  • 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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