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Civil penalties imposed on Imperial Petroleum fraudster upheld

November 11, 2019 | Katie Stancombe

A man hired to artificially inflate an Indiana oil company’s stock has lost his appeal at the 7th Circuit Court of Appeals after the federal court concluded the extent of his cooperation and whistleblower activities was adequately assessed when he was issued more than $1.5 million in civil penalties.

2019 report finds Hoosiers continuing to avoid ballot box

November 11, 2019 | IL Staff

With the release of the fourth measurement of Indiana’s civic engagement, the authors are providing an outline of strategies for expanding civic education programs and improving voting rates. The recommendations in the 2019 Indiana Civic Health Index come as the Hoosier State continues to rank in the bottom 10 of all states on voting and in the bottom third on voter registration.

Lawyer facing fraud, theft charges suspended for noncooperation

November 11, 2019 | Dave Stafford

A law firm name attorney in a northern Indiana county seat community who is facing multiple felony fraud and theft charges has been suspended from the practice of law after he failed to sufficiently respond to four ethics investigations by the Indiana Supreme Court Disciplinary Commission.

Dow Agro lawsuit accuses employees of stealing secrets before quitting

November 11, 2019 | John Russell and Indianapolis Business Journal Staff

Dow AgroSciences LLC is crying foul, saying two former employees downloaded thousands of files of valuable and confidential information in the days leading up to their resignations, amounting to theft of company property and a violation of their non-disclosure and non-competition agreements.

What’s coming in impeachment: The inquiry goes public

November 11, 2019 | Associated Press

For only the fourth time in U.S. history, the House of Representatives has started a presidential impeachment inquiry. Here’s a quick forecast of what’s coming this week.

Justices take up high-profile case over young immigrants

November 11, 2019 | Associated Press

The Supreme Court is taking up the Trump administration’s plan to end legal protections that shield 660,000 immigrants from deportation, a case with strong political overtones amid the 2020 presidential election campaign.

Inmate who spent 4 years in solitary gets $425K settlement

November 11, 2019 | Associated Press

An Indiana inmate who says he spent four years in solitary confinement will receive a $425,000 settlement.

Opinions Nov. 8, 2019

November 8, 2019

The following Indiana Tax Court opinion was posted after IL deadline Thursday.
McClain Museum, Inc. v. Madison County Assessor
18T-TA-1
Tax. Affirms the Indiana Board of Tax Review’s final determination that the Anderson McClain Museum’s property did not qualify for an educational purposes exemption, and reverses the board’s determination that the museum’s property did not qualify for a charitable purposes exemption. Finds the museum has made no showing that it conducts educational services, training or coursework related to military history, or that the state’s burden to provide military history education is relieved or would be increased if it were not for the museum. Also finds the museum’s ownership, occupation and use of its property convey a gift for the benefit of the general public that is charitable in nature. Finally, finds evidence contained in the administrative record supports the Tax Court’s finding that the museum’s property is eligible for a 75% exemption. Remands to the Indiana board to ensure the Madison County Assessor complies with the Tax Court’s instructions.

Justices reverse grant of transfer in teen murder case following oral arguments

November 8, 2019 | IL Staff

Just hours after hearing oral arguments on the merits in a murder case from 2000, the Indiana Supreme Court reversed its decision to assume jurisdiction over the case.

COA heads to Adams Co. to hear hit-and-run case

November 8, 2019 | IL Staff

The Indiana Court of Appeals will travel northeast next week to hear arguments in a case involving a man charged in a fatal hit-and-run.

Indiana sees huge jump in sports betting with boost from mobile wagering

November 8, 2019 | Indianapolis Business Journal Staff and Lindsey Erdody

Hoosiers wagered nearly $92 million on sports in October — the first month that mobile bets were accepted — according to numbers released Friday by the Indiana Gaming Commission.

Evansville officer resigns 2 months after fight where man died

November 8, 2019 | Associated Press

A southwestern Indiana police officer has resigned nearly two months after a Pennsylvania man died following a fight with police. Evansville police spokesman Officer Phil Smith said Thursday that Trevor Koontz’s resignation was voluntary.

Fort Wayne attorney becomes Indiana Chamber board leader

November 8, 2019 | IL Staff

A Fort Wayne attorney has taken the helm of the Indiana Chamber of Commerce as the leader of its board of directors. The partner in Faegre Baker Daniels’ Fort Wayne office will serve a one-year volunteer term.

Senators seeking applications after Springmann announces senior status

November 8, 2019 | IL Staff

Indiana’s senators are taking applications for an upcoming judicial vacancy after Northern District Court Chief Judge Theresa Lazar Springmann announced she will soon take senior status.

Tax Court: Military museum not entitled to educational exemption

November 8, 2019 | Katie Stancombe

The Indiana Tax Court has affirmed an Indiana Board of Tax Review’s final determination that a Madison County nonprofit military museum does not qualify for an educational purposes exemption, though the court did find a charitable exemption is applicable.

House impeachment inquiry becomes teachable moment across US

November 8, 2019 | Associated Press

The House impeachment inquiry into Trump’s dealings with Ukraine has become a teachable moment in classrooms around the country as educators incorporate the events often hundreds of miles away in Washington into their lesson plans.

Court to rehear law on adoptions of Native American children

November 8, 2019 | Associated Press

A federal appeals court announced Thursday that it will take a second look at an emotionally fraught lawsuit governing the adoption of Native American children. Texas, Indiana and Louisiana have also joined the lawsuit, siding with the would-be adoptive families.

Gary official charged with kidnapping teen after car theft

November 8, 2019 | Associated Press

The president of the Gary City Council faces charges alleging he kidnapped a 14-year-old boy he believed was involved in stealing his car. Ronald Brewer was charged Thursday with kidnapping, criminal confinement and intimidation.

Judge orders Trump to pay $2M for charity foundation misuse

November 7, 2019 | Associated Press

A New York judge on Thursday ordered President Donald Trump to pay $2 million to an array of charities to resolve a lawsuit alleging he misused his own charitable foundation to further his political and business interests.

 

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.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

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