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Opinions Oct. 23. 2019

October 23, 2019

The following 7th Circuit Court of Appeals opinions were issued after IL deadline Tuesday.
USA v. Anthony Shockey
19-1308
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms an order revoking Anthony Shockey’s supervised release and imposing a 15-month prison sentence after he tested positive for methamphetamine. Finds the court could reasonably infer possession from use.

Madison schools must face injured student’s suit, COA rules

October 23, 2019 | Dave Stafford

Madison Consolidated Schools on Wednesday lost an appeal of a summary judgment denial in a lawsuit brought by a former student who was injured in a school bus crash.

Man’s drug convictions tossed for speedy trial rule violation

October 23, 2019 | Dave Stafford

A man who was convicted of drug-dealing charges and sentenced to 12 years in prison won a reversal Wednesday because his trial was wrongly continued when the state could not timely produce lab results. The appellate court noted a lengthy prosecutorial delay in providing the evidence for lab testing was to blame.

Indiana appeals court: BMV can strip California man’s driver’s license

October 23, 2019 | Dave Stafford

A man whose driving privileges were revoked after he moved from Indiana to California had them restored by an Indianapolis trial court, but the Bureau of Motor Vehicles won a reversal of that decision Wednesday.

Chew on this: Positive meth test sufficient to affirm possession

October 23, 2019 | Dave Stafford

A federal offender on supervised release argued that just because he tested positive for meth didn’t mean he had possessed it. The 7th Circuit Court of Appeals had a bite-sized, easy-to-digest ruling Tuesday.

Judgment for hospital affirmed in blood draw after drunken-driving crash

October 23, 2019 | Dave Stafford

A man who was seriously injured in a car crash lost his appeal claiming his Fourth Amendment rights were violated when Fort Wayne hospital staff ordered a blood draw that was provided to police, leading to criminal drunken driving charges.

Hill takes stand in discipline case; ex-colleague recalls crude sexual advances

October 23, 2019 | Olivia Covington

Indiana Attorney General Curtis Hill has taken the stand in his attorney discipline action, beginning testimony Wednesday in a case that could jeopardize his law license. The morning’s testimony also included allegations of unwanted sexual advances Hill made by a former employee of his office when he was Elkhart County prosecutor.

Georgia DA arrests Indiana inmate in 1991 fatal stabbing

October 23, 2019 | Associated Press

A district attorney in Marietta, Georgia, credits her cold case unit for the arrest of a convicted burglar in Indiana in the stabbing of a Georgia woman back in 1991.

Fired Indianapolis Catholic school counselor files lawsuit

October 23, 2019 | Associated Press and IL Staff

A former guidance counselor at an Indianapolis Catholic high school who was fired for being in a same-sex marriage is suing the school and the archdiocese — the second such lawsuit filed by an employee who was fired for the same reason.

Developer files notice to sue Indianapolis, claiming $30M in damages

October 23, 2019 | Mickey Shuey and Indianapolis Business Journal Staff

Ambrose Property Group on Tuesday filed a notice of tort claim with the city of Indianapolis, a legal step that sets the stage for it to sue the city over its effort to force the developer to sell it the former General Motors stamping plant site west of downtown.

Bosma, Long recall conversations with Hill about sexual misconduct allegations

October 22, 2019 | Olivia Covington

House Speaker Brian Bosma recalled a May 2018 meeting with then-Senate President Pro Tempore David Long. In Long’s office, Bosma said he had something to tell him. Long stopped him – “Is it Curtis Hill?” Both Bosma and Long testified Tuesday afternoon in Indiana Attorney General Curtis Hill’s disciplinary hearing.

Indiana sues distributors in opioid epidemic

October 22, 2019 | Marilyn Odendahl

One day after three opioid distributors reached a $260 million tentative settlement with two Ohio counties, Indiana Attorney General Curtis Hill filed a lawsuit also seeking damages from the same three companies, AmerisourceBergen Drug Corp., Cardinal Health and McKesson Corp.

Opinions Oct. 22, 2019

October 22, 2019

Indiana Court of Appeals
Andrew Patrick v. Painted Hills Association, Inc.
19A-SC-936
Small claims. Affirms Morgan Superior Court rulings in favor of Painted Hills Association, Inc., seeking to enforce restrictive covenants and collect unpaid dues for 2017 and 2018 against Andrew Patrick, who obtained tax deeds to three unimproved properties in the neighborhood. Holds statutes are unambiguous and the restrictive covenants survive the tax sale. The court did not err in ruling for the association or denying Patrick’s motion to correct error.

Faegre team’s gerrymandering win vacated by U.S. Supreme Court

October 22, 2019 | Marilyn Odendahl

The fight over Michigan’s redistricting, litigated in part by a team from the Indianapolis office of Faegre Baker Daniels, ended Monday with an order from the U.S. Supreme Court vacating a lower court’s ruling that gerrymandering based on political affiliation violates the Constitution.

Federal grant fueling project to lower recidivism in Marion County

October 22, 2019 | IL Staff

With more a third of the individuals from Marion County returning to incarceration within a year of being released, the city of Indianapolis is using a $1 million federal grant to launch a new three-year project to reduce the recidivism rate and improve outcomes.

Nurse pleads guilty in Medicaid fraud case

October 22, 2019 | IL Staff

An Indiana nurse was sentenced to three years, with most of the time suspended, for multiple counts of forgery and ordered to pay nearly $8,000 in restitution to the Indiana Medicaid Program as part of plea agreement reached in Marion Superior Court.

Transgender man wins appeal after judge denies gender-marker change

October 22, 2019 | Dave Stafford

A transgender man who was granted a name change but denied his petition for a gender-marker change won on appeal Tuesday, with the Indiana Court of Appeals finding the trial court lacked sufficient cause to deny the petition.

Man who killed officer in hit-and-run loses appeal for driver’s license

October 22, 2019 | Dave Stafford

A Lake County man convicted in a hit-and-run that killed a correctional officer and injured three others in 2012 will not be getting his driver’s license back anytime soon, the Indiana Court of Appeals ruled Tuesday.

Convicted molester loses appeal over barred internet search history

October 22, 2019 | Dave Stafford

A man convicted and sentenced to 40 years in prison for molesting his 11-year-old daughter failed to convince the Indiana Court of Appeals that evidence of sexual internet searches he attributed to the victim was wrongly excluded from his trial.

Pro se litigant’s bid to elude HOA fees after tax sale fails on appeal

October 22, 2019 | Dave Stafford

A man who bought Morgan County properties at a tax sale that were subject to a homeowners association failed to convince the Indiana Court of Appeals on Tuesday that he was wrongly ordered to pay delinquent association dues.

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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

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Marion County judge blocks state’s near-total abortion ban in religious freedom case

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