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Opinions Sept. 12, 2019

September 12, 2019

Indiana Court of Appeals
William Hedrick v. State of Indiana
18A-CR-01945
Criminal. Grants William Hedrick’s petition for rehearing to correct errors in the Indiana Court of Appeals’ original opinion. Reaffirms the original opinion in all other respects, holding the erroneous admission of the Drug Enforcement Administration agent’s deposition testimony was harmless.

State cannot overcome calendar in appeal of suppression order

September 12, 2019 | Marilyn Odendahl

Although the state was able to get a trial court to reconsider the suppression of cellphone evidence in a rape trial, it could not convince the Indiana Court of Appeals that its pursuit of an interlocutory appeal was timely.

 

Ethics: The Latest Issues You Need to Know

Presented in Partnership with   MODERATOR Jack Stark Barnes & Thornburg LLP PRESENTERS James Bell Pagenelli Law Group, Program Chair Meg Christensen Bingham Greenebaum Doll LLP Mike Witte Executive Director, Indiana Disciplinary Commission No refund will be given for cancellations received after the RSVP date. Questions? Contact Karen Aruta • (317) 472-5201 • [email protected]

Despite fact dispute, estate must sue psychiatric center under Med-Mal Act

September 12, 2019 | Olivia Covington

Though there is a dispute about who initiated an altercation between a psychiatric patient and his care provider that led to the patient’s death, the factual dispute does not change an earlier Indiana Court of Appeals determination that a wrongful death claim brought by the patient’s estate is subject to the Medical Malpractice Act.

Lack of endangerment reverses public intoxication conviction

September 12, 2019 | Katie Stancombe

A man’s public intoxication conviction has been reversed after he successfully argued to the Indiana Court of Appeals that his life was not endangered by being drunk next to an Indianapolis street.

Rehearing is little relief for convicted Muncie pain clinic doctor

September 12, 2019 | Katie Stancombe

A Muncie pain clinic doctor convicted of forgery and prescription-related offenses had his petition for rehearing granted Thursday. However, the Indiana Court of Appeals held that while testimony admitted from a Drug Enforcement Administration agent was in error, it was harmless.

Justices order state courts to adopt security plans 

September 12, 2019 | IL Staff

Changes have been made to Indiana’s court security rules, adding new language that addresses individual court security plans.

Biased juror’s seating reverses post-conviction ruling on rehearing

September 12, 2019 | Dave Stafford

An Indiana Court of Appeals panel admitted it erred in a prior post-conviction ruling, finding after rehearing that a man was entitled to a new trial because a clearly biased juror was seated in his child molesting trial.

Supreme Court allows broad enforcement of Trump asylum rule

September 12, 2019 | Associated Press

The Supreme Court of the United States is allowing nationwide enforcement of a new Trump administration rule that prevents most Central American migrants from seeking asylum in the United States.

History Channel drops out of planned Dillinger documentary

September 12, 2019 | Associated Press

The History Channel has dropped out of a planned documentary on 1930s gangster John Dillinger that would have featured the proposed exhumation of his grave in Indianapolis sought by two relatives of the notorious criminal who question whether he’s truly buried there.

House committee approves guidelines for impeachment hearings

September 12, 2019 | Associated Press

U.S. House Judiciary Committee Chairman Jerrold Nadler says there’s no confusion about what his committee is doing: It’s an impeachment investigation, no matter how you want to phrase it.

Government will propose banning flavors used in e-cigarettes

September 11, 2019 | Associated Press

President Donald Trump said Wednesday his administration will propose banning thousands of flavors used in e-cigarettes to combat a recent surge in underage vaping.

Opinions Sept. 11, 2019

September 11, 2019

The following 7th Circuit was posted after IL deadline  Tuesday.
David Camm v. Stanley Faith
18-1440
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Civil. Affirms in part, reverses in part the Southern District Court’s entry of summary judgment on behalf of Robert Stites, Rodney Englert, Stanley Faith, and Sean Clemons in a damages suit brought by former state trooper David Camm. Finds Camm presented enough evidence to proceed to trial on the Fourth Amendment claim as it relates to the first probable-cause affidavit. Remands for trial accordingly. Also finds trial is warranted on the Brady claim against the same four defendants for suppression of Stites’ lack of qualifications and against Faith and Clemons for suppression of the facts surrounding their handling of the DNA profile on Charles Boney’s sweatshirt.

COA rules for buyers in Zionsville real estate dispute

September 11, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed that a settlement agreement between the buyers and sellers of Zionsville real estate was valid and enforceable, rejecting the seller’s arguments that a trial court erred by excluding emails between the parties’ attorneys.

Judicial commission investigating shooting involving judges

September 11, 2019 | Olivia Covington

The Indiana Commission on Judicial Qualifications is investigating the May 1 shooting that left two Clark County judges wounded and one convicted of misdemeanor battery, the Indiana Supreme Court confirmed Wednesday.

Automatic annual sewer connection fee increases struck down

September 11, 2019 | Dave Stafford

Towns and cities in Indiana may not adopt a sewer connection fee structure that contains annual increases for new construction, the Indiana Court of Appeals ruled Wednesday in a development case closely watched by homebuilders and local governments.

Ex-trooper Camm’s civil suit linked to wife’s slaying trials revived

September 11, 2019 | Katie Stancombe

Ex-Indiana State Police trooper David Camm, who was convicted then cleared of murdering his wife and young children in multiple trials, partially won an appeal for a new civil trial after the 7th Circuit Court of Appeals ruled in his favor on some of his claims for damages.

NCAA urges California governor not to sign ‘fair pay’ bill

September 11, 2019 | Associated Press

The Indianapolis-based NCAA’s Board of Governors is urging Gov. Gavin Newsom not to sign a California bill that would allow college athletes to receive money for their names, likenesses or images.

Ex-Brinks driver pleads guilty to Hammond armored truck robbery

September 11, 2019

A Chicago man has pleaded guilty of an armored truck robbery in northwestern Indiana that netted several suspects more than $600,000 in cash.

Fort Wayne man gets 200 years in drug-related triple-slaying

September 11, 2019 | Associated Press

A man who pleaded guilty in the drug-related killings of three people in northeastern Indiana has been sentenced to 200 years in prison.

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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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