Indiana Court Decisions — June 20-July 1, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Read Indiana appellate court decisions from the most recent reporting period.
A federal judge Monday blocked a major White House initiative on prescription drug costs, saying the Trump administration lacked the legal authority to require drugmakers to disclose their prices in TV ads. The lawsuit was brought by three major manufacturers: Merck, Amgen and Indianapolis-based Eli Lilly.
A northwestern Indiana town has paid two women more than $200,000 to settle their lawsuits accusing a former police officer of sexually harassing them. An attorney for the Lake County town of St. John released the two settlement agreements last week.
Movie reviewer Robert Hammerle says the summer blockbuster “Toy Story 4” is an immediate Oscar front-runner, and “Yesterday” is a magical mystery tour that wonderfully manages to imagine life without the Beatles.
Advocates say alternatives to detention are benefiting kids, and Indiana is in line with statistics showing that across the country, youth incarceration and juvenile crime are declining.
John Westercamp, an attorney with Bose McKinney & Evans LLP, is the first announced candidate for next year’s Republican nomination to become the Indiana Attorney General as the political prospects for embattled AG Curtis Hill remain unclear.
In the same day a federal judge blocked an Indiana law that would have banned a second-trimester abortion procedure, a conservative United States Supreme Court justice agreed not to hear a similar case from another state.
Friday’s opinions
Indiana Court of Appeals
Yvonne Malukutila v. State of Indiana (mem. dec.)
18A-CR-2827
Criminal. Affirms Yvonne Malukutila’s conviction of Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more and Class C misdemeanor operating a vehicle while intoxicated. Also affirms an enhancement for both counts based on her previous conviction of operating a vehicle while intoxicated. Finds Malukutila invited any error by stipulating to the facts in the enhancement phase of her trial without the intervention of a jury. However, remands to the trial court to vacate the conviction on Count II and have the written sentencing order reflect that Count II was merged with Count I and that Count II was vacated.
Wealthy financier and registered sex offender Jeffrey Epstein is due in court after his arrest in New York on new underage sex-trafficking charges involving allegations that date to the early 2000s, according to law enforcement officials.
Indiana’s attorney general says the state’s school districts are free to use extended stop arms to prevent other vehicles from passing school buses.
A sentence of 17½ years for a man convicted of dealing methamphetamine has been upheld, after the Indiana Court of Appeals found he was dealing in amounts “well above the statutory requirement.”
The Indiana Court of Appeals has determined a man is not at fault for failing to appear in court due to his incarceration for another crime. It also found the trial court abused its discretion by setting an additional bail for him without having been requested to do so.
Independent nonlawyer assistants will no longer be permitted to establish direct relationships with clients to provide legal services, the Indiana Supreme Court has ordered.
The Indiana Supreme Court has amended its recently adopted interim rules for Indiana Commercial Courts after finding a critical mistake resulting from a missing word.
Two new Indiana laws are taking aim at people who post intimate images from previous or current relationships online without consent. The laws separately provide criminal charges against those who post “revenge porn” and civil remedies for those victimized by it.
Officials in Porter County and 10 other Indiana counties are testing a risk-assessment program to determine whether people who have been arrested should be required to post bail while awaiting trial. The pilot is expected to roll out statewide next year.
A southern Indiana woman is facing a drunken driving charge after she allegedly drove the wrong way on a highway and crashed into a trooper's patrol car.
The following 7th Circuit Court opinion was posted after IL deadline Tuesday.
Emmis Communications Corporation v. Illinois National Insurance Co
18-3392
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses and remands for further proceedings the Southern District Court’s award of summary judgment to Emmis Communication Corp. against Illinois National Insurance Co. Finds correct Illinois National’s proposed interpretation of “as reported” in its insurance policy with Emmis. Concludes summary judgment should have been entered in favor of Illinois National.
Federal and state judges, magistrate judges, former law clerks, court staff, Indiana Supreme Court justices, legal scholars and attorneys along with extended family crowded into the William E. Steckler Ceremonial Courtroom Tuesday afternoon to honor their friend and colleague, Senior Judge William Lawrence.
Convictions have been upheld for a man who was driving while suspended after an appellate panel rejected his argument that evidence of his suspension was obtained during an unconstitutional extension of a traffic stop.