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Opinions March 29, 2019

Indiana Court of Appeals 
Cathy Jo Robertson v. State of Indiana ex rel. Curtis T. Hill, Jr., Attorney General of Indiana; Ronald Bloemer, Auto-Owners Insurance Company, and OneBeacon Insurance Company
18A-PL-1002
Civil plenary. Affirms the Jennings Superior Court’s denial of Cathy Jo Robertson’s Indiana Trial Rule 12(B)(6) motion to dismiss a complaint to recover public funds filed by the Office of the Indiana Attorney General. Finds the two-year statute of limitations did not begin to run until after the OAG received the final, verified report of the Indiana State Board of Accounts. Also finds the OAG’s complaint was filed within two years of receiving the final report, so, the claim was timely filed, and the trial court did not err in its denial of Robertson’s motion to dismiss. 

Police: 75-year-old Gary man says gay slur led to fatal stabbing

A 75-year-old man who described himself as a retired drag queen told authorities he fatally stabbed a 64-year-old man who allegedly used a gay slur during a dispute. Police responded Tuesday night to an apartment building in Gary and found Carlos Johnson, who had multiple stab wounds.

Supreme Court won’t stop enforcement of bump stock ban

The Supreme Court on Thursday declined to stop the Trump administration from enforcing its ban on bump stock devices, which allow semi-automatic weapons to fire like machine guns. The ban took effect Tuesday.

Boone County doc charged with abusing 3 boys gives up license

A central Indiana pediatrician charged with sexually abusing three boys has voluntary surrendered his medical license for 90 days. Attorney General Curtis Hill announced Thursday that his office has reached an agreement for the surrender with attorneys for 41-year-old Dr. Jonathon Cavins of Jamestown.

Man charged with murder in Lake County in 2011 disappearance of his mother

A 46-year-old man has been charged with murder eight years after the disappearance of his 70-year-old mother in northwestern Indiana. The Post-Tribune reports Paul Monet Fontaine was booked at the Lake County Jail this week after being extradited from Las Vegas, where he was living.

Report: Holcomb got private flights from casino magnate

A newspaper reported that a casino magnate treated Gov. Eric Holcomb to two private jet flights last year and made big donations to Holcomb’s largest 2016 campaign donor while he was pushing for changes to Indiana law that would benefit his business.

Mueller report more than 300 pages; Dems demand full release

Special counsel Robert Mueller’s Trump-Russia report is more than 300 pages long, it was revealed Thursday, sparking fresh criticism from Democrats arguing that Attorney General William Barr’s four-page summary was gravely inadequate and the full findings must be quickly released.

Opinions March 28, 2019

7th Circuit Court of Appeals
USA v. Alandous Briggs
18-1415
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Reverses the U.S. District Court for the Southern District of Indiana’s application of a four-level enhancement on Alandous Briggs’ guilty plea to a charge of being a felon in possession of a firearm after drugs and firearms were found at his home during a parole visit. Finds no factual findings were made connecting Briggs’ firearms to his conviction for cocaine possession. Vacates his sentence and remands for resentencing consistent with the opinion.

7th Circuit reverses unwarranted gun sentence enhancement

The fact that drugs and guns were in the same place at the same time wasn’t enough to prove a man should have received a sentence enhancement for his convictions, the 7th Circuit Court of Appeals ruled, finding no connection between his felony cocaine possession and firearms.

Clowers appointed to Posey County bench

Travis Clowers has been appointed to the Posey Superior Court, succeeding Judge Brent Almon who retired last month. Clowers will be sworn in as judge at a later date.

Senate panel OKs ban on second-trimester abortion procedure

An Indiana Senate panel is backing legislation that would largely ban a commonly used second-trimester abortion procedure while a potential challenge to another Indiana abortion restriction remains pending before justices of the United States Supreme Court.