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Opinions March 20, 2019
Indiana Court of Appeals
Andrew Lee Swain v. State of Indiana (mem. dec.)
18A-CR-1838
Criminal. Affirms Andrew Swain’s aggregate six-year sentence following the revocation of his probation and his guilty plea to Level 5 felony escape and Level 6 felony unlawful possession of a syringe. Finds the sentence is not inappropriate in light of the nature of the offenses and his character. Finds the Grant Superior Court did not abuse its discretion in not finding Swain’s mental illness to be a mitigating factor.
Senate panel OKs compensation for the wrongfully convicted
A measure advancing in the Indiana Senate would compensate residents found to have been wrongfully convicted and imprisoned.
Indiana Paralegal Association celebrates 40 years
The Indiana Paralegal Association Inc. is celebrating its 40th anniversary and will be recognized by the Indiana Senate next month for its accomplishments in the legal profession.
COA considers denial of joint motion for mistrial
A traveling appellate panel heard argument concerning an “unusual” instance of a trial court’s denial of a joined motion for mistrial Tuesday, considering whether the state’s sudden change of position had any impact on the case going forward.
Justices to hear Lake County eminent domain case
The Indiana Supreme Court unanimously chose to hear two property-related cases, focusing on issues of eminent domain and deciding a case involving rental property fee exemptions for landlords in Bloomington and West Lafayette.
Valpo Law gets green light for closure plans
Valparaiso Law School has gained approval from the American Bar Association for its plan to teach the remaining students and award them J.D. degrees before the institution closes in 2020.
Prevention-based pilot program for at-risk juveniles advances
A bill that would allow the Indiana Supreme Court to establish a preventive pilot program targeting at-risk juveniles won the approval of the House Judiciary Committee Monday, advancing to the House floor.
Credit time revocation bill moves to Holcomb’s desk
Community correction program directors caught between a rock and a hard place may get some breathing room if a bill that would allow the revocation of inmates’ credit time gets the governor’s signature.
Supreme Court rules against immigrants in detention case
A divided Supreme Court ruled Tuesday against a group of immigrants in a case about the government’s power to detain them after they’ve committed crimes but finished their sentences.
Web Exclusive: Litigation continues over PACER fees
A group of retired federal judges has learned life after the bench comes with PACER fees, and they are lending their voice to those questioning fees for public access to online federal court records.
IndyBar: Applications Now Accepted for $35,000 Impact Fund Grant
For more than 50 years, the Indianapolis Bar Foundation (IBF) has worked to ensure equal access to justice for all Indianapolis-area residents. In an effort to expand this mission impact on the greater Indianapolis community, applications from local organizations are now being accepted through May 31 for the IBF’s annual Impact Fund grant. The grant will be awarded in August 2019.
Opinions March 19, 2019
7th Circuit Court of Appeals
Ja’Lin Williams v. Norfolk Southern Corporation and Norfolk Southern Railway Company
18-2517
Appeals from U.S. District Court for the Northern District of Indiana, Hammond Division
Magistrate Judge John E. Martin
Civil tort. Affirms grant of summary judgment to Norfolk Southern Corp. and Norfolk Southern Railway Co. Finds Ja’Lin Williams was more than 50 percent at fault for the injuries he sustained after running in front of a Norfolk train. Video evidence contradicted Williams’ testimony that the train was not sounding its horn or bells, did not have its light on and the warning signals were not flashing. Also cites Indiana law that a train operator has no duty to reduce a train’s speed if he sees a person crossing the tracks.
COA: Probation officers protected under quasi-judicial immunity
An inmate ordered to serve the reminder of his sentence after violating his probation lost his argument against several probation officers involved in his case when the Indiana Court of Appeals affirmed the officers were protected under quasi-judicial immunity.
Man’s murder conviction upheld in tax preparer slaying
Finding his crime “serious and disturbing,” the Indiana Court of Appeals on Tuesday affirmed the 71-year sentence and robbery conviction in the death of an Indianapolis tax preparer who kept cash in a safe beneath his desk at his west side Indianapolis office.
COA: Would-be land purchaser from New Jersey entitled to attorney fees
A Porter County land-deal-gone-bad has reappeared before the Indiana Court of Appeals for a second time, with the appellate panel finding the would-be purchaser is entitled to attorney fees because he did not repudiate the sales contract.
Teenager hit by train gets no relief in appeal to 7th Circuit
A 17-year-old who was found to be more than 50 percent at fault for the injuries he sustained from running in front of a moving train was unable to convince the 7th Circuit Court of Appeals that he had no warning the locomotive was coming down the tracks.
Probation officers entitled to earned PTO payout, panel rules
Holding that probation officers as court employees are entitled to cash payouts of unused paid time off at the time of their separation of employment, the Indiana Court of Appeals upheld a judgment in favor of a former Hendricks County probation officer.
Reversal: Former St. Mary’s employee loses claims against her termination
The Indiana Court of Appeals reversed and remanded the denial of a hospital’s motion for judgment against a former employee terminated for unethical behavior when it found the hospital was entitled to judgement due to the lack of genuine issues of material fact.