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Bill on federal workers’ back pay in shutdown heads to Trump

President Donald Trump is edging closer to declaring a national emergency to pay for his long-promised U.S.-Mexico border wall as pressure mounts to end the three-week impasse that has closed parts of the government and deprived hundreds of thousands of workers of their salaries.

Truckers sue the state for increased toll road fees

A group of truck drivers is suing Indiana Gov. Eric Holcomb for the increases in toll road fees that took effect last year along the 157-mile Indiana Toll Road across the northernmost counties of the state.

Opinions Jan. 10, 2019

Indiana Court of Appeals
State of Indiana v. Michael Dwayne Bouye
18A-CR-1730
Criminal. Reverses the Marion Superior Court’s grant of Michael Bouye’s motion to suppress, finding there was reasonable suspicion for the police officer to pull over the car he was driving. Notes that despite the trial court’s statements, the officer had no obligation to conduct further license plate checks. Remands for further proceedings.

SEC wins order to depose Canadian suspect in nearly $1M penny stock con

A Canadian accused in an Indiana federal court of a “scalping” scheme to fraudulently drive up the price of a penny stock while selling off his own shares for a profit of almost $1 million must answer questions in a U.S. deposition before the Securities and Exchange Commission, a judge has ruled. The SEC accuses Michael Skerry of New Westminster, British Columbia, of executing the scheme, in which regulators allege he profited by about $950,000.

COA finds reasonable suspicion despite errant plate check

The Indiana Court of Appeals reversed a motion to suppress evidence when it found that despite a motorist proving a vehicle was properly licensed, the police officer who pulled the driver over during a traffic stop still had a reasonable suspicion to do so.

Incoming ND law dean bringing experience, excitement

Stanford University law professor G. Marcus Cole has been tapped to become the next dean of the University of Notre Dame Law School. He will succeed Nell Jessup Newton, who is stepping down July 1 after leading the law school for 10 years.

Judge: State’s ‘bureaucratic quagmire’ harms disabled woman

The Indiana Family and Social Services Administration has 21 days to arrange home health care for an elderly woman with quadriplegia who has been confined to a hospital or nursing home since February 2016, a federal judge has ruled. The decision comes after the judge ruled previously that the FSSA’s failure to develop a home-based care plan violated the woman’s rights under three federal laws, including the Americans with Disabilities Act.

Deputy AG Rosenstein, a frequent Trump target, leaving

Deputy Attorney General Rod Rosenstein, the most visible Justice Department protector of special counsel Robert Mueller’s Russia investigation and a frequent target of President Donald Trump’s wrath, is expected to leave his position soon after Trump’s nominee for attorney general is confirmed.

Opinions Jan. 9, 2019

Indiana Supreme Court
J.W. v. State of Indiana
19S-JV-12
Juvenile. Grants transfer and dismisses without prejudice. Holds juveniles cannot immediately challenge on direct appeal any errors concerning their agreed delinquency adjudication. Finds that because juveniles are not eligible for post-conviction relief, they must assert any claims of error concerning their agreed judgment in a request for post-judgment relief filed with a juvenile court before pursuing their constitutional right to appeal. Also finds that juveniles who seek relief in post-judgment proceedings have a statutory right to counsel under Indiana Code article 31-32. Remands for proceedings.

Justices: Agreed juvenile adjudication appeals follow T.R. 60

Juveniles who agree to delinquency adjudications cannot immediately challenge their adjudications on direct appeal, but instead must make a request for post-judgment relief via Trial Rule 60 before pursuing their constitutional right to appeal, the Indiana Supreme Court ruled.