AG Hill says his office is investigating USA Gymnastics
The Indiana attorney general says his office is investigating USA Gymnastics, which has filed for bankruptcy due to the Larry Nassar sexual-abuse scandal.
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Opinions Dec. 19, 2018
Indiana Court of Appeals
Douglas L. Leistner v. State of Indiana (mem. dec.)
18A-CR-491
Criminal. Affirms Douglas Leistner’s 40-year sentence for conviction of two counts of Level 1 felony child molesting and Class A misdemeanor public voyeurism. Finds the trial court erred when it refused to find Leistner to be a sexually violent predator. Remands to the Dubois Circuit Court to correct this error and enter a finding that Leistner is a sexually violent predator.
Scotty’s Brewhouse founder sued over Carmel restaurant deal
Scotty’s Brewhouse founder Scott M. Wise, along with Indianapolis-based Scotty’s Holdings LLC and two Arizona-based parties, are facing a lawsuit from a former business partner of Wise’s who claims he was defrauded out of his $300,000 investment in the restaurant chain.
Ex-officers’ wiretap lawsuit against Pittsboro police advances
A lawsuit by former officers against Pittsboro police claiming the department secretly recorded their conversations in violation of federal wiretapping laws will proceed, a federal judge has ruled.
Justices take 2 cases, deny 18, split over 2
Indiana Supreme Court Justices granted transfer in two cases last week concerning a father convicted of killing his infant daughter with a pillow and a piecemeal child in need of services adjudication.
Judge threatens sanctions in DOC suit; attorneys claim honest mistakes
Two Indianapolis attorneys accused of filing false declarations on behalf of their state clients in an inmate’s excessive force lawsuit are facing federal court sanctions for the alleged misconduct, though the attorneys claim the issues giving rise to the court’s concerns were the result of honest mistakes.
Lawyer doesn’t help his own cause in federal court discipline matter
A Merrillville lawyer who asked the U.S. District Court for the Southern District of Indiana to reconsider discipline imposed on him drew a harsh reply from the court, which said his conduct “lends further support to … concerns about his competence as a lawyer.” The district court denied John H. Davis' motion to reconsider his removal from the court's Roll of Attorneys last week.
Supreme Court certifies another 50 senior judges for 2019
The Indiana Supreme Court has certified or re-certified 50 judicial officers as senior judges for the coming year.
St. John man charged in Illinois woman’s hit-and-run death
A northwestern Indiana man has been charged in the hit-and-run death of a suburban Chicago woman.
Judge’s rebuke of Flynn upends sentencing, prolongs case
A federal judge who described himself as disgusted by Michael Flynn’s behavior upended a straightforward sentencing hearing Tuesday, postponing punishment for President Donald Trump’s first national security adviser and telling him in a stinging rebuke, “Arguably you sold your country out.”
Trump says he’s eager to sign sweeping criminal justice bill
The Senate passed a sweeping criminal justice bill Tuesday that addresses concerns that the nation’s war on drugs had led to the imprisonment of too many Americans for nonviolent crimes without adequately preparing them for their return to society.
Opinions Dec. 18, 2018
7th Circuit Court of Appeals
The Medical Protective Company of Fort Wayne, Indiana v. American International Specialty Lines Insurance Company, now known as AIG Specialty Insurance Company
18-1737
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division
Judge James T. Moody
Civil. Affirms Medical Protective Co. should have known that it was facing a potential claim. Reverses and remands grant of summary judgment in favor of AISLIC. Finds there is a genuine dispute of material fact as to whether MedPro should have settled with the Bramlett family for $200,000.
Indianapolis attorney Patrick dies in car crash
An Indianapolis attorney who spent several years in Tokyo before relocating to the Circle City to practice law died Sunday in a vehicle crash. Michael F.S. Patrick was 46.
Questions in med-mal case bring 7th Circuit reversal
A Fort Wayne medical malpractice insurance company got a reprieve from having to cover a multi-million verdict in a wrongful death lawsuit after the 7th Circuit Court of Appeals reversed the grant of summary judgment, finding too many questions are unanswered.
Wrongful death suit reinstated in IPS student’s murder
The Indiana Court of Appeals reinstated a wrongful death lawsuit against Indianapolis Public Schools when it found genuine issues of material fact as to Arlington Community High School’s duty to supervise its students after a teen’s murder nearby.
Indiana attorney charged with mail fraud still at large
Federal authorities are still searching for a former South Bend attorney who faces several charges of mail fraud stemming from his alleged involvement in an investment scheme that exploited elderly victims.
COA: Negligence claim rightly denied in fatal heart attack wreck
The Indiana Court of Appeals affirmed the grant of summary judgment to a man’s estate in a negligence lawsuit, finding his incapacity to drive due to a heart attack was not reasonably foreseeable.
Lawyer facing jail time for forgery, counterfeiting
A northern Indiana lawyer could be sentenced to nearly two years in jail after she pleaded guilty Tuesday to forging a judge’s name on a phony divorce decree and sending a bogus email bearing a deputy prosecutor’s name. Jill N. Holtzclaw of Decatur pleaded guilty to Level 6 felony counts of forgery and counterfeiting Tuesday in Adams Superior Court.
AG Hill in minority praising ruling against ACA mandate
Indiana Attorney General Curtis Hill spent Monday morning on cable television news channels applauding a federal court’s ruling that found the Affordable Care Act unconstitutional, but Republican leaders in Indiana remained silent.
Police probe Hamilton County Treasurer’s Office misconduct allegations
Indiana State Police are investigating an allegation that clerks in the Hamilton County Treasurer’s Office accepted past-due property payments from family members and county workers without charging late fees. The allegation was made by former employee Susan Byer in a wrongful termination suit filed last month against Hamilton County, treasurer Jennifer Templeton and deputy treasurer Kim Good.