Justices could allow suit over Apple iPhone app sales
The Supreme Court of the United States seemed ready Monday to allow an antitrust lawsuit to go forward that claims Apple has unfairly monopolized the market for the sale of iPhone apps.
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Opinions Nov. 26, 2018
Indiana Court of Appeals
Trey A. Smith v. State of Indiana
18A-CR-1023
Criminal. Affirms Trey Smith’s conviction of Level 6 felony theft. Finds the hearsay testimony offered by a Columbus police officer was a harmless error because the conviction was supported by independent evidence of guilt. Reverses sua sponte Smith’s conviction of Class B misdemeanor criminal mischief. Holds the conviction violates the rule against double jeopardy. Remands to the Bartholomew Superior Court with instructions to vacate the criminal mischief conviction.
Second gay Roncalli counselor has plans to sue
Not long after Roncalli High School guidance counselor Shelly Fitzgerald was placed on paid administrative leave because of her same-sex marriage, a second Roncalli guidance counselor announced she had filed a discrimination complaint against the school and Archdiocese of Indianapolis and plans to sue because she, too, is in a civil union.
Justices hear man’s appeal in ‘obscene matter’ case
Indiana Supreme Court justices heard argument Tuesday in the revocation of a man’s placement in community corrections when a cellphone in his possession was found to contain “obscene matter” that he was prohibited from having.
COA heading to South Bend to hear drug, handgun case
The Indiana Court of Appeals will travel north this week to hear arguments in a drug and handgun case.
Indiana lawmakers look to update ‘Do Not Call’ law
Indiana lawmakers are looking for new ways to address illegal and unwanted telephone calls as telemarketers use technological advances to skirt the state’s telemarketing law.
Hammond man sues police, seeks damages for crash injuries
A northwestern Indiana man alleges in a federal lawsuit that he suffered a traumatic brain injury when a police officer ran a red light and struck his vehicle in 2016.
Indiana family seeks resolution in 30-year-old homicide
The father of a teenage girl who was fatally shot in a 1988 double-homicide in Brazil, Indiana, said he decided to give his first interviews about the killing in the hopes the three-decade-old case will finally be solved.
US Supreme Court pushes deadline on Lake Michigan beach case
The U.S. Supreme Court won’t decide until next year whether to consider arguments from residents of Chief Justice John Roberts’ Indiana hometown of Long Beach over ownership of the Lake Michigan community’s shoreline. The case could have a ripple effect for public and private property rights across the Great Lakes states.
Opinions Nov. 21, 2018
Indiana Court of Appeals
Oscar Flores v. State of Indiana
18A-CR-1632
Criminal. Reverses and remands with instructions for the Marion Superior Court to vacate one of Oscar Flores’ convictions for Level 4 felony child molesting. Finds that both convictions occurred during a single transaction, so one should be vacated under the continuous-crime doctrine.
FBI agent’s experience enough to suggest ‘fair probability’ for drug evidence
The 7th Circuit Court has ruled that an FBI agent’s extensive experience dealing with drug-trafficking crimes was enough to establish probable cause to search a man’s home and to allow the admission at trial of the contraband found pursuant to the search.
Judge’s failure to sign commitment order splits COA
For the second time in little more than one month, the Indiana Court of Appeals has addressed the issue of the Marion Superior Court ordering civil commitments by the judge summarily approving commitment orders signed by commissioners or magistrates without signing the orders. But unlike a prior ruling, the COA on Wednesday found that issue waived, though a dissenting judge argued litigants cannot waive the issue of a judge’s failure to perform a statutory duty.
Appeals court orders return of $60K in seized cash
The Indiana Court of Appeals has ordered the return of more than $60,000 in cash seized by an Indianapolis detective who was checking packages at a parcel-shipping company. The same detective’s prior seizure of cash in a similar manner set the precedent in a 2017 case that such searches are unlawful.
Stepdad who exposed self to teen loses indecency appeal
A northern Indiana man who exposed himself to his stepdaughter’s teenage friend has lost his appeal of his public indecency conviction and sentence, with the Indiana Court of Appeals finding sufficient evidence and the man’s criminal history supported the trial court’s decisions.
Molesting conviction vacated under continuous-crime doctrine
The Indiana Court of Appeals reversed one of a man’s two convictions for child molesting when it found that because both occurred during a single “transaction,” it should be vacated under the continuous-crime doctrine.
Discrimination, retaliation claims fail in 7th Circuit termination case
The 7th Circuit Court of Appeals has affirmed a district court’s denial of a woman’s discrimination and retaliation claims against her prior employer, finding insufficient evidence to support her claim that she was terminated for taking medical leave.
Southern District to implement e-filing, discipline rules amendments next month
The U.S. District Court for the Southern District of Indiana has approved amendments to local e-filing and discipline rules after considering public feedback received on proposed changes.
Ex-Lawrenceburg policeman loses 7th Circuit appeal over firing
The 7th Circuit Court of Appeals has upheld a federal court ruling for the city of Lawrenceburg in its firing of a criminally charged police officer, who claimed his termination implicated his First Amendment rights because it came after he complained about the mayor and purported wrongdoing by city officials.
Trump team turns over written answers to Mueller’s questions
President Donald Trump has provided the special counsel with written answers to questions about his knowledge of Russian interference in the 2016 election, his lawyers said Tuesday, avoiding, at least for now, a potentially risky sit-down with prosecutors. It’s the first time he has directly cooperated with the long investigation.
Legislative Council recommends adoption of sexual harassment policy
Top Republican and Democratic lawmakers voted Tuesday afternoon to recommend that the General Assembly adopt a new sexual harassment policy when it convenes next year. The Legislative Council unanimously approved the guidelines to combat sexual harassment at the Indiana Statehouse, but the policy will still undergo review by the ethics committees in the House and Senate and require approval from both chambers.