COA to hear post-conviction, attempted murder cases
The Indiana Court of Appeals will hear arguments this week in a murder case and on two post-conviction petitions.
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Washington to pay respects, bid farewell to George H.W. Bush
George H.W. Bush is set to embark on his final tour of Washington, the capital city that is remembering the 41st president’s lifetime of public service that began in the Navy during World War II, ended with one term as president and was characterized throughout by what admirers say was his innate decency, generosity and kindness.
Judge: Woman can’t keep pet pigs in Anderson
A judge has ruled that a woman can’t keep her three miniature pigs within the city limits of her central Indiana community. Madison Circuit Court Judge George Pancol rejected Lily Harsh’s appeal of a 2017 decision by the Anderson Board of Zoning Appeals to deny her a zoning variance to keep the pet pigs.
High court rejects request to reinstate murderer Baer’s death sentence
The U.S. Supreme Court has rejected a request by Indiana’s attorney general’s office to reinstate the death sentence of a man convicted of killing a central Indiana woman and her 4-year-old daughter. Monday’s decision leaves in place a federal appeals court ruling that threw out Frederick Baer’s death sentence because he had ineffective legal counsel. He’ll now be resentenced by an Indiana court.
Target in Mueller probe files complaint against prosecutors
A conservative author in the crosshairs of special counsel Robert Mueller’s investigation has filed a complaint with the Justice Department, alleging prosecutors tried to coerce him to give false testimony. Jerome Corsi said Monday the prosecutors were trying to entice him to lie to a grand jury and threatened to indict him.
Supreme Court sends bar fees case back for further look
The U.S. Supreme Court is telling a lower court to take another look at a case challenging mandatory fees lawyers pay to a state bar association. The case sent back Monday involves a North Dakota attorney who sued after learning that bar fees were being used to oppose a ballot measure he supported. The justices said the 8th Circuit Court of Appeals should reconsider the case in light of a recent ruling about fees paid to unions, Janus v. AFSCME.
Judgment affirmed for Ellettsville land owner in easement suit
The Indiana Supreme Court affirmed a trial court’s entry of summary judgment for a landowner against the owner of the property’s adjacent lot when it found that Indiana’s common-law rule prohibited the unilateral relocation of fixed easements.
Opinions Nov. 30, 2018
Indiana Court of Appeals
James E. Jarman v. State of Indiana
18A-CR-1034
Criminal. Reverses James E. Jarman’s convictions for methamphetamine, dealing in a synthetic drug or synthetic drug lookalike substance and possession of paraphernalia. Finds although Jarman signed a waiver consent to searches without a warrant or probable cause, he did not “unambiguously authorize” suspicionless searches of his person.
Pet therapy welcome relief for IU McKinney students
Indiana University Robert H. McKinney School of Law students headed to the library for final exam cramming were met with a pleasant surprise Wednesday when several furry, four-footed friends greeted them at the door.
Man convicted in 2017 Indianapolis crash that killed 2
A man has been convicted of criminal recklessness and other charges in a 2017 highway rollover crash that killed two Indianapolis teenagers.
Mueller considers new charges for ex-Trump campaign chairman
Former Trump campaign chairman Paul Manafort may face additional charges after lawyers in the special counsel’s Russia investigation said he lied to them and broke his plea agreement, prosecutors said Friday.
Cohen confesses to lying about Trump Tower Moscow deal
The surprise plea agreement with President Donald Trump’s former lawyer made clear that prosecutors believe Michael Cohen was continuing to pursue the Trump Tower Moscow project weeks after his boss had clinched the Republican nomination for president and while investigators believe Russians were meddling in the 2016 election on his behalf.
Drug convictions tossed over suspicionless search
Although caught by Tippecanoe County Community Corrections with his ex-wife in the attic and drugs in the basement, a man had his convictions overturned after the Indiana Court of Appeals determined his consent to warrantless searches did not include suspicionless searches.
7th Circuit revives Indiana wine retailer’s challenge to Illinois liquor laws
Finding the arguments needed to be allowed to ferment a little while longer, the 7th Circuit Court of Appeals has returned a dispute involving an Indiana wine retailer and Illinois’ liquor laws back to the district court for further proceedings. The case, Lebamoff Enterprises, Inc., et al. v. Bruce V. Rauner, et al. and Wine & Spirits Distributors of Illinois, 17-2495, raises the oft-asked question of how far states can go under the 21st Amendment in regulating alcohol within their borders.
Carmel spine surgeon wins $112M verdict in royalty battle with Medtronic
Dr. Rick C. Sasso, an Indiana spine surgeon and inventor, has won a sweeping, five-year legal battle against medical-device giant Medtronic, with a jury this week awarding him $112 million in damages. Sasso, president of Indiana Spine Group, claimed Medtronic had violated a contract by not paying royalties he was due for spinal implants and screw-implant systems he had invented and licensed to the company more than a decade ago.
7th Circuit: Fantasy sports right to publicity battle over
A civil suit brought by three former college football players against online fantasy-sports companies FanDuel and DraftKings has officially ended, the 7th Circuit Court of Appeals ruled Thursday.
Judge strikes lethal injection secrecy law, says lawmakers ‘overstepped’
The Indiana Department of Correction has again lost a suit in which it argues to keep secret the drugs it would use in a lethal injection. The judge in the case extraordinarily outlined how the DOC, the governor’s office, and the Indiana General Assembly appeared to directly undermine her order that the department disclose the drugs it might use in a potential execution.
Opinions Nov. 29, 2018
Indiana Court of Appeals
Brian Harold Connor v. State of Indiana
18A-CR-442
Criminal. Reverses Brian Connor’s conviction of Class C misdemeanor operating a motor vehicle with an alcohol concentration equivalent to at least 0.08 grams of alcohol but less than 0.15 grams of alcohol per 210 liters of the person’s breath. Finds the Marion Superior Court abused its discretion in admitting Connor’s chemical breath test into evidence when an Indianapolis Metropolitan Police Department captain administered the test using a procedure not approved by the Department of Toxicology.
Alleged drug dealer’s tie to CI’s assault merits higher bond
An accused drug dealer who allegedly assaulted an informant then arranged a separate assault on her from behind bars in Columbus had his bond increased rather than lowered, and the Indiana Court of Appeals agreed Thursday.
Suspended lawyer accused of forgery disciplined again
The Indiana Supreme Court on Wednesday again suspended from the practice of law a northern Indiana lawyer who is charged with felony forgery and was found to be noncooperative with another Disciplinary Commission investigation of a grievance against her.