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The Indiana Court of Appeals affirmed a trial court termination of parental rights in a “most unusual circumstance” when it found the separation of two minor daughters from their brothers and mother was in the girls’ best interests.
The Indiana Court of Appeals reversed a trial court’s grant of summary judgment to a Northeastern Indiana city when it found the lower court failed to fix a bond amount for a disciplined police officer by the time of judgment.
The majority of an Indiana Court of Appeals panel reversed the resentencing of a burglar who was serving an out-of-state sentence, holding that a harsher sentence that was imposed on a prior remand was a manifest injustice. But a dissenting judge wrote that the offender’s victims would suffer a greater injustice if the sentence is reduced.
The 7th Circuit Court of Appeals reversed three men’s attempted robbery convictions for lack of evidence but affirmed their remaining convictions and ordered them resentenced. The men were accused of robbing several Indianapolis-area financial institutions donned in 1970s apparel.
The St. Joseph Probate Court judge was unseated in Tuesday’s election, reversing earlier results showing Republican Judge James Fox had retained his office. Official final vote totals now show Democratic challenger Jason Cichowicz narrowly defeated Fox in the state’s closest judicial race.
Attorney General Jeff Sessions was pushed out after enduring more than a year of blistering and personal attacks from President Donald Trump, who inserted in his place a Republican Party loyalist with authority to oversee the remainder of the special counsel’s Russia investigation. The move Wednesday has potentially ominous implications for special counsel Robert Mueller’s Russia probe.
The Supreme Court says 85-year-old Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital. The court said the justice went to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight after a Wednesday evening fall.
The commissioners in a northwestern Indiana county plagued by a mix of Election Day problems asked the FBI on Wednesday to investigate what they called “scores of alleged violations of Indiana Election Law” reported following Tuesday’s election. Porter County officials did not begin counting votes until Wednesday morning, more than 15 hours after the first polling places closed.
Attorney General Jeff Sessions was pushed out Wednesday as the country’s chief law enforcement officer after enduring more than a year of blistering and personal attacks from President Donald Trump over his recusal from the Russia investigation.
The Indiana Supreme Court has upheld the denial of post-conviction relief for a convicted child murderer and arsonist sentenced to death, finding that while the man’s counsel did make mistakes, those mistakes did not rise to the Strickland level of deficient performance. However, Chief Justice Loretta Rush dissented and would have allowed the case to proceed to a new penalty phase.
Indiana Court of Appeals
Indiana University Health Southern Indiana Physicians, Inc., et al. v. Charlene Noel
18A-CT-1299
Civil tort. Affirms the denial of Indiana University Health Southern Indiana Physicians, Inc., Sarah Whiteman, NP, and Dr. Carlito Sabandal’s motion to transfer venue in Charlene Noel’s medical malpractice complaint from Marion County to Lawrence County. Finds Indiana Code section 23-0.5-4-12 conflicts with Trial Rule 75(A)(4) as interpreted by the Indiana Supreme Court, making the statute a nullity.
The Indiana Court of Appeals has held that a statute concerning preferred venue in corporate lawsuits is void because it conflicts with an Indiana Supreme Court-adopted trial rule. The appellate court’s ruling upheld the denial of a change of venue motion in a medical malpractice case based on the statute being a nullity.
A prominent Indianapolis employment attorney is facing a disciplinary complaint for his involvement in the botched investigation of a former Park Tudor basketball coach who later was convicted of coercing a student into exchanging sexually explicit images and texts. Ice Miller LLP partner Michael Blickman, 65, is accused of possessing and copying child pornography, failing to immediately report child abuse and other ethical rule violations.
The Indiana Court of Appeals affirmed in part, reversed in part and remanded a discovery case after it found that all but one document in dispute were either protected or non-discoverable under the work-product doctrine and attorney client privileges.
Indiana joined a 21-state coalition in support of President Donald Trump’s proposed replacement of the Clean Power Plan, an Obama-era effort to limit carbon emissions from coal-fired power plants.
Southern Indiana voters rejected one trial court judge and narrowly re-elected another who was challenged by a former colleague who changed parties to run against her. Jefferson Circuit Court Judge Darrell Maurice Auxier, a Democrat, was the lone sitting Indiana trial court judge to lose his bid for re-election, while Clark Circuit Judge Vicki Carmichael retained her bench seat in one of Indiana’s closest countywide trial court races Tuesday.
Officials northwestern Indiana’s Porter County, which hasn’t reported any general election votes, are sorting through a mix of problems to get ballots counted a day after the election.
A dispute over the division of assets from a marriage that lasted less than one month has ended with the Indiana Court of Appeals upholding a trial court’s decision to rule against the presumption of the equal division of the marital estate.
On an election night in which Democrats took control of the U.S. House of Representatives and Republicans appeared to tighten their hold on the Senate, Indiana stayed reliably red, with Republicans winning seven of nine House seats and challenger Mike Braun defeating incumbent Democratic Sen. Joe Donnelly. But in one of the biggest Election Day upsets, longtime Republican state Sen. Mike Delph lost the Statehouse seat he has held since 2005.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
Mycal L. Ashby v. Warrick County School Corp
18-1371
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil plenary. Affirms the U.S. District Court for the Southern District of Indiana’s grant of summary judgment in favor of Warrick County School Corporation against Mycal Ashby’s claim of discrimination under the Americans with Disabilities Act and Rehabilitation Act. Finds Asby’s son’s Christmas concert was not a service, program, or activity provided or made available by the Warrick County School Corporation.