COA: Enhanced sentence not fundamental error
A man who sought a second resentencing after his 2003 murder convictions unsuccessfully argued that he was denied fundamental due process rights 15 years after being sentenced for four counts of murder.
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Former nursing home executive handed 57-month prison sentence
Daniel Benson, the former chief operating officer of American Senior Communities, was sentenced Friday to nearly five years in federal prison for his role in a massive kickback scheme at Indiana’s largest chain of nursing homes. Indiana Southern District Court Judge Tanya Walton Pratt sentenced Benson to a 57-month sentence as part of a plea agreement.
DCS can’t litigate piecemeal CHINS cases, COA warns
If the Department of Child Services has enough concern to file a child in need of services petition, it should have enough evidence to win the case the first time around, the Court of Appeals warned Friday.
Indiana town marshal arrested following medication theft
Authorities say a northeast Indiana town marshal faces charges after he allegedly took medication from a home while in uniform. State police say 49-year-old Van Buren Town Marshal Donald R. Bosley was arrested Thursday following a complaint earlier in the day.
Who are Trump’s top Supreme Court contenders?
President Donald Trump’s Supreme Court nomination is expected on Monday, with three federal judges leading the pack. Here's a look at who they are (plus three more who haven’t been completely counted out just yet):
Carmel swim coach faces federal charges for child porn, sexual exploitation of a minor
A suburban Indianapolis swim coach is facing federal charges alleging he shot video of himself having sex with one of his athletes. Prosecutors said Thursday that 29-year-old John C. Goelz has been charged with sexual exploitation of a minor and possession of child pornography.
Indiana GOP leaders call on Hill to resign as lawmaker comes forward with groping claims
Amid calls for Republican Attorney General Curtis Hill to resign amid groping allegations made by four women, including a lawmaker, at an Indianapolis bar, the lawmaker in question has come forward to share her side of the story. Rep. Mara Candelaria Reardon, D-Munster, said Friday that Hill slid his hands down her back and grabbed her bare buttocks at a party on March 15.
Scandal-plagued EPA Administrator Pruitt resigns
President Donald Trump said Thursday he has accepted the resignation of scandal-plagued Environmental Protection Agency Administrator Scott Pruitt.
Special needs trust lawyer faces another theft charge
A suspended Indianapolis attorney who specialized in establishing special needs trusts before he was accused of stealing from those clients is facing felony theft charges in another Indiana county. Kenneth S. Service, 45, was charged last month with Class D felony theft in Delaware County, where he is accused of stealing $23,622 from a former client, authorities said Thursday.
Opinions July 5, 2018
Indiana Court of Appeals
Corey Bullock v. State of Indiana
49A05-1706-CR-1247
Criminal. Affirms Corey Bullock’s 50-year sentence for conviction of Level 1 felony murder and Level 6 felony neglect of a dependent resulting in serious bodily injury. Finds the Marion Superior Court did not enter judgment of conviction after Bullock’s first trial. Finds retrial is not barred if judgment of conviction is erroneously entered on the chronological case summary but then quickly vacated.
Celadon admits it is under federal criminal investigation
Indianapolis-based trucking firm Celadon Group Inc. says federal investigators are conducting a criminal investigation of the financial-reporting issues that the company has been working to resolve for more than a year.
COA: Errant CCS judgment entry can’t void murder retrial
The Indiana Court of Appeals ruled that retrials are not barred if a judgment of conviction is erroneously entered on a chronological case summary, letting stand a murder conviction after the retrial of a man charged with the death of his girlfriend’s infant daughter.
COA: Husband must pay child support with interest
A husband who paid less than $200 of the child support he owed will now have to cover more than the arrearage amount after the Indiana Court of Appeals ruled the wife is also entitled to interest.
Man gets 4 years for accidental shooting death of boy, 4
A northwestern Indiana man has been sentenced to four years in prison for the fatal accidental shooting of his 4-year-old nephew.
Sheriff’s deputy suspended for unauthorized inmate video
A northwestern Indiana sheriff’s deputy cleared four months ago of a rape charge has been suspended for posting an unauthorized social-media video.
Political observers: AG Hill could survive groping allegations
Indiana Attorney General Curtis Hill is taking heat for allegations that he inappropriately touched four women — including a state lawmaker — but political observers say he could survive a call for his resignation.
Woman awaits sentence in death of baby delivered in bathtub
A northern Indiana woman is awaiting sentencing in Wabash after agreeing to plead guilty related to the death of her son who was delivered in a dorm room bathtub.
Source: Barrett among Trump’s top 3 SCOTUS contenders
President Donald Trump is closing in on his next Supreme Court nominee, with three federal judges including Indiana’s Amy Coney Barrett leading the competition to replace retiring Justice Anthony Kennedy.
Ruling against Indianapolis’ condo nuisance claim upheld
Summary judgment entered in favor of an east side Indianapolis condominium complex was affirmed when the Indiana Court of Appeals ruled that damages sought against the complex by the city for being a “nuisance” were inappropriate.
Opinions July 3, 2018
7th Circuit Court of Appeals
Destiny Hoffman v. Susan Knoebel
17-2750
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Senior Judge Sarah Evans Barker.
Civil tort. Affirms dismissal of Hoffman’s proposed class action against former Clark County Drug Court Director Susan Knoebel and others for wrongful detentions. Finds that while the plaintiffs’ constitutional rights were violated during their time as participants in the Clark County DTC, plaintiffs cannot overcome the barriers to recovery against the four named defendants.