Woman takes plea deal in threat against judge
A Fort Wayne woman accused of threatening to kill a judge in Delaware County has pleaded guilty to a misdemeanor in a deal with prosecutors.
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Opinions July 2, 2018
The following Indiana Supreme Court opinions were posted after IL deadline on Friday:
Brian L. Paquette v. State of Indiana
63S04-1709-CR-570
Criminal. Reverses two of Brian Paquette’s three conviction for felony resisting law enforcement. Finds Indiana Code section 35-44.1-3-1 authorizes only one conviction for felony resisting law enforcement where the defendant engages in a single act of resisting while operating a vehicle that causes multiple deaths. Remands for revised sentencing.
Justices toss 2 resisting convictions from triple-fatality
A wrong-way driver who caused the deaths of three adults and one unborn child while fleeing police had two of his three convictions for resisting law enforcement overturned after the Indiana Supreme Court determined state law allows only one conviction for each act of resisting.
Notre Dame’s Barrett smart money for SCOTUS pick?
7th Circuit Court of Appeals Judge and Notre Dame law professor Amy Coney Barrett is the odds-on favorite to be President Donald Trump’s nominee to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court.
Justices: One resisting conviction for fatal crash with injuries
The Indiana Supreme Court ruled that Indiana Code permits only one conviction of resisting law enforcement from a single incident, regardless of how many people are harmed in an accident.
Prosecutor wants gag order against exoneration lawyer
The Elkhart County prosecutor is accusing a Chicago attorney who is leading the charge to overturn a mentally disabled man’s conviction for an Elkhart murder of violating Indiana professional conduct rules, arguing comments the attorney made at a press conference were “extrajudicial statements” that could jeopardize his pro hac vice status.
Attempted murder case reviewed; man dies 10 months after shooting
Prosecutors are reviewing the case of an Indiana man charged with attempted murder, because the man he is accused of shooting last summer died from his injuries.
Trump’s ex-lawyer Cohen says he’ll put family first
President Donald Trump’s longtime personal lawyer, who once said he would do anything to protect the president, told ABC News in an interview released Monday that he now puts “family and country first.”
New Indiana laws ban eyeball tattoos, protect renting rights
Indiana lawmakers entered this year’s session with limited ambitions when compared to years past. They still passed dozens of new laws. And while many of the most attention-grabbing ideas — like legal Sunday retail alcohol sales — were already enacted, more took effect Sunday.
Judge gives transportation museum two weeks to leave Noblesville park
A judge has given the Indiana Transportation Museum until July 12 to vacate its longtime home at Forest Park in Noblesville.
ACLU, PPINK expect Indiana to keep passing abortion laws
Speaking at a press conference about Thursday’s federal court order stopping another abortion law passed by the Indiana Legislature, ACLU of Indiana legal director Ken Falk noted this is not the first time the Statehouse has passed a bill attempting to limit abortions.
COA affirms tax suit dismissal for lack of jurisdiction
The owners of about 1,800 properties in Lake County lost their appeal Friday of the dismissal of a lawsuit against the county over an agreement regarding the payment of back taxes.
Nursing home exec Burkhart handed stiff sentence for kickback scheme
James Burkhart's hopes for a light sentence were dashed Friday afternoon when a federal judge handed down a 9-1/2-year sentence for his role in leading a massive kickback scheme as CEO of Indiana’s largest chain of nursing homes.
Opinions June 29, 2018
Indiana Court of Appeals
Terrance E. Chmiel v. US Bank National Association
75A05-1708-PL-1979
Civil plenary. Reverses grant of summary judgment in favor of US Bank National Association on Terrance E. Chmiel’s quiet title proceeding. Finds the trial court erred and holds that Chmiel’s quiet title action was not barred by the statute of limitations. Finds genuine issues of material fact remain regarding whether: the doctrine of laches bars his claim; the 2005 deed was valid; and U.S. Bank was a bona fide mortgagee. Finds the trial court erred in granting summary judgment. Remands for proceedings.
Habitual enhancement not concurrent sentence, COA holds
A habitual vehicular substance offender enhancement may not be imposed as a concurrent sentence, the Indiana Court of Appeals held Friday, sending a case in which that had been done back to the trial court.
COA affirms consecutive sentence for separate crimes
A man will have to serve his seven-year sentence for domestic battery after the Indiana Court of Appeals ruled a consecutive sentence could be imposed for separate crimes that arise from a single incident.
Starke County man’s quiet title action reinstated on appeal
A man who claims his signatures on 2005 real estate documents were forged won his appeal Friday to reinstate a lawsuit seeking quiet title of property he claims to have had an interest in since 1991.
Discipline file: Knox County judge tossed friend’s case
Knox Superior Court 2 Judge Ryan D. Johanningsmeier faces judicial discipline proceedings after he reinstated a close friend’s suspended driver’s license and allegedly suggested a deputy prosecutor dismiss the case.
Taft law firm hit with complaint for alleged Ohio conflict
Following its investigation into an allegation of sexual misconduct by a powerful Ohio state legislator, Taft Stettinius & Hollister LLP is now the subject of a grievance filed with the Ohio Supreme Court for failing to disclose that the legislator had previously worked for the law firm for more than 30 years until 2014.
For third straight year, judge blocks an Indiana abortion restriction
Following a familiar pattern of recent years, a federal judge Thursday halted an abortion restriction passed by the Indiana General Assembly just days before the law was to take effect. Marion County Prosecutor Terry Curry on Thursday in essence said he and others tried to warn the state.