COA to hear argument in Lawrence, Clark counties this week
The Indiana Court of Appeals is headed south this week to hear oral arguments in Clark and Lawrence counties.
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Trump says he has ‘absolute right’ to pardon himself
President Donald Trump asserted his presidential power and escalated his efforts to discredit the special counsel Russia probe on Monday, declaring he has the “absolute right” to pardon himself and attacking the investigation as “totally UNCONSTITUTIONAL!”
Former Vigo County commissioner faces new drug charges
A former Vigo County commissioner was charged with drug possession and domestic violence last week, nearly 10 years after he was first convicted of a drug crime. David W. Decker has been charged with possession of methamphetamine, maintaining a common nuisance, possession of paraphernalia, invasion of privacy and domestic battery.
Prosecutors drop sexual misconduct charges against East Chicago teacher
Charges were dropped against a former East Chicago junior high school teacher accused of sexual misconduct with two students. The teacher was charged in October 2016 with felony child molesting and sexual misconduct.
Floyd County judge: Murder convict can’t legally change name
A Floyd County judge has ruled that a man convicted of murder cannot legally change his name. Jeramy Heavrin was convicted of killing Jennifer Rose Johnson in 1994 and has had trouble keeping jobs because of the conviction since his November 2016 release.
Gary man wants review of conviction in Indiana officer’s death
A Gary man who was sentenced to life in prison without parole for fatally shooting a Gary police officer is asking a court to review his conviction. Twenty-nine-year-old Carl Le’Ellis Blount has filed a post-conviction relief petition alleging Lake County prosecutors threatened him to get him to plead guilty to murder in the 2014 shooting death of Gary Patrolman Jeffrey Westerfield.
Opinions June 1, 2018
Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee
53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties’ contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.
DCS launching online background check portal Monday
The Indiana Department of Child Services will begin using an online background check program next week, a change the department expects will expedite new employee processing by about two weeks.
Indiana man charged in woman’s killing waives extradition
A man charged with killing a Terre Haute woman whose body was found in her submerged SUV in in Vigo County is expected to be returned from Nevada soon to face trial on murder and other charges.
New Albany man gets 65 years for fatally beating friend
A judge Thursday sentenced a southern Indiana man to 65 years in prison for fatally beating a friend whom prosecutors said also was tortured.
Opinions June 1, 2018
Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee
53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties' contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.
Attorney fee denial affirmed in investor’s unsuccessful lawsuit
An investor in a life sciences company who lost the bulk of her $400,000 investment won’t have to pay nearly twice that amount to lawyers who represented the company that prevailed in part in a countersuit against her.
Ex-Ball State professor gets probation for child porn
A former Ball State University math instructor has been has been sentenced to four years of probation on his convictions of child pornography and other charges stemming from his alleged use of a campus computer to access images of nude children.
Protesters voice opposition to immigrant family separation
Protesters gathered outside the Indianapolis office of the U.S. Attorney for the Southern District of Indiana on Friday, joining a nationwide day of action in support of immigrants’ rights and against a Trump administration policy that separates children from their asylum-seeking parents at the U.S.-Mexico border.
Faegre taps new leader for Indianapolis office
Kathy Osborn, a commercial litigator and trial attorney, has been named the leader of the Indianapolis office for Faegre Baker Daniels LLP. She replaces Murray Clark who now leads the law firm’s government advocacy group.
ACLU-Indiana to hold immigration rally at U.S. Attorney’s Office
American Civil Liberties Union of Indiana plans a noon rally Friday in opposition to U.S. Border Patrol and Immigration and Customs Enforcement policies carrying out the Trump administration’s family separation order.
Father sues DCS over son’s death in Morgan County
A father is accusing the Indiana Department of Child Services of being complicit in the death of his 5-year-old son, who died in the care of his mother and her boyfriend. A lawsuit in Morgan Superior Court contends the agency received at least 11 reports of suspected abuse before the 2016 death of Brayson Price.
Friends, colleagues laugh and cry during Barnes’ retirement ceremony
Two emotions ran high during the retirement ceremony honoring Indiana Court of Appeals Judge Michael Barnes on Thursday: sadness and joy. Judges and lawyers from across the state gathered at the Indiana statehouse Thursday afternoon to pay tribute to Barnes, who will leave the court on Friday.
Opinions May 31, 2018
Indiana Court of Appeals
Tyler Dale Knutson v. State of Indiana
12A04-1709-CR-2246
Criminal. Reverses the denial of Tyler Dale Knutson’s motion to dismiss his charge of Level 5 felony unlawful possession of a syringe. Finds the offense of unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to Indiana Code section 16-42-19-27, but can only be charged as a Level 6 felony. Remands with instructions to dismiss the Level 5 felony enhancement.
COA affirms denial of attorney mom’s request to relocate child
A mother who lives in Maryland but whose child lives in Hamilton County has lost her bid to relocate the child to the eastern state, with the Indiana Court of Appeals finding that awarding physical custody to the child’s Indiana father was in the child’s best interests.