Supreme Court grants emergency suspension against attorney
An Indianapolis attorney suspended from the practice of law after the Indiana Supreme Court granted a petition for emergency suspension.
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Retired justice urges repeal of Second Amendment
Retired Supreme Court Justice John Paul Stevens is calling for the repeal of the Second Amendment to allow for significant gun control legislation. The 97-year-old wrote in an essay on The New York Times website that repeal would weaken the National Rifle Association’s ability to “block constructive gun control legislation.”
Defense ends bid to toss confession in Colts player’s death
Attorneys for a Guatemalan man living illegally in the U.S have ended their effort to have his confession thrown out in a drunken-driving crash that killed Indianapolis Colts linebacker Edwin Jackson and his Uber driver.
Reversal: Peterbilt as parts supplier may bear liability in fatality
The Indiana Court of Appeals has overturned summary judgment for a national motor company on a defective design claim stemming from a construction foreman’s death after finding sufficient evidence to rebut the presumption that the product in question was not defective.
Opinions March 27, 2018
Indiana Court of Appeals
Angela Brewer, Individually and as Personal Representative of the Estate of Rickey A. Brewer, Deceased v. PACCAR, Inc. d/b/a PETERBILT MOTORS CO.
55A05-1709-CT-2168
Civil tort. Reverses the grant of summary judgment in favor of Peterbilt Motors Company and the denial of Angela Brewer’s motion for partial summary judgment. Finds Brewer designated sufficient evidence for summary judgment purposes that there were several safety features Peterbilt reasonably could have incorporated into its glider kits that might have prevented Rickey Brewer’s death. Also finds Rickey Brewer was a “consumer” of Peterbilt’s product for purposes of the Indiana Product Liability Act. Remands for further proceedings. Judge Paul Mathias concurs with separate opinion.
Another key redistricting case goes in front of high court
The Supreme Court of the United States has already heard a major case about political line-drawing that has the potential to reshape American politics. Now, before even deciding that one, the court is taking up another similar case.
ACLU Indiana plans transgender rights Facebook Live event
The American Civil Liberties Union of Indiana’s Transgender Education and Advocacy Program is organizing an “Ask Me Anything” event starting at noon Wednesday on Facebook Live, featuring advocates Lo Ray and Michelle Young.
Juvenile judge Moores on leave after riding accident
Marion Superior Judge Marilyn Moores has temporarily stepped down from her judicial duties after a horse riding accident left her with a broken leg that required three surgeries. Moores is undergoing three months or rehabilitation.
Doctors, store owners approve of CBD oil law
Some doctors and store owners are happy Indiana Gov. Eric Holcomb recently signed a bill allowing for the widespread use and sale of cannabis-derived oil after nearly a year of legal confusion.
Ex-Michigan State dean charged in Nassar child sex scandal
A Michigan State University official who oversaw a clinic that employed Larry Nassar was charged Tuesday with sexually propositioning female medical students and compiling nude student “selfies” on his work computer in the first charges to spring from an investigation into how complaints against the disgraced former sports doctor were handled.
Justices take ‘fruit of the poisonous tree’ molestation case
The Indiana Supreme Court will decide if a man’s child molestation convictions must be struck under the fruit of the poisonous tree doctrine after granting transfer to a Blackford County case last week. The Indiana Court of Appeals had reversed the man’s convictions.
Increase in LSC funding likely to boost Indiana Legal Services
With the just-passed federal spending bill putting an extra $25 million into the Legal Services Corporation’s coffers, Indiana Legal Services is anticipating a raise in funding to help with its work in providing civil legal assistance to indigent individuals and families across the Hoosier state.
Divided Supreme Court finds clerk liable for released bail proceeds
The Vanderburgh County Clerk is liable for a $5,000 cash bond she released in a criminal case while a related civil proceeding’s supplemental was pending, a ruling two dissenting Indiana Supreme Court justices fear could put clerks in a tight spot.
Opinions March 26, 2018
The following Indiana Supreme Court opinions were posted after IL deadline Friday:
In re the Adoption of E.B.F., J.W. v. D.F.
18S-AD-167
Adoption. Grants transfer and reverses the petition to adopt E.B.F. without J.W., his mother’s, consent. Finds the totality of J.W.’s circumstances justified her failure to communicate with her child for a one-year period. Also finds M.F., the father, and D.F., the stepmother’s, unwillingness to abide by the custody modification frustrated J.W.’s ability to communicate. Finally, finds J.W.’s consent was necessary to grant the adoption petition. Remands for further proceedings. Justice Geoffrey Slaughter dissents with separate opinion joined by Justice Mark Massa.
SEC litigation against former ITT executives continues
The U.S. Securities and Exchange Commission’s lawsuit against two principal officers of ITT Educational Services, Inc., continues to proceed to trial after a federal court Friday denied most of the partial summary judgment motions filed separately by the SEC and the defendants.
COA upholds man’s convictions for molesting teenage relative
A northern Indiana man convicted of molesting a teenage relative has lost his appeal of his two felony convictions after the Indiana Court of Appeals found neither the trial court nor the man’s trial counsel erred.
7th Circuit proposes document filing rule changes
Streamlining the process of filing documents with the U.S. Court of Appeals for the Seventh Circuit is the goal of a set of proposed changes to the court’s rules. Comments on the new rules are being accepted untl April 25.
COA upholds school district’s protective order against parent
A Jackson County father may only enter Seymour Community Schools property for the limited purpose of dropping off and picking up his daughter from school after the Indiana Court of Appeals determined the school district’s protective order against the father is valid.
Supreme Court reverses breach judgment against heart hospital
A longstanding dispute between a cardiologist and his former employer has ended with the Indiana Supreme Court overturning a $470,000 judgment against a heart hospital.
Divided Supreme Court: Mother was justified in not communicating with child for a year
Despite her failure to significantly communicate with her child for a one-year period, a Greene County mother’s consent to the child’s adoption was required because she spent that year working toward recovery from a drug addiction, a majority of Indiana Supreme Court justices have ruled.