Grand jury to hear case of rail officer’s shooting of teen
A grand jury in Elkhart will decide whether a railroad officer was justified when he shot a 13-year-old boy who led police on a car chase.
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Opinions Dec. 6, 2017
Indiana Court of Appeals
Kevin M. Dolick v. State of Indiana (mem. dec.)
79A02-1701-CR-21
Criminal. Affirms Kevin M. Dolick’s six-year sentence for his conviction of Level 3 felony dealing in methamphetamine, enhanced by three years based upon his guilty plea to using a firearm in the commission of the controlled substance offense. Finds Dolick waived his double jeopardy claim against the three-year enhancement by pleading guilty and benefitting from a plea bargain.
Justices weigh if doctor who reported suspected abuse can be sued
A dispute over whether doctors who report suspected child abuse are protected under Indiana statute will come before the state’s high court this week — one of three oral arguments the court will hear Thursday.
Judge sides with Simon, bars Starbucks from closing Teavana stores
An Indianapolis judge granted Simon Property Group Inc. a significant victory in its bid to stop Starbucks Corp. from closing 77 Teavana stores in Simon malls across the country.
ICLEO program taking applications for 2018
The Indiana Conference for Legal Education Opportunity (ICLEO) program is taking applications from underrepresented individuals interested in pursuing a law degree and career as a lawyer.
Lawyers: Trump too busy to face woman’s defamation lawsuit
Lawyers for President Donald Trump argued on Tuesday that a defamation lawsuit filed by a former contestant on his reality TV show “The Apprentice” who accused him of unwanted sexual contact should at least be blocked while he’s in office because he’s too busy and important.
Lawyer sentenced to 2 years for wire fraud conviction
A disbarred Lake County lawyer convicted of wire fraud after he was accused of draining a receivership of more than $330,000 was sentenced to two years in federal prison Tuesday.
Gun maker’s exploding rifle leaves trail of injured hunters
It was the opening day of deer hunting season, and Ronald Hansen says he loaded his rifle the same way he had countless times before, aimed at a target and fired a shot.
Indiana stores see spike in marijuana-derived oil sales
Stores selling marijuana-derived oils in central Indiana are seeing a spike in sales after the state’s attorney general declared the products illegal with one limited exception.
Charges: Bribed guard let inmates out for sex, drugs in
A correctional officer at the federal prison in Terre Haute has been charged with taking bribes to look the other way as inmates left the grounds for sex, and to allow drugs, cellphones and other contraband into the facility.
Opinions Dec. 5, 2017
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Joseph R. Elliott v. Board of School Trustees of Madison Consolidated Schools
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the grant of summary judgment in favor of Joseph Elliott on his constitutional claim against the Board of Trustees for Madison Consolidated Schools. Finds the retroactive application of the layoffs provision of Indiana’s 2011 Senate Bill 1 to teachers who were tenured before the law took effect is a substantial impairment to those teachers’ constitutional contractual rights.
Divided Supreme Court throws out juvenile’s LWOP sentence
In a 3-2 decision Tuesday, the Indiana Supreme Court reduced a life without parole sentence for an offender convicted of murder at 17, finding LWOP sentences should be reserved for the most “heinous” juvenile offenders. The dissenting justices, however, found the nature of the crime in question warranted a life sentence.
Kennedy wrestles with wedding cake case at Supreme Court
His vote likely to decide the outcome, Supreme Court Justice Anthony Kennedy voiced competing concerns Tuesday about respecting the religious beliefs of a Colorado baker who wouldn’t make a wedding cake for a same-sex couple, and the gay couple’s dignity.
7th Circuit affirms ruling for laid off tenured teacher
The 7th Circuit Court of Appeals has struck down the retroactive application of an Indiana law that removed job security protections for tenured teachers, finding the application to teachers who were tenured before the law took effect is a substantial impairment to their constitutional contractual rights.
Trump’s tweet adds to allies’ worries about legal problems
The shifting explanations for why President Donald Trump fired national security adviser Michael Flynn have revived questions about whether the president may have obstructed an ongoing investigation of potential contacts between his campaign and Russia.
Tribes sue over Trump’s decision on monuments
President Donald Trump’s rare move to shrink two large national monuments in Utah triggered another round of outrage among Native American leaders who vowed to unite and take the fight to court to preserve protections for lands they consider sacred.
7th Circuit judge: Check with opposing counsel to speed rulings
Seventh Circuit Court of Appeals Judge David Hamilton had some advice for parties who want the court to act quickly on their case management motions: check with opposing counsel before filing to find out whether they will oppose the proposed motion.
Indiana among 13 states challenging California egg law
Indiana is among more than a dozen states that banded together Monday to ask the U.S. Supreme Court to block a California law requiring any eggs sold there to come from hens that have space to stretch out in their cages.
Special judge halts ‘irrational’ Charlestown code enforcement
After criticizing a southern Indiana city’s practice of levying code violation fines against some, but not all, local property owners as “irrational,” a Scott County judge has issued a preliminary injunction requiring the city to issue fines in a consistent manner that complies with local ordinances.
SCOTUS suggests it may side with states in sports betting case
The Supreme Court on Monday suggested it may side with New Jersey in its effort to make sports gambling legal in a case that could make betting on football, basketball and other sports widely available.