Barrett confirmation highlights fierce fight over judiciary
The controversy surrounding Amy Coney Barrett’s nomination to the 7th Circuit Court of Appeals did not end with the Senate’s confirmation vote Oct. 31.
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Supreme Court affirms Land Rover forfeiture in drug case
The state of Indiana can move forward with its plan to seize a Land Rover worth more than $40,000 from a convicted heroin dealer after the Indiana Supreme Court ruled the Eighth Amendment’s Excessive Fines Clause does not bar the state from making such a forfeiture.
Opinions Nov. 2, 2017
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Wanda Shorter
16-2053
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio
Criminal. Affirms Wanda Shorter’s convictions of health care fraud and three counts of misusing a means of identification. Finds the district court did not err in the admission of evidence. Also finds Shorter did not prove the indictments for the identity charges were duplicitous. Finally, finds the evidence was sufficient to convict Shorter.
Due in court, Manafort attacks Russia probe indictment
Accused of multiple financial crimes, President Donald Trump’s former campaign chairman on Thursday attacked the strength of the evidence against him, saying the case brought by special counsel Robert Mueller is “embellished.”
Former town marshal gets 50 years in wife’s murder
A central Indiana judge has given a 50-year prison sentence to a former deputy town marshal in the death of his wife who was shot with his police weapon.
Police cleared in black man’s death still face inquiries
Two Indianapolis police officers cleared by a special prosecutor of criminal wrongdoing in the shooting death of an unarmed black motorist who fled a traffic stop still face an FBI civil rights probe, a federal lawsuit and potential disciplinary action by the department.
Barnes partner Sweeney nominated for Southern District judgeship
President Donald Trump has nominated Barnes & Thornburg partner James Sweeney II for a judgeship on the U.S. District Court for the Southern District of Indiana.
Courts open to cameras during National Adoption Day events
Courts in 24 counties across Indiana will be allowing families and the media to photograph and videotape adoption proceedings this month as part of the National Adoption Day celebration.
COA affirms denial of felony expungement
A DeKalb County man must retain a felony conviction on his criminal record after the Indiana Court of Appeals on Wednesday upheld the trial court’s decision not to grant his petition to expunge that conviction.
COA affirms authority given to community corrections directors
A state statute allowing community corrections program directors to recommend the revocation of an offender’s placement is not unconstitutional because it does not infringe upon the power of the judicial branch, the Indiana Court of Appeals has ruled in a decision upholding a Vigo County revocation decision.
COA applies amended wage statute retroactively
A man failed to convince the Indiana Court of Appeals that a change in the Wage Payment Statute that occurred during his employment should not be applied retroactively.
Supreme Court adopts new rules for e-filing wills, proof of debt
As the push for mandatory electronic filing continues in Indiana, the Indiana Supreme Court has established new rules on how to handle original wills when an estate case is opened electronically.
Opinions Nov. 1, 2017
Indiana Court of Appeals
Raymond Brown, on behalf of Himself and All Others Similarly Situated v. Bucher and Christian Consulting, Inc., d/b/a BCforward
49A04-1611-PL-2564
Civil plenary. Affirms the Marion Superior Court’s order granting partial summary judgment on the pleadings filed by Bucher and Christian Counseling, Inc., d/b/a BCforward on Raymond Brown’s claims under the wage payment statute. Finds the trial court did not err as a matter of law when it found Brown was not entitled to seek damages for salary-based wages or commission-based payments under the wage payment statute.
2 Indianapolis officers won’t be charged in fatal shooting
Two Indianapolis police officers who fatally shot an unarmed black motorist after he fled a traffic stop won't face criminal charges in the killing, in part because the officers told investigators they believed he was reaching for a gun, a special prosecutor announced Tuesday. Indianapolis Police Chief Bryan Roach scheduled a news conference for Wednesday to discuss the prosecutor's decision.
Former Trump adviser’s guilty plea could rattle White House
President Donald Trump dismissed George Papadopoulos as a "liar" and a mere campaign volunteer, but newly unsealed court papers outline the former advisor's frequent contacts with senior officials and with foreign nationals who promised access to the highest levels of the Russian government.
Lawsuit targets Trump’s rollback of birth-control rule
Two national advocacy groups filed a federal lawsuit in Indiana on Tuesday challenging a rule change by President Donald Trump's administration allowing more employers to opt out of no-cost birth control for workers.
Notre Dame’s Barrett confirmed to 7th Circuit
The U.S. Senate confirmed Notre Dame law professor Amy Coney Barrett to the 7th Circuit Court of Appeals today on a 55-to-43 vote.
COA grants summary judgment to contractors protected by subrogation waiver
An insurance company cannot seek reimbursement from two contractors on a claim it paid on behalf of its insured because the insured’s contract with the contractors contained a subrogation waiver that bars the insurer’s negligence claim, the Indiana Court of Appeals ruled Tuesday.
Young, Donnelly support confirmation of Barrett to 7th Circuit
Notre Dame law professor Amy Coney Barrett is expected to be confirmed by the U.S. Senate either today or early tomorrow morning to the 7th Circuit Court of Appeals with the support of both Indiana senators.
Opinions Oct. 31, 2017
The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
Indiana Department of Workforce Development v. Kristofer Hugunin
64A05-1703-CC-583
Civil collection. Reverses the denial of the Indiana Department of Workforce Development’s motion for summary judgment in its action against Kristopher Hugunin. Finds the department is entitled to judgment as a matter of law. Remands with instructions for the Porter Superior Court to grant the summary judgment motion.