Jurors convict Indiana day care provider in toddler’s death
Jurors in northern Indiana have convicted a New Paris day care provider in the 2014 death of a 19-month-old boy in her care.
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Indiana Supreme Court considers general contractor’s duty of care to subcontractors
In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”
Lawyer’s use of word ‘Negro’ prejudiced client, but doesn’t get PCR
A defense attorney who has since been disbarred prejudiced his absent client when he referred to him as a “Negro” before potential jurors, a judge wrote, but the offending word wasn’t enough for the Court of Appeals to grant post-conviction relief.
Opinions Dec. 1, 2016
Corey Middleton v. State of Indiana
32A01-1603-PC-592
Post conviction. Affirms denial of petition for post-conviction relief. While Corey Middleton’s defense attorney used the word ‘Negro’ to describe him during voir dire, the offending language does not entitle him to post-conviction relief because of the considerable evidence against him that led to his conviction and 40-year sentence on drug and gun charges. Middleton was also not entitled to PCR when his attorney, who has since been disbarred, failed to inform him of a plea agreement that Middleton said he would have accepted or on other grounds.
Justices consider transfer in chemical breath test case
Indiana’s rules regarding chemical breath tests can be read as a recipe, with each rule laid out for the process of testing someone’s blood alcohol content meant to be followed sequentially, said the attorney for a woman challenging her misdemeanor drunken-driving charges.
Anthem’s Cigna takeover could draw $3B Blue Cross fine, exec testifies
Anthem Inc. could face a penalty of about $3 billion from the national Blue Cross Blue Shield Association if it fails to derive the bulk of its nationwide revenue from Blue-branded products after acquiring Cigna Corp., according to testimony from an Anthem executive during a U.S. antitrust trial in Washington.
Katie Couric moves to dismiss $13 million defamation lawsuit over ‘Under the Gun’
In court papers lodged Tuesday, Katie Couric contends that a gun rights group has read too much into pregnant silence in Under the Gun. She's now moved for dismissal of a $13 million lawsuit with the argument that eight seconds from the two-hour-long documentary are incapable of defamatory meaning.
Allen County judge dismisses Fort Wayne tax suit for lack of jurisdiction
An Allen County judge has dismissed the city of Fort Wayne’s complaint against the county auditor’s allocations of taxes, writing that the case should be heard in the Indiana Tax Court, not a trial court.
Full 7th Circuit hears LGBT-workplace bias appeal
The 7th Circuit Court of Appeals has heard arguments en banc on whether the 1964 Civil Rights Act covers workplace discrimination against LGBT workers.
Opinions Nov. 30, 2016
Indiana Court of Appeals
Mark Vinup v. Joe's Construction, LLC and Joe Getz and Property-Owners Insurance Company v. Joe's Construction, LLC and Joe Getz
58A04-1602-CT-502
Civil tort. Affirms the Ohio Circuit Court’s grant of summary judgment in favor of Property-Owners Insurance Co. and Joe’s Construction. Finds that Mark Vinup failed to establish that a genuine issue of material fact exists on the issue of whether his status was that of an employee at the time he was injured. Also finds that under the plain language of the policy, Vinup was not a temporary worker, and the trial court did not err when it granted Property-Owners’ motion for summary judgment.
Court affirms injunction preventing violations of non-compete clauses
After several employees from one civil engineering firm began soliciting employees from a competitor, the Indiana Court of Appeals held Wednesday that a trial court correctly issued a preliminary injunction to force the employees to comply with non-compete and non-solicitation clauses they had signed.
US Supreme Court weighs bond hearings for detained immigrants
A seemingly divided U.S. Supreme Court on Wednesday tried to figure out whether the government can detain immigrants indefinitely without providing hearings in which they could argue for their release.
COA upholds summary judgment in workers’ comp case
Although he was hired to work on a specific project for a southern Indiana construction company, a worker who was injured on a construction job must seek damages through Indiana’s Worker’s Compensation Act because he was considered an “employee” of the company.
COA: Indiana trial court has no personal jurisdiction over New York resident
An Indiana trial court cannot assume personal jurisdiction over a woman who lives in New York and has no ties to the Hoosier state, despite the fact that she is being sued by Indiana litigants.
Indiana mother pleads not guilty in kids’ fatal stabbing
A central Indiana woman who admitted fatally stabbing her young son and daughter has pleaded not guilty to murder charges.
2nd trial underway for woman charged with toddler’s death
A second trial is underway in northern Indiana for a day care provider charged with the death of a toddler in her care.
‘Leaky pipeline’ study spotlights gender inequality in law schools
The problems of gender inequality in the legal profession start when women apply to law school, according to a new report from Law School Transparency.
Judges: Parents, courts need guidance on discipline
The Indiana Court of Appeals upheld a man’s conviction for battery against his daughter on Wednesday but expressed concern over the lack of guidance courts are given when trying to determine when parental discipline goes too far.
Justices hint at wider death-penalty exemption for disabled
A narrow U.S. Supreme Court majority signaled it may force Texas to broaden its death-penalty exemption for people who are intellectually disabled.
Tippecanoe County sees increase in felonies with firearms
Tippecanoe County has seen an increase of felonies involving firearms this year with at least 59 people charged in crimes such as battery with a firearm or armed robbery.