Man pleads guilty to killing 2 brothers at Fort Wayne motel
A man accused of stabbing two brothers to death last December at a Fort Wayne motel pleaded guilty Friday, telling a judge he killed the siblings because he had “a problem with them.”
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Will missing in estate fraud suit against disgraced lawyer, assistant
The original will at the center of a six-figure estate fraud case is missing, according to recent court filings in a civil lawsuit. Charities alleging the law firm that handled the estate absconded with the money also have subpoenaed the Indiana Supreme Court Disciplinary Commission for records in the related ethics case that led to the recent resignation of attorney and one-time judge Robert Monfort.
Northern District certifies negligence question to Indiana Supreme Court
An internal split within the Indiana Northern District Court over whether store managers may be held liable in certain negligence cases has prompted a federal judge to ask the Indiana Supreme Court for guidance.
Judge nixes Trump bid to delay suit from woman alleging rape
A New York judge knocked down President Donald Trump’s bid to delay a lawsuit from a woman who accused him of rape, ruling in a decision released Thursday that the presidency doesn’t shield him from the case.
Indiana state superintendent says schools can safely reopen
Indiana’s top education official said Thursday that she think schools can safely reopen despite mounting reports of students and staffers testing positive for the coronavirus within days of returning to the classroom in some districts.
Man who allegedly targeted Black neighbor with swastika, slurs charged with hate crime
| Associated Press and IL Staff
An Indiana man, allegedly angered by the removal of a tree, is charged with a hate crime for attempting to intimidate an African American neighbor because of his race, the U.S. Justice Department announced Thursday.
New York attorney general seeks to dissolve NRA
New York’s attorney general sued the National Rifle Association on Thursday, seeking to put the powerful gun advocacy organization out of business over claims that top executives illegally diverted tens of millions of dollars for lavish personal trips, no-show contracts for associates and other questionable expenditures.
Opinions Aug. 6, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Karen Vaughn v. Jennifer Walthall
19-1244
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus‐Stinson.
Civil. Reverses a grant of summary judgment and an injunction in favor of Karen Vaughn that required the state of Indiana to pay the costs of her necessary around-the-clock home-based health care not reimbursed by Medicaid. Finds Vaughn is entitled to care only to the extent that, working with the state, she can craft a program that complies with federal and state law and does not deprive Indiana of the ability to receive its share of federal reimbursement through the Medicaid program for services provided. Remands for proceedings.
Indiana eviction, utility shutoff moratoriums end next week
| Associated Press and IL Staff
Indiana residents who have struggled to pay rent or utility bills during the coronavirus pandemic have one more week before the state’s protections against evictions and utility shutoffs end, despite a recent analysis that found that more than 40% of the state’s renters are unable to pay their rent.
Ex-Lake County Sheriff Buncich resentenced for bribery, fraud
| Associated Press and IL Staff
A former northwestern Indiana sheriff has been resentenced to more than 12 years in federal prison for accepting bribes from towing businesses. The sentence is about three years less than long-serving former Lake County Sheriff John Buncich received after he was convicted in a 2017 public corruption case.
COA: Good Samaritan Law shields trucker who stopped on foggy road to call 911
The Indiana Court of Appeals has partially reversed the denial of summary judgment to a truck driver involved in a car accident after finding both he and his employer are entitled to protection under the Good Samaritan Law. The case attracted an amicus brief from the Indiana Trial Lawyers Association.
COA affirms admission of child molesting victim’s forensic interview
The Indiana Court of Appeals has affirmed a man’s child molesting conviction after finding that the admission of a forensic interview video played for the jury under Indiana Rule of Evidence 803(5) was not an abuse of discretion.
7th Circuit declines to reinstate exhibitor’s license for controversial Charlestown zoo owner
In a second legal defeat in one week, the owner of the controversial Charlestown zoo appearing in Netflix’s “Tiger King” series has lost his bid to reinstate his federal exhibitor’s license.
Indiana reports another daily high in COVID-19 cases
The Indiana State Department of Health on Thursday reported 1,051 new COVID-19 cases, an all-time daily high.
Reversing rulings for quadriplegic, 7th Circuit asks ‘how much’ court may order state to pay
A quadriplegic woman requiring nearly around-the-clock care was stripped of a federal court ruling permitting her to dictate the terms of her own home health care at the state’s expense. In so ruling, the 7th Circuit Court of Appeals asked, “How much state expenditure outside the scope of the Medicaid program may a court command?”
Family of Black man killed by Indianapolis officer gets autopsy report
An autopsy report on a Black man fatally shot in May by an Indianapolis police officer was released to the man’s family Wednesday, three months after his death and following repeated requests from his relatives for the report’s release.
James Dimos remembered as a friend and champion of lawyers
Indiana attorney Jim Dimos, who left private practice to help lead the American Bar Association after leading both his local and state bars, is being remembered as someone who was “quietly effective” and a friend to the legal profession. He died Wednesday of a heart attack at age 59.
Indiana officials say attending school, voting can be done safely
| Associated Press and IL Staff
Indiana Gov. Eric Holcomb and other state officials defended brick-and-mortar school reopenings Wednesday despite mounting reports of students and education staff testing positive for the coronavirus since returning to school statewide. The governor also resisted calls to expand voting by mail in the November general election.
Opinions Aug. 5, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday:
John Myers v. Ron Neal
19-3158
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Reverses the order granting John Myers’ petition for a writ of habeas corpus and reinstates his murder conviction in the 2000 death of Indiana University student Jill Behrman. Finds that the district court correctly held that Myers’ counsel was deficient, but determines that deficiency was not prejudicial in light of the strength of the state’s case against Myers separate and apart from those errors.
Allen County Bar Association working to improve diversity and inclusion
| IL Staff
Inspired by the call for action from Indiana Chief Justice Loretta Rush, the Allen County Bar Association has taken steps to broaden access and participation in the legal profession and the justice system.