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Opinions March 11, 2020

March 11, 2020

The following opinions were posted after IL deadline Tuesday.
7th Circuit Court of Appeals
USA v. Monique Bowling
19-2110
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Affirms Monique Bowling’s 63-month sentence for conviction of theft from a local government that received federal funds under 18 U.S.C. § 666(a)(1)(A). Finds the federal funds element was met when the parties stipulated that the City of Gary received more than $10,000 in federal benefits in a one-year period. Also finds no error in admitting testimony under Rule 404(b) and that the district court’s finding that Bowling deliberately exaggerated her mental health symptoms and remained mute to unnecessarily delay the proceedings does not need to be disturbed.

Reversal: Orange County man’s child molesting conviction improperly elevated

March 11, 2020 | Katie Stancombe

The Indiana Court of Appeals has ordered a man convicted of child molesting resentenced. The panel found his felony conviction was improperly elevated and cautioned the trial court regarding consideration of his uncharged allegations on remand.

Justices allow ‘remain in Mexico’ asylum policy to continue

March 11, 2020 | Associated Press

The Supreme Court of the United States on Wednesday said it would allow the Trump administration to continue enforcing a policy that makes asylum-seekers wait in Mexico for U.S. court hearings, despite lower court rulings that the policy probably is illegal.

Tax Court affirms Evansville rehab center falls under 3% tax cap

March 11, 2020 | Katie Stancombe

An Evansville temporary inpatient rehab center is not considered to be either a long-term care property or a residential property, the Indiana Tax Court affirmed Tuesday. As such, the property owner’s tax liability was required to be computed using the 3% property tax cap.

 

Justices order body exhumed for original gravesite buyer’s use 

March 11, 2020 | Katie Stancombe

A divided Indiana Supreme Court is ordering a cemetery to exhume a man from his burial place after the gravesite was accidentally sold to two buyers. The 3-2 majority of justices reversed in the original owner’s favor on Wednesday, ordering for the grave to be restored for her future use.

Conviction upheld for ex-Gary city employee who ordered, sold iPads

March 11, 2020 | Katie Stancombe

A former employee of the City of Gary who purchased more than $1.3 million in computer equipment and resold it for cash lost an appeal of her conviction and sentence before the 7th Circuit Court of Appeals on Tuesday.

Trucker awarded nearly $900K after Lawrenceburg post office fall

March 11, 2020 | Olivia Covington

The United States government has been ordered to pay nearly $900,000 to a disabled truck driver who suffered brain and spinal injuries after a fall at an Indiana post office.

Coronavirus impacting Indiana courts, law firms, schools

March 11, 2020 | IL Staff

The Indiana legal community is taking precautions and ramping up efforts to stay healthy as the coronavirus spreads. Meanwhile, Faegre Drinker announced Wednesday that it had reopened most of its offices Wednesday, including its Indianapolis location. The firm had closed all 22 of its global offices Tuesday after a person who attend a firm event in Washington, D.C., tested positive for COVID-19.

AG Hill: State agencies can’t use nonbinary gender marker

March 11, 2020 | Olivia Covington

Indiana agencies are not allowed to use an “X” gender designation on identification documents for residents who don’t identify as male or female, the state attorney general said.

State total of COVID-19 cases rises to 10 after 3 test positive in Johnson County

March 11, 2020 | Indianapolis Business Journal Staff

The Indiana State Department of Health on Wednesday said the number of presumptive positive cases for COVID-19 has risen to 10 in the state after the emergence of four more cases, including three cases in Johnson County.

Court: House entitled to see Mueller probe grand jury testimony

March 11, 2020 | Associated Press

The Justice Department must give Congress secret grand jury testimony from special counsel Robert Mueller’s Russia investigation, a federal appeals court ruled Tuesday, giving the House a significant win in a separation-of-powers clash with the Trump administration.

Indiana lawmakers pass controversial coal bill

March 11, 2020 | John Russell and Indianapolis Business Journal Staff

A controversial bill that would prohibit Indiana utilities from shutting down coal-fired power plants before May 2021 has passed both chambers of the Indiana General Assembly and is on its way to Gov. Eric Holcomb for his signature.

Bill to effectively ban panhandling in Indianapolis passes both chambers

March 11, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff

Indiana lawmakers have taken steps to significantly expand the definition of panhandling in a measure that effectively bans the activity throughout downtown Indianapolis.

Fair Finance bankruptcy trustee loses high-stakes jury trial against deep-pocketed lender

March 11, 2020 | Greg Andrews, Indianapolis Business Journal and Indianapolis Business Journal Staff

The bankruptcy trustee seeking to recover millions of dollars for victims of Indianapolis businessman Tim Durham’s Ponzi scheme has come up empty in a nearly decade-long lawsuit against a deep-pocketed lender he alleged was culpable in the fraud.

Potential coronavirus exposure closes all Faegre Drinker offices

March 10, 2020 | IL Staff

Faegre Drinker Biddle & Reath closed all 22 of its global offices Tuesday due to concerns over the coronavirus outbreak. Attorneys worked remotely after concerns that employees in the firm’s Washington, D.C., office had potentially been exposed a day prior.

Distracted driving legislation approved by both chambers, heads to Holcomb

March 10, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff

Get ready to put your cell phones down in the car. Legislation that bans drivers from holding or using cellphones while operating a motor vehicle passed the Indiana House and Senate on Tuesday and heads to Gov. Eric Holcomb, who is expected to sign it into law.

Opinions March 10, 2020

March 10, 2020

Indiana Court of Appeals
Larry Mickow v. AAA Insurance MemberSelect Insurance Company (mem. dec.)
19A-CT-1546
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of MemberSelect Insurance Company against Larry Mickow. Finds that because no factual dispute exists as to whether MemberSelect breached its duty of good faith and fair dealing, the trial court properly granted summary judgment on Mickow’s bad faith claim. Also finds it properly granted summary judgment in favor of MemberSelect on his breach of contract claim.

Housing amendment that would bar local ordinances protested at Legislature

March 10, 2020 | Marilyn Odendahl

Pushing what legislators have so far not been able to stop, housing advocates arrived at the Statehouse Monday hoping to derail an amendment that opponents say would not only further disadvantage Indiana renters but also possibly preempt cities from regulating rental properties.

Strong showing of intellectual disability prompts stay of federal execution

March 10, 2020 | Katie Stancombe

A federal judge in Indiana has granted a Louisiana man’s motion to stay his execution pending resolution of his habeas action, finding the man made a strong showing that he is intellectually disabled and as a result, the Federal Death Penalty Act forbids his execution.

Attorney accused of tax evasion suspended; 2 justices would disbar

March 10, 2020 | IL Staff

A Schererville attorney previously arraigned in federal court on charges of tax evasion and failure to pay federal income taxes has been suspended from the practice of law for three years without automatic reinstatement, the Indiana Supreme Court ordered Tuesday. Some of the justices, however, said they would disbar the attorney.

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In This Issue

  • Federal judges have sided with employers in three recent cases brought by employees over extra fees

  • After 25 years at McKinney, Tom Wilson isn’t done teaching

  • Indiana Office of Inspector General announces felony charges against former state employees 

Most Read
  • COA upholds murder convictions, 100-year sentence for teen convicted in siblings’ suffocation deaths

  • Attorney General seeks dissolution of Noblesville charity, says it mishandled assets

  • Judge spares Baer death penalty, resentences killer to life in prison

  • Investigation finds pattern of sexual abuse by former Notre Dame rector

  • Dustin Houchin: Sorry, but it’s a law: Social intervention programs don’t work

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