A man fighting to get his name on the 2020 Starke County Republican primary ballot just weeks before the election had his case dismissed by an Indiana Court of Appeals panel on Tuesday.
Indiana Supreme Court
In the Matter of Curtis T. Hill, Jr.
19S-DI-156
Discipline. Suspends Indiana Attorney General Curtis Hill for 30 days with automatic reinstatement for his violation of Professional Conduct Rules 8.4(b) and 8.4(d). Orders Hill shall not undertake any new legal matters between service of the Indiana Supreme Court’s opinion and the effective date of the suspension, May 18, and he shall fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26). Finds in favor of Hill on the Oath of Attorneys charge. The costs of the proceeding are assessed against him.
Indiana Supreme Court justices will start hearing oral arguments through videoconferencing later this week. Their first case deals with a medical malpractice dispute involving an unwilling prospective juror who was thought to be evading jury duty.
7th Circuit Court of Appeals
USA v. Shon L. Gibson
19-1402
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa Springmann.
Criminal. Affirms the indictment against Shon Gibson for charges of possessing with intent to distribute methamphetamine and being a felon in possession of a firearm. Finds the evidence seized from his home pursuant to a search warrant was not obtained as a result of Fourth Amendment violations.
The Indiana Court of Appeals has affirmed an award of millions to a centrifuge company after two of its former employees took thousands of protected files in the creation of their own startup competitor company.
An indicted man whose wife tipped law enforcement about drugs in their home did not convince the 7th Circuit Court of Appeals that evidence revealed from a search warrant based on her insight violated the Fourth Amendment.
7th Circuit Court of Appeals
Acheron Medical Supply, LLC v. Cook Medical Incorporated
19-2315, 19-2410
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence.
Civil. Affirms the Southern District Court’s conclusion that while Acheron Medical Supply, LLC breached a distribution agreement and that Cook Medical Incorporated did not, the plaintiff was not liable for its breach. Finds the district court correctly held Cook had no obligation to submit to the VA audit or deactivate its DAPA. Finds the district court correctly held that Acheron breached the agreement by not obtaining the FSS but was not liable for that breach due to the force majeure provision.
The following Indiana Supreme Court opinion was posted after IL deadline on Tuesday:
In the Matter of R.L. (Minor Child); J.R. (Mother) v. Indiana Department of Child Services and Child Advocates, Inc.
20S-JC-296
Juvenile CHINS. Reverses the Marion Superior Court finding that R.L. is a child in need of services and dismisses the CHINS petition with prejudice. Finds that under Matter of Eq.W., 124 N.E.3d 1201 (Ind. 2019), the Department of Child Services was barred from filing a successive CHINS petition after the first petition was dismissed with prejudice.
A man convicted of robbery did not convince the Indiana Court of Appeals that that he wasn’t tried within the time period allowed by the Interstate Agreement on Detainers. Instead, the delays were his fault, the appellate court found.
Precedent gave Indianapolis Power and Light a reversal in lawsuit brought by a man who was electrocuted by the utility’s uninsulated power lines.
Criticizing the Department of Child Services for attempting to take a “second bite of the proverbial apple” by filing a successive CHINS petition, the Indiana Supreme Court has reversed a CHINS adjudication and instead dismissed the petition with prejudice.
A father who sued the Indiana Department of Child Services after his son died in the custody of his mother and her boyfriend was barred from continuing with his lawsuit Wednesday by the Indiana Court of Appeals. A panel of judges ruled for DCS, finding the father had not timely given the agency tort claim notice.
A student was wrongly convicted by a jury of shooting another teen during a drug deal gone bad, the Indiana Court of Appeals ruled on Wednesday. The panel reversed his convictions and decades-long sentence after finding insufficient evidence that he committed the crime.
Indiana Court of Appeals
Blake B. Hartman v. BigInch Fabricators & Construction Holding Company, Inc.
19A-PL-2263
Civil plenary. Reverses the Parke Circuit Court’s summary judgment in favor of BigInch Fabricators & Construction Holding Company. Finds that as a matter of law, the value of shares under the buyback provision in the Shareholder Agreement, which required the appraised market valuation, cannot be discounted for lack of marketability and control when BigInch is required to purchase the shares. Judge Elizabeth Tavitas concurs in part and dissents in part with separate opinion.
A man accused of battering a 2-year-old was ordered released from jail Tuesday by the Indiana Court of Appeals after it found no evidence that he posed a threat to either the victim or the community.
An appellate panel reversed in favor of the founder of a natural gas installation company after it found the value of his shares under a buyback provision in a company agreement couldn’t be discounted for lack of marketability and control.
A woman who suffered a brain injury after a horse-riding accident did not convince the Indiana Court of Appeals that the trial court was wrong in ruling for the renter of a horse-training arena.
Indiana Court of Appeals
Jason Dean Hubbell v. State of Indiana (mem. dec.)
19A-PC-2058
Post conviction. Affirms the denial of Jason Hubbell’s petition for post conviction relief. Finds Hubbell has not met his burden of showing the evidence leads unerringly and unmistakably to a conclusion opposite that reached by the Bartholomew Circuit Court.
It’s a morning of firsts for the United States Supreme Court: the first time audio of the court’s arguments will be heard live by the world and the first arguments by telephone.
A 7th Circuit Court of Appeals majority affirmed Thursday the dismissal of a homeowner’s complaint against a bank that he alleged failed to honor a loan-modification offer that could have kept him from foreclosure.