Bills for new Howard, Tippecanoe judicial officers advance
Two of four House measures in the Senate that would bring judicial relief to some Indiana counties were given the go-ahead to proceed Wednesday, but two other bills have yet to move forward.
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Easement allows surrounding properties access, COA rules
The Indiana Court of Appeals affirmed a trial court order determining that a mulch business could have access to an easement owned by a neighboring property, finding that the easement was for the benefit of all surrounding properties.
Judge sanctions lawyer, ex-DOC nurse in inmate abuse case
After declaring her trust in the statements submitted by defendants in prisoner litigation cases “shattered,” a federal judge imposed sanctions — some as as severe as default judgment — on a former prison nurse and her attorney accused of misconduct as serious as perjury.
Judgment awarded to Southport, police officials in legal feud with city councilwoman
The curtains have closed, at least for now, on a longstanding political battle between Southport law enforcement, a city council member and her ex-boyfriend now that a district court has awarded judgment in favor of the city, its police chief and a former detective on their motions for summary judgment on the council members remaining claims.
Appeals court allows class action against Mishawaka car dealer to continue
A Mishawaka car dealership failed to convince the Indiana Court of Appeals that it was wrongly denied its motion to dismiss a class action complaint from several angry customers after the panel found general allegations of uncured and incurable acts against the dealership were enough for dismissal.
Ex-husband’s due process rights not violated by invasion of privacy statute
A man who argued his constitutional right to have an intimate relationship with his ex-wife had been violated was denied an appeal of his invasion of privacy conviction when the Indiana Court of Appeals found the privacy statute did not directly interfere with his fundamental rights.
COA upholds TPR ruling after parents’ continued substance abuse
Parents arguing the termination of their parental rights was not in the best interest of their minor child lost their argument when the Indiana Court of Appeals found their ongoing substance abuse issues had not improved over time.
Former Elkhart sheriff captain charged with false informing
Prosecutors charged 49-year-old James Bradberry on Tuesday with three counts of false informing. Prosecutors allege the former captain concealed information about Elkhart County Sheriff’s Department employees who are accused of collecting $45,000 for hours they didn’t work between 2014 and 2017.
Indianapolis woman faces charges after 2-month-old’s death
Indianapolis police say a 36-year-old woman faces preliminary neglect charges after her 2-month-old daughter died. Police said Wednesday that officers performing a welfare check found Rachel McAfee and her baby, Emma McAfee, in a vehicle Tuesday afternoon, and the baby was pronounced dead at the scene.
Majority justices grant PCR to ‘Dreamer;’ dissent calls ruling ‘bridge too far’
A Mexican immigrant who was living in the United States under the Deferred Action on Childhood Arrivals policy and who was deported after pleading guilty to misdemeanor charges has won relief from the Indiana Supreme Court, which overturned the denial of post-conviction relief in a divided opinion Tuesday.
Justices grant transfer in 2 cases, deny legal malpractice case
The Indiana Supreme Court has agreed to consider two cases involving seized cash and an extended protective order while also denying transfer to a legal malpractice case resolved in favor of a Bloomington attorney.
Waived appellate rights enforceable despite unusual waiver language, 7th Circuit rules
A man who explicitly waived his right to appeal his decade-long sentence was denied his appeal of that sentence Monday when the 7th Circuit Court of Appeals determined the waiver of his appellate rights was valid despite the “unusual” language of his plea agreement.
Vanderburgh County man gets 150 years for killing wife, shooting daughters
A southwestern Indiana man convicted of killing his wife and shooting his adult twin daughters has been sentenced to 150 years in prison. Clinton Loehrlein learned his sentence Monday after a Vanderburgh County jury last year found the Darmstadt man guilty of murder in the January 2017 slaying of 52-year-old Sherry Loehrlein, two counts of attempted murder, two counts of aggravated battery and misdemeanor resisting law enforcement.
Web exclusive: Maurer 1L judicial clerkships offer legal aid to rural judges
Five first-year law students from Indiana University Maurer School of Law who are interested in careers in public service have been selected and paired with Indiana trial court judges who preside in smaller communities — specifically, Orange, Putnam, Vigo, Washington and White counties. The pilot’s ultimate goal: offering law students an opportunity to experience real-life practice in smaller communities while assisting Hoosier judges who might be overlooked by students who want to clerk in larger urban areas.
17-year-old charged with murder in 2 Porter County deaths
A 17-year-old Indiana youth faces murder charges for allegedly killing two other teens in what police say an informant told them was a drug deal gone bad. Porter County prosecutors say Connor R. Kerner of Valparaiso is charged as an adult in the deaths of 18-year-old Thomas Grill and 19-year-old Molley Lanham.
Boy, 11, charged after shooting state-trooper dad
Authorities say an 11-year-old Indiana boy who shot and wounded his state-trooper father has been charged as a juvenile with attempted murder. St. Joseph County prosecutors have filed a petition alleging delinquency for attempted murder, the juvenile equivalent of a criminal charge.
Stafford: Indiana’s high court gets just reward in 9-0 rebuff
Take your pick from the political spectrum: Justices Ruth Bader Ginsburg and Clarence Thomas each wrote eloquently in rejecting the Indiana Supreme Court’s tortured logic in an extreme civil forfeiture case. Thank goodness.
Indiana leads 20-state coalition’s whistleblower brief
A scheme to award a multi-million-dollar no-bid subcontract to provide security in Iraq during the cleanup of munitions has put the spotlight on the federal False Claims Act and raised concerns among states, including Indiana, that a narrower interpretation of the long-standing statute could impact their ability to recover in whistleblower complaints.
Indiana Court Decisions — Feb. 14-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Charlestown residents challenging sale of water utility
A group of residents from Charlestown is challenging the sale of the local water utility to Indiana-American Water, a transaction that comes with a $13.4 million price tag. Charlestown officials say the sale will improve the local water quality in the long run while mitigating rate increases, but the challenging residents claim the opposite.