Indiana Court Decisions — Aug. 16-28, 2018
Read Indiana appellate court decisions from the last reporting period.
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Lake County JNC seeking applicants to succeed Tavitas
Applications are now being accepted to fill a vacancy on the Lake County Superior Court created when Judge Elizabeth F. Tavitas joined the Indiana Court of Appeals last month.
Private plaintiff taking public access case to SCOTUS?
After a years-long fight, the Indiana Supreme Court in February issued a ruling that affirmed what’s come naturally to generations of Hoosiers: Indiana’s beach on Lake Michigan belongs to the public.
But parties who sued to privatize the beach, whose names are the only plaintiffs listed on filings to the U.S. Supreme Court, don’t own the property. They haven’t for years.
Sweeney first judge in 8 years confirmed to Southern District
James Sweeney was confirmed by a voice vote in a rare show of Senate bipartisanship. The next day, a Barnes & Thornburg colleague saw him at work and wondered why he was not taking at least a little time off. Sweeney said he wanted to pull his weight.
Smartphone privacy ruling tests how technology affects rights
A consequential Indiana Court of Appeals ruling on an issue of first impression last month marked one of the first times state courts have been asked to reconcile civil rights with advancing technology. The question: considering the personal nature of the contents of a person’s smartphone, can an individual be forced to unlock a smartphone without violating the Fifth Amendment?
Longest-serving federal U.S. judge in history dies
The longest-serving U.S. district judge in the nation's history has died. Judge William Nealon of Scranton, Pennsylvania, died Thursday. He was 95 and had been appointed to the federal bench in 1962 by President John F. Kennedy.
Injunction upheld in auto assembly parts supply dispute
The Indiana Court of Appeals upheld a decision denying the dissolution of a preliminary injunction involving two manufacturing companies, finding that if dissvoled, one company would be at risk of suffering irreparable harm.
Deadline near to apply for Monroe County, Terre Haute judgeships
Attorneys interested in filling vacancies on the Monroe Circuit Court and Terre Haute City Court have just days remaining to make their interest known. Wednesday, Sept. 5 is the deadline to submit applications for Gov. Eric Holcomb’s appointments to both positions.
COA reverses CHINS adjudications
Two Marion County children will no longer be considered children in need of services after the Indiana Court of Appeals reversed their CHINS adjudication, finding insufficient evidence to support the finding that their North Carolina-based father could not care for them.
John Dean of Nixon fame to testify at Kavanaugh hearing
The Senate Judiciary Committee has added former Solicitor General Theodore Olson and former White House counsel John Dean to the list of witnesses who will testify next week in the confirmation hearings for Brett Kavanaugh to serve on the Supreme Court.
Teen gets 64 years for fatal shooting of Indiana woman
An Elkhart teenager has been sentenced to 64 years in prison for fatally shooting a woman after an argument with her daughter. The teen was convicted as an adult for firing the deadly bullet when he was 14.
7th Circuit reverses employment claim jurisdiction dismissal
After a woman failed to receive a report as to why her job offer was rescinded, the 7th Circuit Court of Appeals reversed a district court’s dismissal of her adverse-action claim for lack of jurisdiction.
Indiana mom pleads guilty to neglect in death of daughter, 5
A western Indiana woman has pleaded guilty to neglect and other charges in the 2016 death of her disabled 5-year-old daughter. Tiffany Daugherty, 29, now faces up to 21 years in prison.
Indiana man pleads not guilty in sons’ river drownings
The father of two Indiana boys who drowned in a river has pleaded not guilty to two counts of neglect of a dependent resulting in death. Eric Patillo, 34, Thayer, appeared Wednesday in Lake Superior Court.
Sweeney set to join busy Southern Indiana District Court
With the confirmation of James Sweeney II to the federal bench, the U.S. District Court for the Southern District of Indiana will be getting a much-needed judge to fill a longstanding vacancy and help handle one of the heaviest dockets in the country.
Ex-prosecutor who withheld recanted testimony suspended
The Indiana Supreme Court suspended a former Porter County deputy prosecutor from the practice of law for 18 months for withholding from the defense evidence that an alleged victim said he had been coached to lie and had recanted allegations of child molestation.
Judge rejects bid to slash jury’s $15M med-mal award
A jury’s verdict awarding $15 million to a woman and her husband after her cancer was not detected on a CT scan will stand, a federal judge ruled, rejecting defense appeals that included Indiana’s cap on medical malpractice damages.
Poll: Many indifferent to Kavanaugh nomination
Does Brett Kavanaugh belong on the U.S. Supreme Court? It’s a question that may be consuming Washington, but one that elicits a shrug from many Americans. And there’s also no nationwide consensus on whether the Senate should vote on his nomination before Election Day, according to a new poll.
Sweeney confirmed to Southern District bench
James Sweeney, partner at Barnes & Thornburg, has been confirmed to the Southern Indiana District Court. He was nominated by President Donald Trump in November 2017 to fill a vacancy created when Judge Sarah Evans Barker took senior status.
COA affirms med-mal suit venue is Monroe, not Marion County
The Indiana Court of Appeals affirmed a venue switch for a medical malpractice case from Marion County to Monroe County on Tuesday, finding Marion County was not a county of preferred venue.