Teen convicted of murder in fatal shooting of Elkhart woman
A teenager has been convicted as an adult of murder in the November 2016 fatal shooting of a woman in northern Indiana.
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Secretary of State to AG Hill: Drop opposition to satellite voting
Opposition is rising to embattled Attorney General Curtis Hill’s move to block expanded early voting in Marion County, with Indiana Secretary of State Connie Lawson calling Hill’s action “reckless” and urging him to drop the matter. Under state law, Lawson’s office is responsible for election oversight, and she said Hill did not consult her before going to court.
Heroin overdose sufficient for possession conviction, COA rules
A man who argued public policy should disfavor criminally charging people who have overdosed on heroin lost Wednesday, as the Indiana Court of Appeals affirmed his felony possession conviction.
COA affirms denial of second foreclosure settlement conference
A woman facing foreclosure won’t be awarded a second chance at a settlement conference after the case was officially closed due to her lack of response, the Indiana Court of Appeals affirmed Wednesday.
COA affirms award of fees, dismissal of stepmom’s visitation suit
No reasonable attorney would have considered a stepmother’s visitation petition filed in a court other than that of the mother and father’s custody case to be justified or worthy of litigation, according to the Indiana Court of Appeals. The court affirmed dismissal of the case and an award of attorney fees to the mother.
DOC wardship of juvenile delinquent affirmed
A 17-year-old adjudicated as a juvenile delinquent has failed to convince the Indiana Court of Appeals to overturn the Indiana Department of Correction’s wardship over him after failing to prove the case’s disposition constituted fundamental error. But the COA also urged courts to consider allowing juveniles to speak in such cases.
Justices to suspended attorney: Pay fine or face prison
The Indiana Supreme Court has ordered a Kokomo attorney who is already suspended to pay a fine or face a 15-day prison sentence after he was found in contempt for practicing law while suspended. The court said the lawyer twice contacted opposing counsel who responded by noting his suspension.
Manafort lawyer attacks star witness’ affair, ‘many lies’
The questioning of Paul Manafort’s protege was confrontational and personal: Manafort’s lawyer hammered Rick Gates about his own crimes, an extramarital affair and a guilty plea with prosecutors that may spare him severe punishment.
US Supreme Court may see Lake Michigan beach ownership case
A years-long dispute over the ownership of Lake Michigan’s shoreline may be headed to the U.S. Supreme Court. Justice Elena Kagan last week approved a request from Bobbie and Don Gunderson’s attorneys to extend the deadline for seeking a U.S. Supreme Court review in their case to Oct. 5.
Florida case against PACER fees set for May 2019 trial
A Florida attorney, tired of being charged by PACER for accessing court opinions, has been given a trial date and is asking the district court to reconsider the denial of his attempt to bring in more plaintiffs. A Florida judge will hear the case in May.
Settlement reached in Indiana Title VII case that started judicial shift
Kimberly Hively, the adjunct math professor whose employment discrimination complaint changed Title VII law in the 7th Circuit, has settled with her former employer, Ivy Tech Community College. But the issue of whether the Civil Rights Act provision extends to sexual orientation continues to roil in other judicial districts and may yet be examined by the U.S. Supreme Court.
Supplier that ‘ghosted’ hotel ordered to pay nearly $300K
A lighting supplier that failed to deliver almost $100,000 worth of fixtures for a South Bend hotel renovation — then failed to respond to a resulting breach of contract lawsuit — has been ordered to pay treble damages and fees approaching $300,000.
Star witness Gates resumes testimony in Manafort trial
A day after testifying against longtime boss Paul Manafort, Rick Gates returned to the witness stand Tuesday as the government’s star witness in the financial fraud trial of President Donald Trump’s former campaign chairman.
SCOTUS tackles big docket, pace likely to persist
In reviewing the recently ended U.S. Supreme Court term that included several landmark cases and three reversals of precedent, retired 7th Circuit Court of Appeals Judge John Tinder finally had to quote baseball legend Yogi Berra as to what might happen in the 2018 term.
New COA judge Tavitas brings varied experience to appellate bench
Newly-minted Indiana Court of Appeals Judge Elizabeth Tavitas has done a little bit of everything throughout her legal career. She’s been a prosecutor, a public defender, a private practitioner, a referee, a trial court judge and now, a judge on the state’s second-highest court.
Indiana Court decisions – July 15-Aug. 1, 2018
Read Indiana appellate decisions from the most recent reporting period.
COA allows Indiana-Arkansas breach of contract dispute to continue in Indiana
A breach of contract dispute between business owners in Indiana and Arkansas will continue in Indiana courts after the Indiana Court of Appeals reversed the dismissal of the Indiana-filed complaint for lack of personal jurisdiction.
7th Circuit upholds brother’s liability for $7 million judgment
A caustic business dispute between brothers has resulted in one brother being held personally liable for a $7 million judgment after the 7th Court of Appeals found his conduct supported a piercing the corporate veil judgment against him.
Manafort’s ‘right-hand man’ Gates to testify in fraud trial
The most critical moment in the financial fraud trial of former Trump campaign chairman Paul Manafort will likely arrive this week with the testimony of his “right-hand man” — the person defense attorneys blame for any crimes. Rick Gates has been a key cooperator for special counsel Robert Mueller’s team after he cut a plea deal earlier this year.
Shifting strategy, Democrats to begin meeting with Kavanaugh
After weeks of refusing to meet with Supreme Court nominee Brett Kavanaugh, Democrats in the Senate plan to begin meeting with him when they start returning to Washington in mid-August, a senior Democratic aide said Friday.