Indiana Court decisions – July 15-Aug. 1, 2018
Read Indiana appellate decisions from the most recent reporting period.
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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.
Judge who heard Nassar case won’t disqualify herself
A Michigan judge who held an extraordinary hearing before sentencing sports doctor Larry Nassar to prison for sexually assaulting female athletes refused to disqualify herself from the case Friday if higher courts send it back to fix any errors. Ingham County Judge Rosemarie Aquilina said some of her courtroom comments about Nassar were “perhaps inartful,” but she denied any bias.
ALJ’s omitted reason for disability decision troubles 7th Circuit
An administrative law judge’s failure to meet the minimum requirement of explaining her decision in a disability benefits case drew criticism from the 7th Circuit Court of Appeals on Friday.
COA: 4th Amendment rights not violated by search of home
The Indiana Court of Appeals determined that a man’s Fourth Amendment rights were not violated during a search of his residence because law enforcement had ample reason to believe he was at the residence.
COA rules statute of limitations, contradictory testimony supports summary judgment entry
A time-barred complaint and contradictory statements made by a woman who claimed her privacy was violated during her knee-replacement surgery led the Indiana Court of appeals to affirm summary judgment for six defendants in a medical invasion of privacy case.
Memorial honoring Lozano scheduled for next month
The Indiana Northern District Court will honor the late Senior Judge Rudy Lozano at a memorial service in his honor next month. The service will begin at 2 p.m. Sept. 24 in Lozano's courtroom in the Hammond Federal Courthouse, 5400 Federal Plaza.
Judge in Manafort trial brings short fuse and sharp wit
Lawyers who have appeared before Thomas Selby Ellis III, the judge hearing the Paul Manafort trial, said he likes to be seen as the smartest person in the courtroom, not a huge leap for a judge. With his Princeton-Harvard-Oxford education and experience spanning consequential cases in an era of war and terrorism Ellis is known to cut lawyers down to size, sometimes subtly, sometimes not so much.
Archives: Kavanaugh documents not ready until end of October
The National Archives and Records Administration said Thursday it won’t be able to finish reviewing nearly 1 million documents regarding Supreme Court nominee Brett Kavanaugh’s time in the George W. Bush White House until the end of October, a potential roadblock in GOP hopes for confirmation before the November election.
Man gets 60 years in USI student’s slaying
A man has been sentenced to 60 years in prison for the fatal shooting of his ex-girlfriend in southwestern Indiana. Isaiah Hagan was sentenced Thursday for murder, robbery and obstruction of justice convictions in connection with the April 2017 slaying of Halee Rathgeber.
Marion County Jail beating lawsuit proceeds
A judge has refused to dismiss a federal lawsuit in which a man claims guards at the Marion County Jail stomped and beat him, leaving him with broken ribs, then refused to allow him to file a grievance.
Deputy prosecutor named new LaGrange Circuit judge
LaGrange County deputy prosecutor William R. Walz IV has been appointed to the LaGrange Circuit Court. Gov. Eric Holcomb selected Walz to succeed Judge J. Scott VanDerbeck, who retired June 1. VanDerbeck plans to serve as a senior judge and work as a mediator.
Follow the money: Bookkeepers to testify in Manafort trial
Prosecutors will ask jurors today to follow the money in the Paul Manafort trial, a trail they say shows the former campaign chairman took millions from wealthy Ukrainian clients, then hid it from banks and the IRS.
Democrats ramp up fight for Kavanaugh documents
Senate Democrats intensified their fight Tuesday over documents related to Supreme Court nominee Brett Kavanaugh’s stint as staff secretary at the White House, pursuing a paper trail on his views of key issues that played out during the George W. Bush administration.
COA: Filing errors don’t reverse probation revocation
Errors made in petition filing made by a deputy prosecutor rather than the director of a community corrections program were not sufficient to reverse the revocation of a man’s probation, the Indiana Court of Appeals determined Wednesday.
COA: Accident affirmation in baby’s death upholds conviction
An Indianapolis man’s conviction for causing the death of his infant daughter will stand after the Indiana Court of Appeals rejected his argument that the evidence of him placing a pillow over the baby should not have been admitted at trial because he never affirmatively said her death was an accident.
Attorney homeowner loses appeal in historic-area zoning case
A downtown Indianapolis homeowner and attorney lacked standing to petition for judicial review of variances granted to build condominiums, duplexes and a retail space across the street from his home, the Indiana Court of Appeals ruled.