Latest news with #IndianaCourtofAppeals
Yahoo
22-05-2025
- Health
- Yahoo
Indiana Court of Appeals sends fertility doctor deception case back to the lower courts
Indiana's Court of Appeals will decide next steps for a woman who seeks to sue a former fertility doctor who was later found to have secretly used his own semen to impregnate her mother. (Courtesy of state of Indiana) An Indiana woman who wants to sue the doctor who allegedly used his own sperm to inseminate her mother won an appellate ruling last week. The Indiana Court of Appeals on May 15 granted the woman's wishes to allow the case to move forward at the local level. The court ruled that the issue of whether the woman – referred to as 'anonymous child' – filed her claim within the two-year statute of limitations period is an issue to be resolved by a jury. 'We find that a genuine issue of material fact exists as to when Child learned of facts that would have led a person of reasonable diligence to have discovered the malpractice,' Judge Elaine Brown wrote. Opposing counsel contended during oral arguments that the woman was aware of the physician's role as her parents' fertility doctor prior to the birth of her own daughter in 2019. They said the statute of limitations for the woman's claims should have commenced no later than the end of 2021. But the woman argued she didn't know the doctor used his semen in cases where semen was already provided — as her mother and father had. When that news hit the media, she ordered a DNA testing kit in 2022 and filed suit shortly thereafter. The woman was born in 1985. She learned of her biological father, referred to as the 'anonymous physician', following her viewing of the trailer for the 2022 Netflix documentary 'Our Father'. The Netflix documentary revealed the medical malpractice case of Dr. Donald Cline, former Indianapolis fertility specialist, who admitted in 2017 to using his own sperm to inseminate patients without their knowledge during the 1970s and 1980s. Although Cline is referred to as 'anonymous physician' in the legal proceedings, attorneys discussed the documentary in arguments. The woman preferred to keep her identity hidden 'because her father – does not know that he is not her father.' In July 2022, shortly after receiving her DNA test, the woman filed an anonymous complaint for damages against Cline and an anonymous health care group. The case will now proceed before the local trial court, and could ultimately be decided by a jury.
Yahoo
21-05-2025
- Business
- Yahoo
‘Expanding access to justice': First five Purdue Global Law School students admitted to Indiana bar
More than 60 new lawyers take their oath on May 20, 2025 in downtown Indianapolis. (Madelyn Hanes/Indiana Capital Chronicle) The first five graduates from Purdue University Global Law School took their new attorney's oath Tuesday morning, marking a milestone for both the school and Indiana's legal system. At the ceremony held at the Indiana Roof Ballroom, the Indiana Supreme Court admitted 68 new attorneys, including the Purdue Global Law graduates. The ceremony was attended by all five justices of the Indiana Supreme Court, as well as judges from the U.S. District Courts for the Northern and Southern Districts, the Indiana Court of Appeals, and the Indiana Tax Court. The ceremony follows a July 2024 amendment to Indiana's Rules of Admission and Discipline Rule 13 that allowed graduates of non-American Bar Association accredited, Indiana-based online law schools to sit for the Indiana bar exam. It was meant to address the state's justice gap in rural or other underserved areas. This amendment made Purdue Global Law graduates eligible to sit for the bar exam upon graduation. At the time, California was the only other state that allowed such eligibility. Indiana currently has a lawyer shortage. Indiana Court of Appeals Chief Judge Robert Altice told the graduates Tuesday that out of 6.8 million Hoosiers, only 19,055 are lawyers. 'You are joining a very special group today,' Altice said. 'As less than 1% of our total population, I encourage you to think about a small specialized group you are.' All five eligible Purdue Global Law graduates passed the February Indiana Bar Exam on their first attempt. According to Indiana Bar exam result data, Indiana's overall pass rate for first time takers is 63%. The graduates are: Joud Elias Lindley Jarrett Jeff Kraft Daniel Stahoviak Abby Strehle Strehle is a nurse practitioner, mother and now dual-licensed attorney in both Indiana and California. She attended Purdue for her undergraduate degree 26 years ago and received a Bachelor of Science in Nursing from the University of Indianapolis. Following that she completed her Master of Science and became a licensed Nurse Practitioner. Strehle said she always had an interest in law so she returned to Purdue Global Law's fully online program. She completed her law degree in August 2023 while continuing to work in healthcare and raising her family in Bargersville, Indiana. 'I wasn't willing to give up my nights or time with my kids for a traditional law school,' she said. Strehle, the owner and founder of Encompass Legal Services, now practices disability law in all 50 states. She said she wanted to take her experience in the medical field into the legal one. 'I've seen the other side,' she said. 'I know what people are going through when making either end-life decisions or something that disrupts their entire life.' She said that her online law school experience was far from easy but she was able to make connections and even some close friends online. She said the courses are set up in similar formats including course work, weekly zoom meetings and breakout sessions. Strehel said the Indiana Supreme Court amendment that created the path for Purdue Global Law graduates to become eligible for the bar exam means everything to her. 'When I applied to Purdue Global, I only hoped that being licensed in Indiana would be a thing,' she said. 'The fact that I can be licensed in Indiana allows me to really do what I want to do and the reason why I did what I wanted.' Dean of Purdue Global Law School, Martin Pritikin called the moment 'a turning point' for access to justice. Pritikin was a professor and administrator of a traditional law school for 12 years before he became interested in online education. Purdue Global Law — previously called Concord Law School — was founded in 1998 and was one of the nation's first fully online law schools. Pritikin said the school operates at one-third of the cost of traditional programs and is designed for nontraditional students – working professionals or others who need flexibility. 'Our typical student is not someone who went straight from high school to college to law school,' he said. 'Even though they may be new lawyers they are not new to the workforce.' Pritikin said the curriculum at Purdue Global is as 'rigorous' as anything someone would get at a traditional law school. He said that people think the school is easy because it's online, but that's not the case. Pritikin said the Indiana Supreme Court 'took a chance' on Purdue Global, and hopes the school is a big part of solving the access to justice crisis. He noted more than half of the students enrolling are not from Indianapolis — they are from rural, small and underserved areas. The school currently has 78 Indiana-based students enrolled — about 10% of total enrollment. 'It's the best way to get more lawyers in underserved areas and to make it easier for people in those areas to stay where they are to attend law school.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Chicago Tribune
05-05-2025
- Chicago Tribune
Appeals court roundup: Hammond man's home invasion conviction upheld
The Indiana Court of Appeals issued three opinions Monday, including one case where they upheld a Hammond man's home invasion conviction. Valentine Torrez initially told police he was a victim, too, on Nov. 13, 2021, when a masked man entered his relative's unlocked door in Hammond, blindfolded, then sexually assaulted her and the woman's 12-year-old daughter. Later, he was charged when his DNA came back, including on the relative's lower back and the child's neck and underwear. Torrez, 50, got 33 years in May 2024 after he was convicted of rape, a Level 3 felony; child molesting, and criminal confinement — about half his charges. Prosecutors Arturo Balcazar and Lindsey Lanham alleged Torrez helped plan the home invasion with co-defendant Garrett Whittenburg to assault the female relative and take her credit cards. In a 3-0 decision, Appeals Judge Mary DeBoer rejected Torrez's argument that there wasn't enough evidence for his conviction. Prosecutors needed to show 'concerted action' with the child's assault. 'His course of conduct during and after the offense also supports that Torrez was an accomplice,' she wrote, later adding, 'Torrez left the home rather than assisting or seeking help for them.' 'Clearly, the jury found (the witness's) testimony credible and could reasonably infer Torrez's guilt beyond a reasonable doubt from the evidence presented at trial,' DeBoer wrote. At trial, defense lawyer Kerry Connor argued some parts of the woman's story were inconsistent over time. Torrez can appeal to the Indiana Supreme Court. His earlier release date is in January 2047. Whittenburg's trial is scheduled May 12. Misdemeanor overturned after Gary man shot police dog The Appeals Court overturned a misdemeanor conviction for Spencer Patterson — after he shot a police dog when an officer was trying to arrest him — saying it violated double jeopardy. Patterson, 31, got eight years and has to repay $11,000 to Gary Police. Jurors acquitted him of attempted murder in the case of the officer, but they convicted him of battery by means of a deadly weapon, one count each of felony and misdemeanor resisting law enforcement, and one count of striking a law enforcement animal. Gary Police Sgt. Angel Lozano and his K-9 Falco were chasing Patterson in July 2023 on the 1000 block of E. 35th Place when Patterson shot the dog. In a 3-0 decision, DeBoer ordered Judge Salvador Vasquez to vacate — or cancel the lesser misdemeanor conviction, saying what happened was too close in time to be convicted twice. His earlier release date is in October 2030. Sentence upheld in rape case The court rejected a former Gary man's argument that his prison sentence was too harsh for a woman's assault. Tyron Smith, 32, got 16 years in December after he pleaded guilty to aggravated battery. He was originally charged with rape. In a 3-0 decision, Appeals Judge Elizabeth Tavitas said his sentence was appropriate. The woman told police she let him stay at her place in February 2024, then woke up overnight as Smith was having sex with her. She was 'very upset' and told him to stop. Smith then forced the woman to perform a sex act, then forcefully raped her, according to court records. He forced her to 'consume cocaine' between assaults, the affidavit alleges. The woman said he was abusive to her when drunk or high in the past, court records show. 'Given the brutal nature of Smith's offense and his poor character, we cannot say that his sixteen-year sentence is inappropriate,' Tavitas wrote.
Yahoo
30-04-2025
- Entertainment
- Yahoo
Appeals court hears streaming services case where legislature intervened
From left, Judges Elizabeth Tavitas, Melissa May and Paul Felix on the Indiana Court of Appeals listen to arguments in a streaming services lawsuit on April 29, 2025. (Screenshot of Court of Appeals livestream) Do streaming services count as video service providers and should they be subject to franchise fees like traditional cable TV? Judges Melissa May, Elizabeth Tavitas and Paul Felix weighed the above question in a remote hearing held at Wabash College on Tuesday. Also at question was whether lawmakers unconstitutionally intervened in 2023 to nullify a lawsuit filed by four Indiana cities seeking to recoup franchise fees from some streaming service providers. In August 2020, four cities sued a handful of streaming services seeking franchise fees equal to 5% of local gross revenue for using facilities in the public right-of-way, similar to how cable television stations operate. A 2006 law requires video service providers to be licensed with the state and pay quarterly franchise fees to cities and other governments. But the cities of Fishers, Indianapolis, Evansville and Valparaiso say that streaming giants like Netflix, Disney+, Hulu, DirectTV and Dish Network haven't complied. Such companies depend on Internet services, specifically shared cables that are part of the greater utility framework accessed through public right-of-way. 'I'm accessing the Hulu programming via the Internet, but I can only access that because the programming has traveled through the public right-of-way to get to my house,' argued attorney Michael Limrick on behalf of the cities. '… if I'm going to pull up programming on my phone that will have been broadcast to my phone from a tower that may be sitting in the public right-of-way.' Broadcasting through satellite services, for example, wouldn't be included under Indiana's video service provider law, Limrick said. But, rather than letting such questions play out in the courts, the General Assembly intervened, tweaking the definition of video service providers in a way that killed the effort. The original version of the bill that became House Enrolled Act 1454 didn't include any mention of video service providers, but as the 2023 bill grew from 42 pages to 282 pages, it picked up provisions. The relevant addition explicitly said that video programming offered over the Internet isn't considered to be a video service provider — and then backdated the language to 2006, when the franchise fees were established. On Tuesday, judges also wondered whether re-opening up the definition in a way that includes the Internet might capture other forms of video content, such as creators on YouTube and TikTok. 'We have these YouTube producers that are making all of these videos … somebody like a Mr. Beast, who now has huge production abilities. He's not just a guy with a cell phone anymore taking videos of the crazy things he's doing,' said Felix. 'It begins to blur the line as to what is video programming that's similar to regular broadcast.' Limrick argued that accessing YouTube videos aren't all fee based, though he acknowledged there's a separate, paid service for watching live television and ad-free videos built into the platform. Citing the new law, a trial court judge ruled in favor of the streaming services to dismiss the case and ruled that the additions were constitutional in June 2024. A story from the Northwest Indiana Times detailing the bill's journey to become law reported that the author said the language came from a lobbyist affiliated with Dish Network. But the cities continued to argue that lawmakers overstepped by adding the video service provider language to a bill that initially sought to address certain Department of Local Government Finance concerns — in effect, creating 'special' legislation. Attorney General Todd Rokita, arguing on behalf of the General Assembly, affirmed the trial court's ruling on the constitutionality of the legislature's actions in a December filing. However, should judges rule otherwise, he urged the appeals court to sever the specific portion of House Enrolled Act 1454 concerning video streaming providers from the rest of the law. '… but this remedy is unnecessary in this case because (House Enrolled Act) 1454 is constitutional,' he continued. 'Therefore, this Court should affirm the order of dismissal.' Peter E. Davis, arguing on behalf of Netflix and others, said it didn't count as special legislation and simply clarified existing law — noting that it mirrors how other states have approached the issue. 'The cities' arguments today undermine the General Assembly's ability to legislate, both for this case and for the future,' said Davis. '… The cities' argument would make such amendments impossible, locking Indiana into taxes and fees passed in a different time, in a different day, with no ability to adjust.' Davis said it was his understanding that Internet service providers don't pay franchise fees either. Additionally, since the companies are 'agnostic' about how users access their offerings — whether by phone, Internet or otherwise — he said it makes 'very little sense to impose a fee' on streaming. 'What the Internet service provider is doing is very different than what a cable company is doing … they're enabling access to all kinds of content. So it's not just video, but it's email. It's information; it's social media; it's video games,' said Davis. 'It doesn't make any sense to impose franchise fees on just one piece of something that the Internet service provider — whose not even the streaming company here — is ultimately providing.' He also pointed to a 2022 report from the Indiana Utility Regulatory Commission concluding that 'streaming video is not treated as a traditional video provider and, therefore, is not required to obtain a state-issued franchise.' However, in a rebuttal, Limrick argued against the notion that the legislature only wanted to regulate the companies installing wiring for the Internet in the public right-of-way. 'It could do that; it hasn't done that,' said Limrick. 'What the act regulates are companies that transmit video programming through facilities located, at least in part, in the public right-of-way. '… the act says nothing about who owns those facilities,' continued Limrick, referring to the 2006 law. Carving out streaming services who operate using the Internet, he said, would be special treatment. Felix noted a 'tension' created by the arguments because any ruling would impact not only existing streaming services but companies yet to be created. The three judges didn't indicate when to anticipate their ruling. (1) SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
23-04-2025
- Yahoo
Appeals court upholds man's convictions stemming from fatal crash on Muncie Bypass
MUNCIE, Ind. — The Indiana Court of Appeals has upheld the convictions of an Indianapolis man stemming from a fatal crash on the Muncie Bypass. A Delaware Circuit Court 3 jury in February 2024 found Melvin Lee Weaver, now 33, guilty of reckless homicide, obstruction of justice and driving while suspended. Judge Doug Mawhorr later imposed a seven-year sentence — five years in prison followed by two years on probation. Testimony during the trial indicated Weaver was driving a Chevrolet pickup truck northbound on the bypass on Sept. 26, 2020, when he crashed into the back of a 1972 Triumph that was stopped for a red light at McGalliard Road. The driver of the Triumph — Matthew Adams, 28, of Tipton — was pronounced dead at the scene of the crash. More: Appeals court upholds Muncie man's convictions stemming from fatal overdose Adams' wife, Anna, and the occupant of the third vehicle involved in the crash, a Michigan man, also were injured. When Weaver was approached by Indiana State Police at the crash scene, he identified himself as his father. The younger Weaver's driving privileges were suspended at the time. In an appeal, Weaver maintained jurors should have been told he could not be guilty of reckless homicide if they found he had "merely acted negligently." He also maintained there was insufficient evidence to support his convictions. In a recent 3-0 ruling, the Indiana Court of Appeals rejected both arguments. "In finding Weaver guilty, the jury apparently credited the other witnesses' testimony over Weaver's testimony," Judge Cale Bradford wrote in the ruling. "Weaver's challenge to the sufficiency of the evidence amounts to nothing more than an invitation to reweigh the evidence, which we will not do." Weaver, incarcerated at the Putnamville Correctional Facility, has a projected release date in January 2027, according to state Department of Correction records. Douglas Walker is a news reporter at The Star Press. Contact him at 765-213-5851 or at dwalker@ This article originally appeared on Muncie Star Press: Man's convictions in fatal Muncie Bypass crash upheld by court
