Courts

COA: Declaratory judgment, tort actions can arise from same occurrence

February 7, 2017
Olivia Covington
A declaratory judgment action can arise from the same occurrence as an underlying tort action for purposes of permissive joinder under Trial Rule 20, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a request to sever two tort counts from a count seeking declaratory judgment.
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Citizens United lawyer Bopp targets Texas campaign finance laws

February 7, 2017
 Associated Press
Political “dark money” and the founder of an organization tied to President Donald Trump’s accusations of voter fraud will be at the center of a Texas Supreme Court case Tuesday that could reshape campaign finance laws in the country's second-largest state.
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Reversal: ‘Odor of raw marijuana’ sufficient grounds for search

February 6, 2017
Dave Stafford
A police officer who said he detected “a strong odor of raw marijuana” coming from a car during a traffic stop had probable cause to search the driver, the Indiana Court of Appeals ruled in reversing a trial court.
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Tax court judge rejects request to compel further discovery

February 6, 2017
Olivia Covington
After previously allowing the deposition of the former commissioner of the Indiana Department of State Revenue, the Indiana Tax Court rejected the University of Phoenix’s requests to compel further discovery, writing that the additional discovery likely would not reveal admissible evidence.
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COA: Malpractice claim barred by statute of limitations

February 6, 2017
Olivia Covington
The Indiana Court of Appeals has rejected a woman’s malpractice claim after holding that the claim was barred by a two-year statute of limitations.
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Tax Court reverses educational property tax exemption

February 6, 2017
Olivia Covington
The Indiana Tax Court has reversed an educational property tax exemption for a Carmel day care after finding that the land’s owner failed to properly compare the total time the property was used for educational purposes against the total time the day care utilized the land.
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Cop denied murder rehearing to appeal to US Supreme Court

February 6, 2017
Marilyn Odendahl
The 7th Circuit Court of Appeals has reversed itself and vacated its order to rehear a case of an Indiana police officer convicted of murder and arson. Glenn Patrick Bradford's attorney said he will ask the Supreme Court of the United States to hear the appeal.
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Man convicted in officer's 1981 death set for prison release

February 6, 2017
 Associated Press
A man convicted of killing a Gary police officer in 1981 is about to walk free from an Indiana prison after twice having death sentences overturned.
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White House predicts courts will reinstate travel ban

February 6, 2017
 Associated Press
Lawyers for Washington state and Minnesota told the 9th Circuit Court of Appeals early Monday that restoring President Donald Trump’s ban on refugees and travelers from seven predominantly Muslim countries would “unleash chaos again.”
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7th Circuit dismisses Moorish tax claim, condemns ‘sovereign citizen’ ideology

February 3, 2017
Olivia Covington
A man who declared himself a “sovereign citizen” as a result of his “Moorish” heritage is in fact not a sovereign citizen who is exempt from taxes, the 7th Circuit Court of Appeals wrote in a Friday opinion that delved into the history of the Moorish-American movement that has been the source of “difficult litigation."
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COA: Convicted sex offender can’t seek expungement for unrelated charges

February 3, 2017
Olivia Covington
A man convicted of Class D felonies is not eligible for expungement of those offenses because he has also been convicted of sex crimes, the Indiana Court of Appeals decided Friday.
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Greenwood court starts program for heroin-addicted offenders

February 3, 2017
A city south of Indianapolis is offering a drug treatment program for heroin-addicted offenders that features an Indiana-made device to ease the pain of withdrawal.
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7th Circuit upholds drug convictions for lack of standing

February 3, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a man’s drug convictions after holding Friday that he did not have a reasonable right to privacy in a vehicle containing methamphetamine that he paid a car hauler to ship across the country.
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‘Dreamers’ win may backfire under Trump presidency, judge warns

February 3, 2017
 Bloomberg News
An appeals court judge warned that a victory for millions of immigrants brought to the U.S. illegally as children may unintentionally give President Donald Trump unprecedented authority to force unwilling states to comply with his immigration policies.
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ACLU-Indiana joins nationwide fight for immigration ban records

February 3, 2017
 Associated Press, Olivia Covington
Indiana’s American Civil Liberties Union affiliate is joining a nationwide request for public records thought to be able to shed light on federal border patrol agencies’ interpretation and implementation of recent presidential immigration orders.
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Patriots coach McDaniels may be witness in Hernandez trial

February 3, 2017
 Associated Press
New court documents indicate that New England Patriots offensive coordinator Josh McDaniels might be called as a witness in the upcoming double murder trial of former NFL star Aaron Hernandez in Boston.
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Jury convicts Fort Wayne man, 19, of 3 counts of murder

February 3, 2017
 Associated Press
A jury has convicted a Fort Wayne man on three counts of murder after his first trial ended in a hung jury.
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Trump golf course ordered to pay $5.7M to ex-members

February 2, 2017
 Associated Press
A Florida golf course owned by President Donald Trump must immediately repay $5.7 million to 65 former members who had been denied membership refunds after he bought the club in 2012, a federal judge ruled Wednesday.
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Facebook's Oculus facing $500M bill in copyright case

February 2, 2017
 Associated Press
Facebook's virtual-reality subsidiary and two of its founders are facing a sobering reality after a jury hit them with a $500 million bill for violating the intellectual property rights of video-game maker ZeniMax Media.
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COA: Bank had no duty to woman injured by drunken driver

February 2, 2017
Olivia Covington
An Indiana bank does not owe a duty of care to a woman who was injured by a drunken driver after the bank’s employees helped the driver change his tire without knowing that he had been drinking, the Indiana Court of Appeals found Thursday.
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7th Circuit upholds judgment in favor of nonprofit’s board of directors

February 2, 2017
Olivia Covington
The 7th Circuit Court of Appeals has upheld summary judgment in favor of a sister on the board of directors of a family foundation after finding that her brother lacked standing to bring either individual or derivative claims on behalf of the corporation.
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Marion County judicial selection bill clears House

February 2, 2017
Dave Stafford
The Indiana House Thursday passed a bill creating a unique judicial-selection commission that gives lawmakers and Marion County political party leaders a majority of seats at the table. The bill has been heavily criticized by Indianapolis’ minority lawmakers and others.
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JRAC presents 2 criminal reform bills to House committee

February 2, 2017
Olivia Covington
As Indiana’s criminal justice system continues to roll out legislatively mandated reforms, members of the Justice Reinvestment Advisory Council are working with legislators to implement changes that will benefit both law enforcement and offenders.
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Indiana's Hill among attorneys general supporting Gorsuch

February 2, 2017
 Associated Press, IL Staff
West Virginia Attorney General Patrick Morrisey's office says he's leading Republican attorneys general from 20 states, including Indiana, in support of President Donald Trump's nominee to the U.S. Supreme Court, Neil Gorsuch.
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7th Circuit allows evidentiary hearing on ineffective assistance of counsel claim

February 2, 2017
Olivia Covington
A doctrine allowing prisoners to bring ineffective assistance of counsel claims after a procedural default at the state level applies in Indiana and, thus, entitles a convicted murderer to an evidentiary hearing on his ineffective counsel claim, a divided 7th Circuit Court of Appeals decided Wednesday.
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  1. Living in South Bend, I travel to Michigan a lot. Virtually every gas station sells cold beer there. Many sell the hard stuff too. Doesn't seem to be a big deal there.

  2. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  3. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

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