Courts

Indiana commercial courts open for business

July 27, 2016
Dave Stafford
No ribbon-cuttings heralded the opening of Indiana’s six commercial courts around the state June 1, but lawyers with complex business disputes have found their way to the forums the Supreme Court established as a pilot project.
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New local rule permits judges to assign cases to attorneys

July 27, 2016
Marilyn Odendahl
Chief Judge Richard Young is confident the new mandatory pro bono rule adopted by the U.S. District Court for the Southern District of Indiana will solve problems caused by pro se litigants trying to navigate the federal judiciary.
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Local Rule 87 FAQ

July 27, 2016
IL Staff
The U.S. District Court for the Southern District of Indiana has adopted a new pro bono rule which gives the judges the option of assigning cases to attorneys. Here are some frequently asked questions about the rule.
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Caseworker vs. DCS

July 27, 2016
Dave Stafford
Despite a caseworker’s lawsuit against the Indiana Department of Child Services, her employer says she’s right: There aren’t enough caseworkers to handle the exploding growth in cases of Indiana children and families in crisis. But that’s where the agreement ends.
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COA reduces rapist’s sentence by 10 years

July 26, 2016
Marilyn Odendahl
Although an offender was successful in asserting the trial court erred in merging his sentences and applying an enhancement, he failed to respond to the state’s arguments for remedy which provided just a 10-year reduction to his 90-year aggregate sentence.
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COA: Needles near bottle cap support drug conviction

July 26, 2016
Marilyn Odendahl
A defendant was unable to convince the Indiana Court of Appeals that the evidence was insufficient to conclude that he intended to use the two syringe needles found in his clothes to inject heroin.
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Man loses appeal over search that led to cocaine charges

July 26, 2016
Dave Stafford
A man on trial for Class A felony counts of dealing cocaine and conspiracy to deal cocaine lost his appeal Tuesday seeking to suppress evidence found in a search of his car.
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Justices rule State Farm UIM policy ambiguous

July 26, 2016
Dave Stafford
A State Farm auto insurance policy’s language regarding uninsured motorist coverage is ambiguous, the Indiana Supreme Court ruled Tuesday, affirming a Lake Superior trial court’s denial of the insurer’s motion for summary judgment in a personal injury case.
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Prosecutor to seek death penalty in Indy ‘Purge’ killings

July 26, 2016
 Associated Press
Marion County Prosecutor Terry Curry said Tuesday he will seek the death penalty in the case of a 19-year-old Indianapolis man charged with fatally shooting three people over four days in May.
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Court rules detention of youth who reported drug justified

July 26, 2016
Marilyn Odendahl
A probation officer who arrested and detained a middle school student for violating court policy has quasi-judicial immunity against charges of negligence and constitutional violations.
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Anti-abortion duo behind Planned Parenthood videos cleared

July 26, 2016
 Associated Press
A Texas judge on Tuesday dismissed the last remaining charge against two California anti-abortion activists who made undercover videos of themselves trying to buy fetal tissue from Planned Parenthood.
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Boyfriend gets 55 years for killing woman as kids watched

July 26, 2016
 Associated Press
A judge has sentenced a northern Indiana man to 55 years in prison for fatally shooting his girlfriend as her three children watched.
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7th Circuit: Insurer must defend against pill mill lawsuit

July 25, 2016
Marilyn Odendahl
An insurance company will have to defend its client pharmaceutical distributor in fending off a West Virginia lawsuit seeking restitution for the epidemic of prescription drug abuse.
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Ex-Ovation CFO gets suspended sentence in $600,000 embezzlement scheme

July 25, 2016
IBJ Staff
The former chief financial officer of Ovation Audio-Video Solution LLC received a three-year suspended sentence Monday after pleading guilty to securities fraud in connection with a scheme that allowed him to embezzle more than $600,000 from the company.
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Lake Michigan property line dispute arguments set

July 25, 2016
Dave Stafford
A dispute over whether the public has a right to walk the beach along Lake Michigan or private property extends to the water’s edge will be heard by the Indiana Court of Appeals Sept. 5.
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Man’s resisting conviction after domestic violence call reversed

July 25, 2016
Dave Stafford
Police responding to a domestic violence call weren’t legally exercising their duties when they entered the alleged perpetrator’s house without his consent, used a Taser on him and charged him with resisting law enforcement, the Indiana Court of Appeals ruled Monday.
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Farmers win reversal in drainage appeal against town

July 25, 2016
Dave Stafford
Montgomery County farmers who claimed work done by a town to improve its stormwater drainage ruined their acreage won reversal Monday of a trial court ruling against them.
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Elkhart teacher loses age-discrimination appeal

July 25, 2016
The 7th Circuit Court of Appeals on Friday rejected an appeal of an Elkhart teacher who claimed the school system discriminated against her on the basis of her race and age in denying her 12 different promotions over a span of eight years.
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Judge inclined to deny Trump's request to dismiss lawsuit

July 25, 2016
 Associated Press
A federal judge said Friday that he is inclined to deny a request by Donald Trump's lawyers to dismiss a lawsuit that accuses the Republican presidential nominee of defrauding customers at the now-defunct Trump University.
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Most Indiana youths convicted of murder get adult sentence

July 25, 2016
 Associated Press
Indiana Department of Correction data shows the vast majority of youths found guilty of murder in the state are sentenced as adults.
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Man’s ineffective assistance of counsel claim fails

July 22, 2016
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s assertion that he received ineffective assistance of counsel because his attorney didn’t object to the validity of the order placing him on probation.
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COA admonishes prosecutor’s misconduct, doesn’t reverse conviction

July 22, 2016
Dave Stafford
A prosecutor’s suggestion to the jury during an attempted rape trial that a defense attorney influenced a witness was misconduct, but not sufficient to warrant reversal of the defendant’s conviction, the Indiana Court of Appeals ruled Friday. But the court also called out the prosecutor and warned him.
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Reversal: HHGregg prevails in appeal over managers’ bonuses

July 22, 2016
Dave Stafford
HHGregg senior managers are not entitled to share in $40 million in life insurance proceeds from the 2012 death of executive chairman of the board Jerry Throgmartin, the Indiana Court of Appeals ruled Friday, reversing a trial court ruling in the managers’ favor.
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COA: Buyers had notice property was under lease

July 22, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed that because sellers of a Crawford County property had recorded their assignment of lease in the recorder’s office, buyers of the property had actual or constructive notice that the sellers didn’t own the land.
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Marion County judge moves civil forfeiture case forward

July 22, 2016
Marilyn Odendahl
A case challenging civil forfeitures by Indianapolis police and the prosecutor’s office will be able to move forward after Marion Superior Court denied the defendants’ motion to dismiss earlier this week.
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