Courts

Appellate panel reverses parenting time for remote ex-boyfriend

November 9, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a lower court order granting a man visitation with his ex-girlfriend’s daughter, concluding that third-party visitation should only be granted if it is in the best interests of the child.
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Hill cruises to win in AG race as voters retain appellate judges

November 9, 2016
Dave Stafford
Elkhart County Prosecutor Curtis T. Hill Jr. sailed to a resounding victory in the Indiana attorney general race Tuesday, and voters retained four Court of Appeals judges by wide margins.
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Judge to hear bid to block Indiana abortion ultrasound law

November 9, 2016
 Associated Press, IL Staff
A federal judge is set to hear arguments in Planned Parenthood’s bid to block a new Indiana mandate that women undergo an ultrasound at least 18 hours before having an abortion.
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DCS insists no right to sue over disclosed identity

November 8, 2016
Dave Stafford
A state attorney argued before the Indiana Supreme Court Thursday that the Department of Child Services cannot be sued by a man who reported suspected child abuse but whose promise of confidentiality was violated when his identity was disclosed to those he reported.
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Police level of force raised in Charleston shooting trial

November 8, 2016
 Associated Press
Testimony in the trial of a white former Charleston, South Carolina, police officer in the shooting death of an unarmed black motorist is raising questions about how much force is justified.
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2 Somali pirates get life in prison; 3rd gets 33 years

November 8, 2016
 Associated Press
Two Somali pirates have been sentenced to life in prison, and a third has received 33 years because he cooperated with prosecutors in a separate piracy case.
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Indiana lawyers now must report misdemeanor convictions

November 8, 2016
IL Staff
Indiana attorneys now are explicitly required to report to the Supreme Court Disciplinary Commission any misdemeanor or felony conviction under sweeping changes to Admission and Discipline Rule 23.
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DNA-collection bills to be introduced in 2017 Legislature

November 8, 2016
Marilyn Odendahl
After introducing DNA-collection legislation that failed to even get a committee hearing in the two previous General Assembly sessions, Rep. B. Patrick Bauer will be getting boost in the upcoming session from a Republican Senator offering a companion bill in the upper chamber.
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Tax court: Man can leave estate to non-biological ‘children’

November 8, 2016
Olivia Covington
Although he had no biological children, an Illinois man who spent the latter part of his life in Indiana can legally leave his estate to a couple who he considered his children under the doctrine of an in loco parentis relationship, the Indiana Tax Court decided Monday.
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Former police officer in murder trial: I feared for my life

November 8, 2016
 Associated Press
A white former police officer in Cincinnati on trial for murder has taken the stand to tell jurors he feared for his life when he fatally shot an unarmed black motorist during a traffic stop in Ohio.
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COA: Clinics that gave tainted steroid must face suit

November 7, 2016
Olivia Covington
After a widespread fungal meningitis outbreak killed nearly a dozen Hoosiers, the Indiana Court of Appeals decided Monday that the providers who injected the injured parties with a contaminated steroid that was purchased from a third party can be found to be negligent under the Indiana Medical Malpractice Act.
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COA divided over search producing gun, affirms conviction

November 7, 2016
Olivia Covington
The admission of a gun obtained without a warrant from a man later convicted of carrying a handgun without a license did not violate the man’s constitutional protections against unreasonable search and seizure and, thus, does not warrant the reversal of his conviction.
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Plaintiffs in Carmel class-action traffic lawsuit file appeal

November 7, 2016
Lindsey Erdody, IBJ Staff
The plaintiffs in a federal class-action lawsuit filed against the city of Carmel for its enforcement of a local traffic ordinance are appealing the dismissal of the case in early October.
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Justices raise doubts about temporary presidential picks

November 7, 2016
 Associated Press
The Supreme Court of the United States is raising doubts about the temporary appointment of a former labor official in a case that could limit the president’s power to fill top government posts.
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Liberal mother of 6 jailed for challenging Saudi taboos

November 7, 2016
 Associated Press
When Souad al-Shammary posted a series of tweets about the thick beards worn by Saudi clerics, she never imagined she would land in jail in Jiddah, Saudi Arabia.
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Supreme Court grants transfer in cellphone data privacy case

November 7, 2016
Olivia Covington
After an Ohio man’s convictions of armed robbery in Dearborn County were overturned by a divided Indiana Court of Appeals in August, the Indiana Supreme Court has agreed to hear the state’s appeal and decide if cellphone users have a reasonable expectation to the privacy of their tracked location information.
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Tax court affirms CVS valuation, stands by prior retail rulings

November 7, 2016
Olivia Covington
A CVS store in Bloomington has won its case against what it said were inaccurate tax assessments after the judge of the Indiana Tax Court rejected the argument that her previous rulings were inaccurate.
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In fractious time, ‘courtesy’ prevails at Supreme Court

November 4, 2016
 Bloomberg News
The U.S. Supreme Court seems to be trying to hang together as the election campaign drives the rest of the country into feuding camps.
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Courts open comment period on online records access plan

November 4, 2016
Dave Stafford
Trial court orders and judgments in most non-confidential civil and criminal cases will be posted and universally available online, but attorneys and parties to cases initially will have far greater access to filings than the public, according to recommendations now open for public comment.
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COA affirms convictions of auto theft, resisting law enforcement

November 4, 2016
Olivia Covington
A man convicted of stealing a car and fleeing police will not have his convictions reversed after the Indiana Court of Appeals found Friday that there was enough evidence to infer he was guilty of the charges against him.
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2 former Christie allies convicted in lane-closing scheme

November 4, 2016
 Associated Press
Two former aides to New Jersey Gov. Chris Christie were convicted Friday of creating an epic traffic jam at the George Washington Bridge for what prosecutors say was political revenge, capping a trial that cast doubt on Christie's claims he knew nothing about the scheme.
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Ex-police supervisor accused of stealing drugs pleads guilty

November 4, 2016
 Associated Press
A former Columbus Police Department narcotics division supervisor accused of taking drugs from its evidence room has pleaded guilty to charges.
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Mental defect defense sought for woman in Amber Alert deaths

November 4, 2016
 Associated Press
Attorneys for an Indiana woman accused of abducting her two young children and smothering them are seeking a defense of mental disease or defect for her.
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Rule amended to exclude mental health cases from public access

November 4, 2016
IL Staff
Records in some mental health cases may now be kept from the public after the Indiana Supreme Court added an amendment to an existing rule dealing with access to court records.
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Marian University facing suit over professor's alleged sexual misconduct

November 3, 2016
Hayleigh Colombo, IBJ Staff
Marian University is facing a lawsuit alleging the school acted with deliberate indifference while one of its professors sexually harassed a male student.
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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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