Courts

Justices consider conversion of felony to misdemeanor after plea agreement

December 1, 2016
Olivia Covington
The effect of legislative changes to state sentencing laws was at center in oral arguments before the Indiana Supreme Court Thursday.
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Mother’s suit alleging DCS caseworker abuses proceeds

December 1, 2016
Dave Stafford
An Indiana Department of Child Services case manager who allegedly pursued meritless child-abuse allegations against an Indianapolis mother must face a federal civil lawsuit, though her DCS supervisors will not, a judge has ruled.
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Jurors convict Indiana day care provider in toddler's death

December 1, 2016
 Associated Press
Jurors in northern Indiana have convicted a New Paris day care provider in the 2014 death of a 19-month-old boy in her care.
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Indiana Supreme Court considers general contractor’s duty of care to subcontractors

December 1, 2016
Olivia Covington
In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”
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Lawyer’s use of word ‘Negro’ prejudiced client, but doesn't get PCR

December 1, 2016
Dave Stafford
A defense attorney who has since been disbarred prejudiced his absent client when he referred to him as a “Negro” before potential jurors, a judge wrote, but the offending word wasn’t enough for the Court of Appeals to grant post-conviction relief.
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Justices consider transfer in chemical breath test case

December 1, 2016
Olivia Covington
Indiana’s rules regarding chemical breath tests can be read as a recipe, with each rule laid out for the process of testing someone’s blood alcohol content meant to be followed sequentially, said the attorney for a woman challenging her misdemeanor drunken-driving charges.
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Anthem’s Cigna takeover could draw $3B Blue Cross fine, exec testifies

December 1, 2016
 Bloomberg News
Anthem Inc. could face a penalty of about $3 billion from the national Blue Cross Blue Shield Association if it fails to derive the bulk of its nationwide revenue from Blue-branded products after acquiring Cigna Corp., according to testimony from an Anthem executive during a U.S. antitrust trial in Washington.
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Katie Couric moves to dismiss $13 million defamation lawsuit over 'Under the Gun'

December 1, 2016
 Bloomberg News
In court papers lodged Tuesday, Katie Couric contends that a gun rights group has read too much into pregnant silence in Under the Gun. She's now moved for dismissal of a $13 million lawsuit with the argument that eight seconds from the two-hour-long documentary are incapable of defamatory meaning.
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Allen County judge dismisses Fort Wayne tax suit for lack of jurisdiction

December 1, 2016
Olivia Covington
An Allen County judge has dismissed the city of Fort Wayne’s complaint against the county auditor’s allocations of taxes, writing that the case should be heard in the Indiana Tax Court, not a trial court.
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Full 7th Circuit hears LGBT-workplace bias appeal

November 30, 2016
 Associated Press
The 7th Circuit Court of Appeals has heard arguments en banc on whether the 1964 Civil Rights Act covers workplace discrimination against LGBT workers.
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Court affirms injunction preventing violations of non-compete clauses

November 30, 2016
Olivia Covington
After several employees from one civil engineering firm began soliciting employees from a competitor, the Indiana Court of Appeals held Wednesday that a trial court correctly issued a preliminary injunction to force the employees to comply with non-compete and non-solicitation clauses they had signed.
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US Supreme Court weighs bond hearings for detained immigrants

November 30, 2016
 Associated Press
A seemingly divided U.S. Supreme Court on Wednesday tried to figure out whether the government can detain immigrants indefinitely without providing hearings in which they could argue for their release.
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COA upholds summary judgment in workers’ comp case

November 30, 2016
Olivia Covington
Although he was hired to work on a specific project for a southern Indiana construction company, a worker who was injured on a construction job must seek damages through Indiana’s Worker’s Compensation Act because he was considered an “employee” of the company.
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COA: Indiana trial court has no personal jurisdiction over New York resident

November 30, 2016
Olivia Covington
An Indiana trial court cannot assume personal jurisdiction over a woman who lives in New York and has no ties to the Hoosier state, despite the fact that she is being sued by Indiana litigants.
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Indiana mother pleads not guilty in kids' fatal stabbing

November 30, 2016
 Associated Press
A central Indiana woman who admitted fatally stabbing her young son and daughter has pleaded not guilty to murder charges.
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2nd trial underway for woman charged with toddler's death

November 30, 2016
 Associated Press
A second trial is underway in northern Indiana for a day care provider charged with the death of a toddler in her care.
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Judges: Parents, courts need guidance on discipline

November 30, 2016
Olivia Covington
The Indiana Court of Appeals upheld a man’s conviction for battery against his daughter on Wednesday but expressed concern over the lack of guidance courts are given when trying to determine when parental discipline goes too far.
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Family values groups’ human rights lawsuit stays in court

November 30, 2016
Olivia Covington
A Hamilton County judge has ruled that a lawsuit challenging the constitutionality of human rights ordinances in four Indiana cities can continue, despite the cities’ arguments that there was no legal standing to bring the suit in court.
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ITT Chapter 7 bankruptcy fallout

November 30, 2016
Marilyn Odendahl
The student records are only one aspect of this bankruptcy. There are employee records, pension benefits, 401(k) retirement funds plus lawsuits previously filed by federal agencies and some states’ attorneys general.
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Pence counsel seeks email secrecy

November 30, 2016
Dave Stafford
Attorneys argue to the Court of Appeals whether the state's Access to Public Records Act should exempt governor from disclosure.
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Ceremony honors graduates of St. Joseph County Veterans Treatment Court

November 30, 2016
Marilyn Odendahl
Six former military members graduated from the veterans court during a special ceremony Nov. 21 at the courthouse in South Bend. Judges, attorneys, relatives and other veterans watched as the group of men received certificates for completing the program and congratulatory handshakes from veterans court Judge Steven Hostetler.
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Justices hint at wider death-penalty exemption for disabled

November 29, 2016
 Bloomberg News
A narrow U.S. Supreme Court majority signaled it may force Texas to broaden its death-penalty exemption for people who are intellectually disabled.
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Tippecanoe County sees increase in felonies with firearms

November 29, 2016
 Associated Press
Tippecanoe County has seen an increase of felonies involving firearms this year with at least 59 people charged in crimes such as battery with a firearm or armed robbery.
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Trump suggests 'consequences' for any flag-burners

November 29, 2016
 Associated Press
President-elect Donald Trump said Tuesday that anyone who burns an American flag should face unspecified "consequences," such as jail or a loss of citizenship — a move that was ruled out by the U.S. Supreme Court nearly three decades ago.
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Justices: warrantless search OK because of ‘objectively reasonable’ concerns

November 29, 2016
Olivia Covington
The Indiana Supreme Court affirmed a man’s drug conviction Tuesday, reiterating that if an officer encounters an emergency situation, then he or she may investigate further without a warrant.
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