Courts

Meijer tax ruling may reverberate statewide

January 20, 2015
Kathleen McLaughlin, IBJ Staff
Big-box retailers could see their Indiana property-tax bills slashed in half because of a recent court decision that favored Meijer over Marion County.
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Menard accused of witness tampering

January 19, 2015
IBJ Staff, J.K. Wall
The gritty legal battle between hardware store titan John Menard Jr. and Indianapolis power couple Steve and Tomisue Hilbert now includes this accusation: trying to buy off a witness.
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US Supreme Court sets stage for historic gay rights ruling

January 19, 2015
 Associated Press
The Supreme Court is getting back in the marriage business. The justices agreed Friday to decide a major civil rights question: whether same-sex couples have a right to marry everywhere in America under the Constitution.
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Defendant in deadly Indiana explosion agrees to plea deal

January 19, 2015
 Associated Press
One of three people charged in a deadly Indianapolis house explosion has reached a plea agreement, prosecutors said Friday — something an outside defense attorney said could mean a stronger case against the other two.
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Strong smell of marijuana makes strip search justified

January 16, 2015
Marilyn Odendahl
Although the man was arrested for a misdemeanor, the strong odor of marijuana that engulfed him gave law enforcement officers justification to conduct a strip search and did not violate his constitutional rights.
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Nativity lawsuit brings new county ordinance

January 16, 2015
Marilyn Odendahl
Franklin County Board of Commissioners approved a “public forum ordinance” this week in response to the ongoing lawsuit over a nativity scene displayed on the county’s courthouse lawn during the holiday season.
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Appeals panel affirms CHINS adjudication

January 16, 2015
Dave Stafford
Two children were properly adjudicated in need of services, the Indiana Court of Appeals concluded in affirming a trial court.
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Federal courts warn of threatening jury duty scam calls

January 16, 2015
IL Staff
Federal courts are warning residents of scam phone calls threatening prosecution for failure to comply with jury service, according to an alert released Thursday by the U.S. District Court for the Southern District of Indiana.
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Justices uphold convictions in second trial after partial deadlock

January 15, 2015
Dave Stafford
The Indiana Supreme Court Thursday upheld the convictions of a man involved in a fatal drunken-driving crash. The defendant was retried on all charges after a jury convicted him on some counts and deadlocked on others.
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$1.8M verdict against Walgreen for pharmacist’s data breach stands

January 15, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected Thursday several claims raised by Walgreen Co. on rehearing, holding that the company and its pharmacists are liable for damages sustained by the plaintiff after the pharmacist divulged her prescription records to a third party.
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Counsel’s ‘risky’ trial strategy is not considered ineffective

January 15, 2015
Jennifer Nelson
A trial attorney who decided to pursue a trial strategy in a theft case that did not request a jury instruction on the lesser-include offense of criminal conversion did not provide ineffective assistance of counsel, the Court of Appeals ruled.
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COA reverses sentence based on a ‘suspect enhancement’

January 15, 2015
Jennifer Nelson
Finding that a judge was clearly influenced by a jury’s not-guilty decision on another drug charge when he sentenced a defendant for cocaine possession, the Indiana Court of Appeals ordered the man’s sentence reduced.
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Full 7th Circuit declines to rehear right-to-work appeal

January 15, 2015
Jennifer Nelson
An even split among all of the 7th Circuit Court of Appeals judges as to whether to rehear an appeal challenging Indiana’s right-to-work law means that its previous affirmation of the law will stand.
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Defense wants statements omitted at Indiana fatal fire trial

January 15, 2015
 Associated Press
Defense attorneys for an Evansville man accused of starting a deadly March fire have asked a judge to keep statements he made to police from being used at trial.
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Lawmakers: Longer sentences, more police will deter crime

January 15, 2015
 Associated Press
Harsher sentences and an increased police presence can help fight crime in Indiana, Republican state senators said Wednesday.
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Rush proposes business court, makes pitch for e-filing funding

January 14, 2015
Dave Stafford
In her first State of Judiciary speech, Indiana Chief Justice Loretta Rush on Wednesday said the judiciary is “currently working on the development of a business court model focused on complex commercial litigation,” and urged the General Assembly to help fund the courts’ electronic filing initiative.
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7th Circuit upholds use of GPS unit on car in 2011

January 14, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s claim that his motion to suppress drugs and guns found by police at a storage locker through the use of a GPS unit should have been granted because attaching the device to his car for purposes of gathering information was a search under the Fourth Amendment.
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Court orders termination of spousal maintenance following ex-wife’s remarriage

January 14, 2015
Jennifer Nelson
A woman who remarried and now has substantial income and assets as a result of that marriage is no longer entitled to spousal maintenance, the Indiana Court of Appeals ruled Wednesday.
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Teen injured in stage collapse loses challenge of tort liability

January 14, 2015
Jennifer Nelson
A Cincinnati girl who was injured when a concert stage collapsed in 2011 at the Indiana State Fair and later declined to settle with the state lost her challenge that the tort claim caps are unconstitutional, ruled the Indiana Court of Appeals Wednesday.
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COA reverses in part judgment for agents on man’s insurance claim lawsuit

January 14, 2015
Jennifer Nelson
Finding the owner of a home that burned designated additional evidence which created a genuine issue of material fact, summary judgment should not have been awarded to agents on his claim, the Indiana Court of Appeals held.
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Woman can sue Evansville over bungled SWAT raid

January 14, 2015
Dave Stafford
A woman who was 68 years old when her home was raided in 2012 by an Evansville SWAT team tracking down online threats against police can sue the city for unreasonable use of force, a federal judge has ruled.
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‘Settlement Week’ helped to change public policy in civil cases

January 14, 2015
Dave Stafford
Lawyers 25 years ago had a radical concept: Let’s see how many civil lawsuits we can settle in a week.
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Deaf man sues state courts over denial of interpreter for mediation

January 14, 2015
Dave Stafford
A deaf man’s federal lawsuit against Indiana courts claiming the state failed to provide a sign language interpreter for mediation in his child custody hearing has survived the state’s initial efforts to dismiss.
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Innovative networking tool connects lawyers across practices

January 14, 2015
Holly Wheeler
Some are good at networking, others not so good. With the development of the Indianapolis Bar Association’s Indy Attorneys Network Section, lawyers old and new, those skilled at networking and those not as adept, have found there are always opportunities to meet and connect with colleagues and that doing so builds camaraderie and strengthens the local legal community.
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Ruling extends standing in adoption cases to those with ‘lawful custody’

January 14, 2015
Dave Stafford
The sometimes-bitter litigation between a child’s adoptive parent and her grandparents who raised her from a young age yielded a decision from the state’s highest court that family law experts believe may represent a significant shift in adoption cases.
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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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