Courts

COA affirms belt considered a deadly weapon in domestic battery case

August 15, 2014
Jennifer Nelson
The belt used by a man to repeatedly strike his girlfriend qualifies as a deadly weapon and supports elevating his battery conviction to a Class C felony, the Indiana Court of Appeals held Friday.
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Sentencing panel to weigh economic crime penalties

August 15, 2014
 Associated Press
The federal panel that sets sentencing policy announced Thursday that it plans in the coming year to consider changes to sentencing guidelines for some white-collar crimes.
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Ex-prosecutor's official charged in gambling ring

August 15, 2014
 Associated Press
A former chief investigator for a western Indiana prosecutor faces official misconduct and other charges stemming from allegations that he protected a gambling ring from arrest.
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Suits in triple-slaying proceeds case move ahead

August 15, 2014
 Associated Press
A former Indiana state trooper shouldn't be allowed to claim all $626,000 in insurance and estate proceeds from the deaths of his wife and two children 14 years ago, even though he was acquitted of their murders, attorneys representing the family members argue in civil lawsuits.
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Judge wants Congress to reconsider FDIC’s rights when taking over a bank

August 14, 2014
Jennifer Nelson
In a case that hinges on the distinction between direct and derivative claims, the 7th Circuit Court of Appeals decided that a failed bank can pursue two claims against former managers.
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Security software maker loses trademark case against Warner Bros.

August 14, 2014
Jennifer Nelson
The Plymouth, Indiana-based security software maker that sued Warner Bros. after the movie “The Dark Knight Rises” referred to hacking software as “clean slate” lost its trademark infringement case before the 7th Circuit Court of Appeals. The company, which has a program called “Clean Slate,” claimed its sales dropped after the movie came out.
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Trial court must consider husband’s interest in land in divorce case

August 14, 2014
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to take another look at the marital pot of a northern Indiana couple, finding the lower court should have included the husband’s ownership interest in two parcels of land he owns as a joint tenant with his brother.
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COA finds officer had no reason to make woman sit in squad car after stop

August 14, 2014
Jennifer Nelson
 A police officer was not justified in requesting that the woman he pulled over for an expired driver’s license sit in his squad car while he decided how to proceed in the matter, the Indiana Court of Appeals ruled Thursday.
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Court orders more proceedings in foreclosure action

August 14, 2014
Jennifer Nelson
An Elkhart County man successfully convinced the Indiana Court of Appeals to reverse the denial of his motion to set aside default judgment in a foreclosure action. The man argued he relied on information from the bank that he could proceed with a short sale and the foreclosure proceeding would be put on hold.
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Rush to be sworn in as chief justice Monday

August 14, 2014
IL Staff
Indiana Justice Loretta Rush will officially become the Supreme Court’s chief justice Monday. Rush, along with current Chief Justice Brent Dickson, will be among those making brief remarks at the swearing-in ceremony.
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Church accuses JPMorgan of mismanagement, self-dealing

August 14, 2014
Cory Schouten
Christ Church Cathedral in Indianapolis has filed a federal lawsuit against JPMorgan Chase, alleging the bank's "intentional mismanagement" and "self-dealing" led to $13 million in losses in church trust accounts endowed in the 1970s by Eli Lilly Jr.
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Lighter sentences sought for some business crimes

August 14, 2014
 Associated Press
The federal panel that sets sentencing policy eased penalties this year for potentially tens of thousands of nonviolent drug offenders. Now, defense lawyers and prisoner advocates are pushing for similar treatment for a different category of defendants: swindlers, embezzlers, insider traders and other white-collar criminals.
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Court offices closed by underground explosion reopen Thursday

August 14, 2014
 Associated Press, IL Staff
The state court offices located at 30 S. Meridian St. in downtown Indianapolis are open Thursday. The building was evacuated and workers were sent home early after several underground transformer explosions Wednesday afternoon.
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Explosion in downtown Indy closes several court offices

August 13, 2014
Jennifer Nelson
An underground transformer explosion in downtown Indianapolis has prompted the evacuation of the building that houses several state court agencies, including the Division of State Court Administration and the Indiana Supreme Court Disciplinary Commission.
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Justices uphold sentence, clarify previous caselaw

August 13, 2014
Jennifer Nelson
The Indiana Supreme Court accepted a case to address the proposition that relying on an element of the offense as an aggravating factor when sentencing is no longer prohibited. The justices believe that the Court of Appeals has applied this position too broadly.
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Court reduces attorney fees awarded to pay firm by $1 million

August 13, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday found that an estate of a man with dependents can recover attorney fees under the General Wrongful Death Statute, but the trial court erred in how it calculated the amount the law firm will receive.
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7th Circuit declines to overturn mine’s fine for safety violation

August 13, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals denied the petition for judicial review filed by a company that runs a southern Indiana mine, finding sufficient evidence supports fining the company for violating federal regulation requiring a protective mound along an elevated roadway.
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Police allowed to test seized shoe without warrant

August 13, 2014
Jennifer Nelson
The Indiana Supreme Court held Wednesday that police do not need to have a warrant before testing lawfully seized evidence, even if that evidence is unrelated to the crime for which the defendant is in custody.
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College newspaper sues Purdue for release of video

August 13, 2014
 Associated Press
A college newspaper sued Purdue University on Tuesday over its refusal to release surveillance video that editors said shows a staff photographer being roughed up by police when he entered the building where a student had been fatally shot and stabbed.
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Trial begins in South Bend police wiretapping case

August 13, 2014
 Associated Press
A federal judge will decide whether the South Bend Police Department violated the Federal Wiretap Act by recording the telephone conversations of some police officers.
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Judge: Indiana can sue IRS over health care rules

August 13, 2014
 Associated Press
A federal judge has ruled Indiana and nearly 40 state school districts can sue the Internal Revenue Service over rules it imposed to implement the federal health care overhaul.
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Federal judge, managing partner keep jazz on the radio in northwest Indiana

August 13, 2014
Marilyn Odendahl

Each week longtime friends Bill Satterlee, managing partner at Hoeppner Wagner & Evans LLP in Valparaiso, and Kent Lindquist, senior judge for the Bankruptcy Court in the U.S. District Court for the Northern District of Indiana, share their mutual love of jazz by recording a two-hour show that airs Sunday nights on the local public radio station.

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Disciplinary Actions - 8/13/14

August 13, 2014
IL Staff
Read who recently resigned from the Indiana bar.
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Workplace threat injunction deemed invalid

August 13, 2014
Dave Stafford
An employee’s reported threat to blow his boss’s head off resulted in an injunction barring him from the workplace, but the Indiana Court of Appeals reversed recently in a case that highlighted conflicting statutes aimed at preventing violence on the job.
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Loretta Rush wins praise, makes history as new chief justice

August 13, 2014
Dave Stafford
Loretta Rush had dinner with friends awhile back in her hometown of Lafayette, but the upcoming chief justice selection didn’t come up. Robert Reiling recalls a nice time talking about family.  “I’m sure in Indianapolis she’s Chief Justice Rush,” Reiling said. “In Lafayette, she’s Loretta to everyone.”
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