Courts

Virginia joins lawsuit challenging Trump immigration order

February 1, 2017
 Associated Press
Virginia is joining a federal lawsuit against President Donald Trump's executive order restricting travelers from seven Muslim majority nations from entering the U.S., Attorney General Mark Herring announced on Tuesday.
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Federal courts offering free CLE for Black History Month

February 1, 2017
IL Staff
The federal courts and other agencies in the Southern District of Indiana are offering a free CLE this month honoring an Indiana legend as part of their annual Black History Month event.
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Man's conviction for 1989 rape vacated

February 1, 2017
IL Staff
A Lake Superior Court has vacated the conviction and dismissed the charges against a Gary man who was wrongly punished for a 1989 rape and served his full sentence.
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COA affirms default judgment against Menards in injury lawsuit

February 1, 2017
Olivia Covington
A summons and complaint in a personal injury claim were adequately served on a Menards store in Gary, the Indiana Court of Appeals found Wednesday, so the store cannot seek relief from default judgment entered against it on the basis of the service of process.
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Trump taps conservative Judge Neil Gorsuch for Supreme Court

February 1, 2017
 Associated Press
President Donald Trump has nominated Neil Gorsuch, a fast-rising conservative judge with a writer's flair, to the Supreme Court, setting up a fierce fight with Democrats over a jurist who could shape America's legal landscape for decades to come.
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Man imprisoned for blast convicted in murder-for-hire plot

February 1, 2017
 Associated Press
A man serving two life sentences in a deadly Indianapolis house explosion has been convicted of a murder-for-hire charge.
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Eighth Amendment complaint splits 7th Circuit

January 31, 2017
Marilyn Odendahl
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
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7th Circuit reverses dismissal of ‘arbitrary’ Appeals Council decision

January 31, 2017
Olivia Covington
The 7th Circuit Court of Appeals Tuesday reversed an Appeals Council decision to dismiss an Indiana man’s good cause request after initially granting the request, finding that the sudden change of course was arbitrary.
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Eighth Amendment complaint splits 7th Circuit

January 31, 2017
Marilyn Odendahl
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
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COA upholds denial of IRA garnishment

January 31, 2017
Olivia Covington
The Elkhart Superior Court was within its discretion when it asserted a garnishment exemption on a debtor’s behalf because there are exceptions that allow a debtor to receive the benefit of an exemption without asserting it, the Indiana Court of Appeals decided Tuesday.
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Victim’s posthumously admitted testimony supports murder conviction

January 31, 2017
Dave Stafford
A woman’s deposition identifying to police the man who shot her in the face was properly admitted in the suspect’s murder trial after the victim died, the Indiana Court of Appeals ruled Tuesday.
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‘Dismayed’ by trial court, COA orders resentencing

January 31, 2017
Dave Stafford
An Indianapolis judge who sentenced a defendant to jail without permitting him to speak on his own behalf disregarded state law and violated the defendant’s rights, a panel of the Indiana Court of Appeals held in a stern ruling.
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Sheriff’s department not liable in death of former deputy’s wife

January 31, 2017
Olivia Covington
The Harrison County Sheriff’s Department cannot be held liable for the death of the wife of one of its former deputies who used her husband’s gun to kill herself. The Indiana Court of Appeals held Tuesday the deputy was acting as a husband, not a law enforcement official, during the incident.
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Syrian family denied entry sues Trump administration

January 31, 2017
 Associated Press
A lawsuit has been filed against the Trump administration on behalf of a Syrian family who was denied entry into the United States at the Philadelphia airport over the weekend.
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Fueled by protest, liberals push for blockade of Trump picks

January 31, 2017
Dave Stafford
Democrats are racing to respond to the wave of liberal outrage triggered by President Donald Trump, jumping into protests, organizing rallies and vowing to block more of the new president's nominees — including, possibly, his pick for the Supreme Court.
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COA affirms revocation of good time credit

January 30, 2017
Olivia Covington
A man whose disciplinary actions resulted in the loss of good time credit in a county community corrections program was not entitled to have that credit restored when his probation was revoked and he was ordered to serve the balance of his sentence, the Indiana Court of Appeals decided Monday.
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Divided COA reverses denial of proceedings supplemental

January 30, 2017
Olivia Covington
A divided Indiana Court of Appeals panel has reversed a trial court’s denial of a motion for proceedings supplemental in a civil case, writing that it was incumbent upon the county clerk, not the litigant, to ensure that a criminal court knew of a lien against criminal bond proceeds.
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7th Circuit strikes down portions of Indiana vaping law

January 30, 2017
Olivia Covington, IBJ Staff
A federal court has struck down portions of Indiana’s controversial vaping law, holding that the “astoundingly specific provisions” related to regulations of security, cleanliness and other physical requirements imposed on out-of-state manufacturers violates federal law and seems to imply a state attempt to create a monopoly for an Indiana security firm.
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State immigration lawyers say clients fearful amid Trump orders

January 30, 2017
Olivia Covington, Marilyn Odendahl, Dave Stafford
As the nation witnessed chaotic scenes over the weekend of immigrants detained at major American airports, Indiana immigration lawyers said President Donald Trump’s executive orders tightening immigration enforcement and banning immigrants from seven nations are dividing families and sowing fear with their clients.
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Indiana man charged in dad’s killing to use insanity defense

January 30, 2017
 Associated Press
A northeast Indiana man charged with killing his father plans to use an insanity defense when he goes to trial in Auburn.
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Man convicted in deadly blast faces murder-for-hire trial

January 30, 2017
 Associated Press
A man serving two life sentences in a deadly Indianapolis house explosion faces trial on a murder-for-hire charge.
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Legal aid filing fee bill moves to House

January 27, 2017
Marilyn Odendahl
A bill that would extend the $1 filing fee on civil cases submitted to Indiana state courts has breezed through the Senate and is now headed to the House of Representatives.
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Woman exonerated in murder loses appeal over fingerprint errors

January 27, 2017
Olivia Covington
The 7th Circuit Court of Appeals declined to allow a plaintiff to seek money damages against an Elkhart County detective who incorrectly identified latent fingerprints as those of a woman convicted of murder in 2002. The panel ruled that despite his training, the detective was still considered an expert on fingerprint identification.
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COA affirms drug convictions

January 27, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed the convictions of a man convicted on a litany of drug-related charges after finding that the evidence was sufficient to support his convictions and that there were no constitutional violations or court errors that harmed his case.
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ILAS sees red ink flow into budget

January 27, 2017
Marilyn Odendahl
Even coming off a holiday fundraiser that pulled in just over $150,000, the Indianapolis Legal Aid Society is expecting the 2016 expenditures will throw its budget in the red for the first time in decades.
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