Courts

Judge frees man held 3 years after molesting acquittals

July 1, 2016
 Associated Press
A Portage man held without bond for three years has been acquitted of four counts of child molesting and ordered immediately released from jail.
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Cinemark attorneys want victims to pay $700K in legal fees

July 1, 2016
 Associated Press
Attorneys for Cinemark want victims of a 2012 shooting at a Colorado movie theater to pay nearly $700,000 in legal fees after they unsuccessfully sued the theater chain.
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Appeals court nixes $7.25B credit card swipe fee settlement

July 1, 2016
 Associated Press
A $7.25 billion settlement between merchants and Visa Inc. and MasterCard Inc. over credit card transaction fees was rejected Thursday by a federal appeals court, a ruling praised by a retail trade association as a victory for consumers.
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Whitley County judge bound for Guantanamo

July 1, 2016
IL Staff
Whitley Superior Judge Douglas M. Fahl soon will be far from his courtroom in Columbia City. A major in the Indiana National Guard Judge Advocate General Corps, Fahl has been called to active duty and will be heading for a judicial post at Guantanamo Bay, Cuba.
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Judge: Indiana’s parenthood statutes violate constitutional rights of same-sex couples

June 30, 2016
Marilyn Odendahl
Indiana married same-sex couples have won the right to both be listed as parents on their children’s birth certificates.
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COA majority rules dog sniff did not prolong stop

June 30, 2016
Scott Roberts
The Indiana Court of Appeals reversed a woman’s motion to suppress evidence found at a traffic stop in a 2-1 decision after the court ruled the stop was not extended by an officer’s check of the car with his dog.
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Evidence found during arrest for public intox is admissible, COA rules

June 30, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man’s misdemeanor cocaine possession conviction after it held the search an officer conducted after finding the man asleep in his car did not violate his Fourth Amendment rights and thus the trial court did not abuse its discretion by admitting the cocaine found during the search.
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Judge blocks Indiana abortion law

June 30, 2016
Dave Stafford
A federal judge has issued a preliminary injunction blocking Indiana’s restrictive new abortion law from taking effect Friday.
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Majority: 2 shoplifting charges not RICO violations

June 30, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision the state went too far when it convicted a man who committed two acts of shoplifting under the state’s Racketeer Influenced and Corrupt Organizations Act and reversed his conviction for corrupt business influence.
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COA: Failure to give breath test sample was refusal to take test

June 30, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a woman refused a chemical breath test, noting the officer giving the test followed all the proper procedures and was within his rights to determine she refused the test after she failed to give a valid sample three times.
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Supreme Court hears arguments in threat case

June 30, 2016
Scott Roberts
The Indiana Supreme Court heard arguments Thursday morning on whether to grant transfer in a case on the question of whether an arrestee's statement could be considered a true threat because there is no evidence that the officer felt threatened by it.
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State vaping law survives federal challenge

June 30, 2016
Scott Olson, IBJ Staff
A federal judge on Thursday upheld as constitutional a controversial state law that regulates the manufacturing of vaping “e-liquids.”
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Judge approves settlement in 'Happy Birthday' copyright case

June 29, 2016
 Associated Press
A judge has approved a settlement that will put "Happy Birthday to You" in the public domain.
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Women sue Beech Grove after city blocked Facebook activity

June 29, 2016
Scott Roberts
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of two women against the city of Beech Grove after the city removed comments the two women wrote on Facebook posts the city and police department had made.
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Indiana man gets 3 years for bomb threat to avoid court

June 29, 2016
 Associated Press
An Anderson man has been sentenced to three years in prison for phoning a bomb threat to the Madison County Clerk's office last month to avoid a court hearing.
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COA: Minors’ malpractice suit can continue

June 29, 2016
Scott Roberts
The Indiana Court of Appeals ruled a medical malpractice lawsuit filed by minor children can continue after it found the suit was not untimely filed. The children were in the correct age range to trigger an exception in the Medical Malpractice Act.
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COA: Death during robbery is felony murder

June 29, 2016
Scott Roberts
The Indiana Court of Appeals found evidence was sufficient to uphold a robber’s conviction of felony murder after one of his accomplices was killed in a fight with a robbery victim.
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7th Circuit affirms judgment for employee on ADA claim

June 29, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed judgment for an employee who claimed the city of Anderson did not accommodate his disability when it fired him for not having a commercial driver’s license he could no longer get because of his diabetes.
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Deadline for mandatory e-filing nears for Hamilton County, Indiana appellate courts

June 29, 2016
Dave Stafford
Ready or not, the era of e-filing begins July 1 for everyone submitting court documents in Hamilton County and in Indiana’s appellate courts. There’s evidence that despite the buildup over recent months, many lawyers and filers may be caught off guard.
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Are old convictions still relevant?

June 29, 2016
Dave Stafford
A man who admitted fault and negligence for a Lake County drunken-driving crash is appealing damages of $2 million awarded in the case, claiming the jury was wrongly provided evidence of his prior alcohol-related driving convictions that were 17 and 30 years old.
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Pilot program to help judges with complex motions

June 29, 2016
Scott Roberts
Judges in four Indiana counties soon will have some help with complex motions thanks to a bill passed by the Indiana Legislature.
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VW settlement could return $66M to eligible Hoosiers

June 28, 2016
IL Staff
More than 6,600 Hoosiers who bought certain Volkswagens or Audis designed to defraud diesel emissions tests may receive cash compensation, have their cars bought back or their engines modified. Indiana Attorney General Greg Zoeller announced Tuesday that restitution for eligible Indiana consumers could reach $66 million.
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COA: Couple proved adverse possession of land along fence

June 28, 2016
Jennifer Nelson
In a dispute between neighbors over a property line, the Indiana Court of Appeals agreed with the trial court that a Johnson County couple satisfied the elements needed to be successful in their adverse possession and quiet title counterclaim.
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Judges reinstate woman’s legal malpractice claim

June 28, 2016
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a woman’s complaint against her attorney, finding the trial court improperly dismissed it pursuant to Indiana Trial Rule 12(B)(6).
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COA: Testimony would have restricted jury’s ability to decide

June 28, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of voluntary manslaughter after it found the trial court did not err in restricting the testimony of an expert witness for the defense.
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