Courts

Justices rule expungements can’t erase civil forfeitures

September 2, 2016
Dave Stafford
The Indiana Supreme Court held Thursday that Indiana’s second-chance laws that allow expungement of certain criminal convictions do not permit erasure of records of civil forfeitures connected to expunged charges.
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Anderson woman pleads guilty in 12-year-old girl's death

September 2, 2016
 Associated Press
An Anderson woman has pleaded guilty in connection with the death of a 12-year-old girl who was fatally injured by a lawnmower.
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Supreme Court disbars former clerk-treasurer who stole town funds

September 1, 2016
Even though the attorney who stole town funds while serving as elected clerk-treasurer of the town of Warren Park in Marion County has attempted to address his gambling addiction that caused the theft, the Indiana Supreme Court disbarred the attorney based on his misconduct.
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Indianapolis couple convicted in toddler’s death

September 1, 2016
IL Staff
A Marion County jury convicted a mother and her boyfriend in the death of the mother’s 1-year-old son.
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Court battle heats up between state, Monarch Beverage affiliate

September 1, 2016
Hayleigh Colombo, IBJ Staff
The legal battle between the Indiana Alcohol & Tobacco Commission and Spirited Sales LLC — an affiliate of Monarch Beverage Co. — is escalating, despite a Marion County judge’s ruling last week that Spirit is entitled to become a liquor wholesaler in the state.
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Order: Strip searches violate religious rights of ‘American Taliban’

September 1, 2016
Dave Stafford
A federal judge has ruled strip searches prior to non-contact visits are a violation of the religious rights of Yahya (John Walker) Lindh, the so-called “American Taliban” who’s housed in the federal prison at Terre Haute. The judge also chided federal authorities who ignored Supreme Court precedent that was on point in the case.
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7 counties now require e-filing

September 1, 2016
IL Staff
E-filing is now mandatory in seven Indiana counties that introduced the practice in their courts earlier this year. Courts in Clark, Floyd, Harrison, Hendricks, Henry, Madison and Shelby counties now require attorneys file electronically.
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Hinckley to move to mother’s home in Virginia

September 1, 2016
 Associated Press
The man who attempted to assassinate President Ronald Reagan 35 years ago will leave a Washington psychiatric hospital to live full-time in Virginia on Sept. 10, his lawyer said Thursday.
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Indiana owner of Wright house sues over historic designation

September 1, 2016
 Associated Press
The owner of a northeastern Indiana home designed by famed architect Frank Lloyd Wright is suing Fort Wayne officials over the home's historic designation.
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Patel to be released from prison after resentencing on lesser charge

August 31, 2016
IL Staff
The Granger woman whose feticide conviction was overturned by the Indiana Court of Appeals last month is now a free woman.
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Gun store argues no liability for straw sale linked to officer’s shooting

August 31, 2016
Dave Stafford
Lawyers for a gun store sued for making an illegal straw sale of a firearm that was used to shoot an Indianapolis police officer argued Wednesday that Indiana gun sellers are shielded from civil lawsuits even when they break the law.
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COA affirms developer’s liability on defaulted property

August 31, 2016
Jennifer Nelson
A real estate developer whose project had to be sold after the company defaulted on the mortgage is on the hook for nearly half the owed price based on a contract he signed as guarantor, the Indiana Court of Appeals affirmed.
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Man who parked car on I-94 must face OWI causing death charge

August 31, 2016
Jennifer Nelson
Criminal charges against a man who prosecutors say was drunk and parked his car in an interstate lane in the early morning hours, leading to the death of truck driver, will move forward after the Indiana Court of Appeals upheld the denial of the driver’s motions to dismiss and suppress evidence.
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7th Circuit rejects government’s position of inmate self-defense

August 31, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals declined to hold, as the district court did, that an inmate can only use force in self-defense against a correctional officer if the inmate faces death or serious bodily harm.
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FSSA employees face individual claims for day care registration revocation

August 31, 2016
Jennifer Nelson
Two employees of the Indiana Family and Social Services Administration will face individual-capacity claims brought by a religious day care whose registration was revoked without providing for some type of hearing, the 7th Circuit Court of Appeals held Tuesday.
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Man entitled to serve sentence in jail, not DOC

August 31, 2016
Jennifer Nelson
The Indiana Court of Appeals ordered a trial court to resentence a man under the statute in place when he was sentenced, even though he committed the crime before the date noted in the statute. As a result, he is entitled to serve his Level 6 felony in jail instead of the Department of Correction.
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COA reverses woman’s fine for defying no-animals order

August 31, 2016
Jennifer Nelson
Finding the $1,000 fine imposed for indirect contempt of court after a woman continued to have animals at her home after ordered by a court not to do so was punitive in nature and impermissible, the Indiana Court of Appeals reversed Wednesday.
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Driver fined for texts before fatal crash south of Lafayette

August 31, 2016
 Associated Press
A Tippecanoe County judge has ordered a central Indiana man to pay a $300 fine and court costs for texting on his cellphone shortly before a crash that killed a driving instructor.
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Justice Ginsburg to visit Notre Dame next month

August 30, 2016
IL Staff
United States Supreme Court Justice Ruth Bader Ginsburg is coming to the Notre Dame Law School next month, where she will talk with law students and speak at a public event.
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Innocent pleas entered for 4 Notre Dame players, Redfield

August 30, 2016
 Associated Press
Not guilty pleas have been entered for two Notre Dame football players and a third kicked off the team following his arrest on misdemeanor charges of marijuana possession.
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Judge: Lawyer must pay $22k in Indy skyline photo suit

August 30, 2016
Dave Stafford
A McCordsville lawyer and photographer who wrongly sued a man he claimed violated his copyright by posting a photo of the Indianapolis skyline on a website must pay more than $22,000 in legal fees, a federal judge has ruled.
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School asks high court to hear transgender bathroom case

August 30, 2016
 Associated Press
A Virginia school board urged the U.S. Supreme Court on Monday to weigh in on whether a transgender male must be allowed to use the boys bathroom at his high school, framing it as an issue of national importance.
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Man’s ineffective assistance of counsel claim fails in 7th Circuit

August 30, 2016
Jennifer Nelson
The habeas corpus petition by a prisoner at the Miami Correctional Facility was correctly denied in federal court, the 7th Circuit Court of Appeals held Monday. The man argued his appellate counsel provided ineffective assistance of counsel regarding his habitual offender adjudication.
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Amended Indiana Trial Rule 77 starts Thursday

August 30, 2016
IL Staff
Indiana Rules of Trial Procedure Rule 77 on court records has been amended to reflect updates in technology at the courts.
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Company barred from mentioning standard in negligence case

August 29, 2016
Jennifer Nelson
A company being sued for negligent design by a man who fell out of its utility truck bucket and became paralyzed may not mention a specific design standard at a new trial on the issue, the Indiana Court of Appeals ruled Monday.
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