Legal News

Inaccurate property description does not render mortgage invalid

February 9, 2016
Marilyn Odendahl
Despite errors, a mortgage still contained a “facially valid” description and the mortgage holder was protected from foreclosure.
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Arrest, search of woman who walked from police unconstitutional

February 9, 2016
Dave Stafford
Indianapolis police who arrested and searched a woman after she walked away from them violated her Fourth Amendment rights, the Indiana Court of Appeals ruled Tuesday.
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Supreme Court vacates Tax Court ruling in seized-dogs case

February 9, 2016
Dave Stafford
An Indiana Tax Court ruling that the state improperly denied a refund of the value of 240 dogs seized from an alleged puppy mill in southern Indiana was vacated Monday by the Indiana Supreme Court.
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Publisher to pay $14M in 'Happy Birthday' copyright case

February 9, 2016
 Associated Press
Music publisher Warner/Chappell Music will return $14 million in fees to settle a lawsuit that challenges its claim to "Happy Birthday," one of the world's best-known songs.
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GOP state senator enters race for Indiana attorney general

February 9, 2016
 Associated Press
A Republican state senator from Logansport says he will seek the Republican nomination for state attorney general.
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2 more join federal suit challenging live Nativity scene

February 9, 2016
 Associated Press
Two more parents have joined a federal lawsuit challenging a northern Indiana school district using a live Nativity scene as part of its annual Christmas show.
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Walton sentenced to 9 years for role in Indy Land Bank scheme

February 9, 2016
IBJ Staff
Reggie Walton, the former director of the Indy Land Bank, was sentenced Monday to nine years in federal prison for his role in a scheme in which he received kickbacks for fraudulently directing the sale of abandoned or tax-delinquent properties.
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Decision against trying to bifurcate did not prejudice jury

February 8, 2016
Marilyn Odendahl
Refusing to second-guess trial strategy, the Indiana Court of Appeals found an East Chicago man did not meet his burden to prove he had ineffective counsel.
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Murder conviction stands despite closing argument error

February 8, 2016
Marilyn Odendahl
A deputy prosecutor’s misstep during closing arguments was not enough to overcome the abundant evidence of guilt and force a new trial, the Indiana Court of Appeals has ruled.   
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Co-op discriminated against disabled renter, suit claims

February 8, 2016
Dave Stafford
A daughter and care provider for her quadriplegic mother who was denied housing at a south side Indianapolis housing cooperative has sued in federal court, claiming the apartment management violated state and federal housing and anti-discrimination laws.
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Lake County sees successes with JDAI

February 8, 2016
 Associated Press
Lake County has seen success in the Juvenile Detention Alternatives Initiative that offers kids alternatives to incarceration, including home detention, day and evening reporting programs, residential alternatives and foster care.
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Man accused of killing co-worker found guilty of murder

February 8, 2016
 Associated Press
A man accused of fatally stabbing a co-worker and dumping his body along a highway in Lafayette in 2014 has been found guilty of murder.
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Jury selection to open in trial of man charged in 1975 death

February 8, 2016
A man who was convicted of killing his second wife now is accused of murdering his first wife more than 40 years ago.
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Authorities: Man arrested in 1990 attempted rape dies

February 8, 2016
 Associated Press
Authorities say a man who was arrested last month in a 1990 attempted rape case in central Indiana has died after leading law enforcement on a chase.
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7th Circuit: Plea agreement forecloses sentence appeal

February 5, 2016
Jennifer Nelson
A man who pleaded guilty in federal court to drug charges is unable to challenge his sentence on appeal based on this plea agreement, the 7th Circuit Court of Appeals ruled Friday.
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Cosby case could hinge on 2 issues: deposition and accusers

February 5, 2016
 Associated Press
With one crucial legal battle out of the way, at least two more loom in the sexual-assault case against Bill Cosby: whether prosecutors can use his explosive testimony from a decade-old lawsuit, and whether other Cosby accusers can testify.
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Court OKs bulk confidential juvenile data transfer to ICJI

February 5, 2016
Dave Stafford
Confidential data in criminal and juvenile delinquency cases around the state will be provided in bulk to the Indiana Criminal Justice Institute under an order issued Thursday by the Indiana Supreme Court.
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Court orders portion of roof removed due to trespass

February 5, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a jury verdict in a trespass and negligence lawsuit brought in a dispute over water draining from a housing development into neighboring property. In doing so, the judges ordered part of a roof to come down due to trespass.
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Ex-Gov. Whitcomb, lawyer, POW, adventurer, dies at 98

February 5, 2016
 Associated Press, IL Staff
Former Indiana Gov. Edgar Whitcomb, who escaped from a Japanese prisoner camp by swimming overnight during World War II and then made an around-the-world solo sailing trip while in his 70s, has died at age 98.
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Nightingale Home Healthcare sues state, feds alleging discrimination

February 5, 2016
IBJ Staff
Carmel-based Nightingale Home Healthcare Inc. said Friday it has filed a lawsuit against state and federal officials after Medicare sought to stop payments to the firm for allegedly putting patients in “immediate jeopardy.”
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Judges affirm co-defendants’ robbery convictions

February 4, 2016
Jennifer Nelson
Two men convicted of robbing a West Lafayette money lending store could not persuade the Indiana Court of Appeals to reverse their convictions.
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Plaintiff failed to prove injury caused by crane lessor

February 4, 2016
Jennifer Nelson
A man severely injured at work by a crane failed to prove that a company breached a duty to inspect a certain part of a crane before delivering it to the renter for use, and that the alleged breach was the proximate cause of the injury, the 7th Circuit Court of Appeals ruled Wednesday.
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Indiana co-authors amicus brief in Texas abortion clinic case

February 4, 2016
IL Staff
Indiana and Ohio have authored an amicus brief filed Wednesday in a case before the Supreme Court of the United States asking it to uphold Texas’ abortion clinic surgical standards.
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Rush to lead new task force on access to electronic court records

February 4, 2016
IL Staff
It’s time for best practices and policies on Internet access to court records to be developed, the Indiana Supreme Court said Thursday in an order about the creation of an advisory task force on remote access to and privacy of electronic court records.
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Federal court rejects convicted financier's sentence appeal

February 4, 2016
 Associated Press
A federal appeals court has rejected a former Indianapolis businessman's bid to shorten his 50-year sentence for defrauding investors of $200 million.
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