Legal News

Houchin to chair children’s commission in 2017

February 9, 2017
IL Staff
Indiana Sen. Erin Houchin, R-Salem, will chair the Commission on Improving the Status of Children this year, as the 20-member group set its first quarterly meeting for next Wednesday.
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7th Circuit affirms deferral on sentencing request

February 9, 2017
Olivia Covington
An Indiana federal judge appropriately deferred judgment on a convicted child molester’s request for concurrent state and federal sentences because the state court was presented with additional facts that were relevant to sentencing, the 7th Circuit Court of Appeals decided Wednesday.
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Man gets life for fatally shooting Indiana police officer

February 9, 2017
 Associated Press
A judge sentenced a man to life in prison without parole Wednesday for fatally shooting an Indiana police officer sitting in his patrol car.
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Judge affirms dead candidate winner in Allen County election

February 8, 2017
Jennifer Nelson
An Allen Superior judge decided Wednesday that the Republican candidate for an at-large seat on the Allen County Council who died four days before the General Election was properly left on the ballot and certified as a winner. The judge noted that Indiana Code doesn’t specifically address this unique situation.
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Man serving 2 life terms gets 50 years more in murder plot

February 8, 2017
 Associated Press
A man serving two life sentences for causing a massive Indianapolis house explosion has had 50 years added to his prison time for trying to have a witness killed.
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Justices hold mayor lacked authority to fire utilities superintendent

February 8, 2017
Olivia Covington
A divided Indiana Supreme Court held Wednesday that a mayor did not have statutory authority to terminate his city’s utilities superintendent, writing in an opinion that “may well offend sound public policy” that only the utilities board can terminate the superintendent with cause, notice and a hearing.
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COA affirms convictions of man involved in fatal police chase

February 8, 2017
Olivia Covington
The Indiana Court of Appeals upheld a man’s various drug, handgun and resisting law enforcement convictions Wednesday after holding that the man was aware of the contraband in his vehicle and that his operation of the vehicle resulted in a passenger’s death.
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Lateral hiring up

February 8, 2017
Marilyn Odendahl
The pace of attorneys jumping from one firm to another is expected to continue this year.
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Jury still out if Marion County courts will go to new jail location

February 8, 2017
Dave Stafford
The Indianapolis judges will decide by May 1 if their future venue will be at new justice center a few miles outside of downtown.
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Hoosier attorneys travel to Rwanda on legal mission trip

February 8, 2017
Olivia Covington
A group of Indianapolis attorneys, determined to provide support to their African counterparts, traveled to Rwanda in late January to get a firsthand look at what it means to be an attorney in a country filled with blatant corruption and intentional oppression.
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State immigration lawyers say clients fearful amid Trump orders

February 8, 2017
IL Staff
Indiana immigration attorneys and their clients face uncertainty after President Donald Trump issued executive orders in his first week banning travel from seven Muslim-majority nations, suspending refugee resettlement programs and stepping up domestic enforcement.
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COA considers new allegations in medical malpractice cases

February 8, 2017
Olivia Covington
Can parties present evidence or theories at trial that were not presented to the medical review panel?
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Birth certificate battle moves to 7th Circuit

February 8, 2017
Marilyn Odendahl
The new Indiana administration does not want to recognize non-birth mothers as parents.
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Asian attorneys less represented in Indianapolis than nationwide

February 8, 2017
Olivia Covington
In the post-recession economy, Asians were the only minority group to experience constant growth in partner and associate positions at large law firms each year, while black and Hispanic attorneys followed a roller coaster-like cycle of growth and decline. However, the situation is less promising for Asian attorneys in Indianapolis.
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Supreme Court reverses CHINS determination

February 7, 2017
Olivia Covington
The Indiana Supreme Court reversed a children in need of services determination Tuesday after agreeing to hear the parents’ case on the merits, despite their premature notices of appeal.
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Groth asks Supreme Court to order release of Pence emails

February 7, 2017
 Associated Press, IL Staff
An Indianapolis lawyer is asking the Indiana Supreme Court to order the release of emails sent to Vice President Mike Pence when he was governor.
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Indicted Indiana sheriff seeks removal of special prosecutor

February 7, 2017
 Associated Press
A northern Indiana sheriff's trial on bribery charges was postponed on the day it was to begin after his attorney questioned whether the special prosecutor should be removed from the case.
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COA affirms summary judgment against Celadon in class action

February 7, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed summary judgment against a prominent trucking company in a class-action lawsuit, holding that the terms of the company’s contract with its independent drivers require the company to deduct the cost of fuel from their compensation based only on the lowest discounted price.
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COA: Declaratory judgment, tort actions can arise from same occurrence

February 7, 2017
Olivia Covington
A declaratory judgment action can arise from the same occurrence as an underlying tort action for purposes of permissive joinder under Trial Rule 20, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a request to sever two tort counts from a count seeking declaratory judgment.
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Citizens United lawyer Bopp targets Texas campaign finance laws

February 7, 2017
 Associated Press
Political “dark money” and the founder of an organization tied to President Donald Trump’s accusations of voter fraud will be at the center of a Texas Supreme Court case Tuesday that could reshape campaign finance laws in the country's second-largest state.
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Reversal: ‘Odor of raw marijuana’ sufficient grounds for search

February 6, 2017
Dave Stafford
A police officer who said he detected “a strong odor of raw marijuana” coming from a car during a traffic stop had probable cause to search the driver, the Indiana Court of Appeals ruled in reversing a trial court.
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Tax court judge rejects request to compel further discovery

February 6, 2017
Olivia Covington
After previously allowing the deposition of the former commissioner of the Indiana Department of State Revenue, the Indiana Tax Court rejected the University of Phoenix’s requests to compel further discovery, writing that the additional discovery likely would not reveal admissible evidence.
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COA: Malpractice claim barred by statute of limitations

February 6, 2017
Olivia Covington
The Indiana Court of Appeals has rejected a woman’s malpractice claim after holding that the claim was barred by a two-year statute of limitations.
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Tax Court reverses educational property tax exemption

February 6, 2017
Olivia Covington
The Indiana Tax Court has reversed an educational property tax exemption for a Carmel day care after finding that the land’s owner failed to properly compare the total time the property was used for educational purposes against the total time the day care utilized the land.
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Cop denied murder rehearing to appeal to US Supreme Court

February 6, 2017
Marilyn Odendahl
The 7th Circuit Court of Appeals has reversed itself and vacated its order to rehear a case of an Indiana police officer convicted of murder and arson. Glenn Patrick Bradford's attorney said he will ask the Supreme Court of the United States to hear the appeal.
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