Legal News

Circuit court without jurisdiction to grant father’s child support relief

December 10, 2015
Jennifer Nelson
Madison Circuit Court 5 did not have jurisdiction to rule on a man’s motion for relief from a child support decision entered by Madison Circuit Court 2, the Indiana Court of Appeals concluded Thursday.
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Company owner personally liable for unpaid phone book ads

December 10, 2015
Jennifer Nelson
Reversing a Hamilton County trial court, an appellate panel found a company owner individually liable and remanded for a determination of damages, interest and attorney fees.
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New Albany man challenges death sentence in 2012 murder

December 10, 2015
 Associated Press
An attorney for a southern Indiana man convicted of killing three women argued Thursday that his death sentence in one of the slayings should be thrown out because the judge didn't sufficiently consider the importance of his confession.
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Judge rejects Texas' latest attempt to block Syrian refugees

December 10, 2015
 Associated Press
A federal judge Wednesday knocked Texas for offering "largely speculative hearsay" about extremists possibly infiltrating Syrian refugees seeking to resettle in the state, rejecting another attempt by Republican leaders to keep out families fleeing the war-torn country.
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Company not entitled to relief from mortgage foreclosure judgment

December 9, 2015
Jennifer Nelson
An Indiana trial court incorrectly ruled a company was entitled to relief under Indiana Trial Rule 60(B)(6) after deciding a mortgage foreclosure action was void based on who owned interests in the mortgage.
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Indiana Tax Court moves to e-filing in January

December 9, 2015
IL Staff
Beginning Jan. 4, all three of Indiana’s appellate courts will accept electronic filing. Indiana Chief Justice Loretta Rush signed an order Wednesday announcing the Tax Court’s addition to the e-filing project.
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COA split over inmate’s ability to sue for unpaid wages

December 9, 2015
Jennifer Nelson
The Indiana Court of Appeals was divided Wednesday over whether an inmate who worked for a private company that contracted with the Department of Correction to employ offenders was allowed under Indiana statute to make a claim for unpaid wages.
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2 ex-Dewey officials told to take plea or face retrial

December 8, 2015
 Bloomberg News
Prosecutors offered a choice to two former Dewey & LeBoeuf LLP executives charged with lying to the law firm’s investors: take a plea deal or face a jury for the second time
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Ex-agent gets 6 years of prison for betrayal in Silk Road probe

December 8, 2015
 Bloomberg News
A government agent who stole $820,000 in bitcoins while investigating an online drug emporium was sentenced to almost six years in prison after a prosecutor said his deceit amounts to a “breathtaking abuse of trust.
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Paralyzed woman’s claim against security guard’s company proceeds

December 8, 2015
Jennifer Nelson
Whether a security guard, who shot a woman during an argument while he was on duty, was acting to further his employer’s business when he shot her is a matter that should be decided by a judge or jury, the Indiana Supreme Court held Tuesday.
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‘1 person, 1 vote’ case divides US Supreme Court

December 8, 2015
 Bloomberg News
A divided U.S. Supreme Court grappled with the meaning of the “one person, one vote” principle, hearing arguments in a case that might transform the way legislative maps are drawn and reduce Hispanic clout in elections.
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7th Circuit affirms city blocking strip club plans

December 8, 2015
Dave Stafford
Plans to open a strip club called “Showgirl” in Angola have been blocked for more than three years, but the 7th Circuit Court of Appeals found the city and courts were within their rights to do so.
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Justices reject challenge to local assault weapons ban

December 8, 2015
 Associated Press
Acting in the aftermath of the San Bernardino mass shooting, the Supreme Court of the United States on Monday rejected an appeal from gun owners who challenged a Chicago suburb's ban on assault weapons.
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Class-action status granted in athletic scholarship lawsuits

December 8, 2015
 Associated Press
Class-action status has been granted by a federal judge in two lawsuits against the NCAA that claim scholarships illegally cap compensation to college athletes.
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Hearing set in southern Indiana quadruple killing appeal

December 7, 2015
 Associated Press
A southern Indiana man's appeal of his conviction in the shooting deaths of four people is set to go before the state Supreme Court later this month.
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Johnson gets 5-year sentence in Indy Land Bank case

December 7, 2015
IBJ Staff
David Johnson, who was found guilty of wire fraud and money laundering as part of the Indy Land Bank scandal, was sentenced to more than five years in federal prison Friday by U.S. District Judge William T. Lawrence.
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Fort Wayne businessman’s statements not defamatory per se

December 7, 2015
Jennifer Nelson
The former chancellor of Indiana University-Purdue University Fort Wayne who filed lawsuits after he was required to retire at the age of 65 could not convince the Indiana Court of Appeals that statements in a private letter about him constituted defamation per se.
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Same-sex couples ask for summary judgment in birth certificate complaint

December 7, 2015
Marilyn Odendahl
Eight lesbian couples who sued the state for not putting both parents' names on their children’s birth certificates have filed a motion for summary judgment, asking the federal court to prohibit the state from denying the presumption of parenthood to female spouses of women who are artificially inseminated.
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Court erred in dividing husband’s accounts

December 7, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a man that a dissolution court’s valuation and division of his pension and deferred tax savings plan was incorrectly calculated, but rejected his other claims stemming from his divorce.
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COA upholds vehicle search despite noncompliance with protocol

December 7, 2015
Jennifer Nelson
Even though two Indianapolis police officers did not follow the department’s general order on towing and impounding vehicles after a traffic stop, the Indiana Court of Appeals upheld a man’s drug convictions.
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7th Circuit reverses benefits denial; judge chastises process

December 7, 2015
Jennifer Nelson
Seventh Circuit Judge Richard Posner had harsh words for the Social Security Disability Office regarding vocational expert testimony: clean up your act.
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Attorney to seek venue change in southern Indiana crash

December 7, 2015
 Associated Press
A southern Indiana judge is scheduled to hear arguments next month on whether the trial of a man accused of driving while intoxicated in a deadly crash should be moved to another county because of media attention.
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DNA evidence properly excluded in rape trial

December 4, 2015
Jennifer Nelson
A trial court was correct in not allowing evidence in a rape trial that DNA of an unknown male was collected from the victim two days after the incident, the Indiana Court of Appeals affirmed.
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Woman breached settlement in trail construction dispute

December 4, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a lower court that a Yorktown resident breached the terms of a settlement she reached with the town over easements to construct storm sewers and a residential trail when she declined to donate the easement for the trail unless other conditions were met.
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Erroneous jury instruction leads to DWI conviction reversal

December 4, 2015
Jennifer Nelson
A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.
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