Legal News

Democratic Supreme Court opposition grows; Schumer warns GOP

March 31, 2017
 Associated Press
Senate Democratic opposition to Donald Trump’s Supreme Court nominee swelled Friday as Democrats neared the numbers needed to block Judge Neil Gorsuch with a filibuster.
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7th Circuit denies Brazilian man’s motion for emergency stay

March 31, 2017
Olivia Covington
The 7th Circuit Court of Appeals has denied a Brazilian businessman’s motion for an emergency stay while a suit against him is pending in Brazil, finding that the man has failed to provide sufficient information to show that the Brazilian and Indiana suits are duplicative.
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Divided COA reverses CHINS finding

March 30, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed a CHINS determination after finding the Department of Child Services failed to meet its burden of proof, though one judge believed the trial court was acting in the child’s best interests.
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COA: Trial court imposed restrictive standard for remonstrance petition

March 30, 2017
Olivia Covington
The Perry Circuit Court imposed too strict of a standard on a group of property owners when it denied their remonstrance petition because some of the signatures did not exactly match the signatures on tax duplicates, the Indiana Court of Appeals decided Thursday.
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Fired worker still entitled to temporary disability benefits

March 30, 2017
Olivia Covington
A worker who was injured on the job and was later fired for cause is still entitled to disability benefits, despite his misconduct, the Indiana Court of Appeals has ruled.
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No constitutional violations at man’s drug trial, COA rules

March 30, 2017
Olivia Covington
A Warrick County man who claimed multiple constitutional violations prejudiced him at his trial for drug crimes failed to prove those violations, the Indiana Court of Appeals decided Thursday.
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COA sends property zoning dispute back to local BZA

March 30, 2017
Olivia Covington
A property zoning dispute has been remanded to the Jeffersonville Board of Zoning Appeals after the Indiana Court of Appeals found Thursday that BZA members did not enter proper findings of fact when handing down an adverse decision.
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COA affirms attempted murder conviction

March 30, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s attempted murder conviction after finding that the court was not required to give the jury a specific instruction on unanimity.
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Supreme Court suspends attorney for mismanaging funds

March 30, 2017
IL Staff
An Indianapolis attorney accused of mismanaging trust funds for both himself and other attorneys and clients has been suspended from the practice of law in Indiana for 180 days.
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Notre Dame law students slated to argue before military appellate court

March 30, 2017
IL Staff
Two Notre Dame Law School students will get the opportunity to argue before an international appellate court when the U.S. Court of Appeals for the Armed Forces hosts oral arguments at the school next week.
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7th Circuit affirms dismissal of foreclosure fraud case

March 29, 2017
Olivia Covington
An Indiana man’s various federal claims against his former mortgage holders cannot proceed because federal district courts do not have jurisdiction to vacate state court decisions, the 7th Circuit Court of Appeals ruled Wednesday.
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Man faces withheld evidence again in lawsuit against Indiana

March 29, 2017
 Associated Press
A man whose 1995 conviction was vacated after serving nearly 16 years in prison is facing evidence issues in a lawsuit he filed against the state of Indiana that were similar to those in his case.
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COA: Allowing removal of prosthetic eye not an abuse of discretion

March 29, 2017
Olivia Covington
A trial court’s decision to allow a woman to remove her prosthetic eye in the presence of the jury in a battery case was not an abuse of discretion because the relevancy of the demonstration was not outweighed by possible prejudice against the defendant, the Indiana Court of Appeals held Wednesday.
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COA affirms drug conviction, sentence

March 29, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a southern Indiana man’s drug conviction and sentence after finding that the admission of certain evidence did not violate the man’s constitutional rights.
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Indy judicial selection bill revised: Bar groups out, vote in

March 29, 2017
Dave Stafford
Indianapolis voters would elect four of 14 members of a proposed committee to nominate Marion Superior Court judges under a revised bill that eliminates bar group representation on the panel and continues to draw opposition from African-American lawmakers and community members.
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Delinquency findings upheld against student who threatened to bomb school

March 29, 2017
Olivia Covington
The Marion Superior Court did not abuse its discretion when it admitted incriminating statements from a 13-year-old who threatened to bomb his school, the Indiana Court of Appeals has found, because the in-school interrogation of the student did not trigger a Miranda warning.
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Indy attorney publicly reprimanded after immigration case

March 29, 2017
IL Staff
An Indianapolis attorney accused of encouraging a client to falsify federal immigration documents has been publicly reprimanded by the Indiana Supreme Court.
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Supreme Court rules man cannot convert felony theft conviction

March 28, 2017
Olivia Covington
A Lake County man will retain his felony theft conviction after the Indiana Supreme Court ruled Tuesday that an amendment to Indiana Code does not invalidate the man’s agreement to not seek misdemeanor treatment.
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Lawsuit seeks data over searches of electronics at US border

March 28, 2017
 Associated Press
A group of First Amendment attorneys sued the Trump administration on Monday over access to data showing how often U.S. citizens and visitors had their electronic devices searched and the contents catalogued at American border crossings.
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Lawsuits: Hackers stole customer data at 1,000 Arby's stores

March 28, 2017
 Associated Press
Georgia-based Arby's restaurant chain failed to prevent hackers from stealing customer information at hundreds of its stores, a Connecticut couple said in a new federal lawsuit.
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Indiana woman gets 12 years for neglect of malnourished teen

March 28, 2017
 Associated Press
An eastern Indiana woman has been sentenced to 12 years in prison for the neglect of her 15-year-old niece who weighed just 40 pounds when she was admitted to a hospital.
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Sales of Polar Pure brings forfeiture dispute to US Supreme Court

March 28, 2017
Marilyn Odendahl
The Supreme Court of the United States will enter the debate over civil forfeiture Wednesday when the eight justices consider whether the government can seize property from a convicted co-conspirator who did not receive any of the profits from the criminal transactions.
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COA affirms judgment for insurance company in work zone complaint

March 28, 2017
Olivia Covington
Summary judgment was properly awarded to an insurance company that denied a request to defend a construction company in a negligence suit, the Indiana Court of Appeals found Tuesday. The judges ruled the terms of the policy only obligated the insurance company after a certain amount of damages had been paid.
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Full House to hear ‘sanctuary campus’ bill

March 27, 2017
Olivia Covington
An Indiana Senate bill that faced widespread criticism for its prohibition of so-called “sanctuary campus” policies at Indiana colleges and universities is now headed to the full House for consideration, though in a much different form than what was considered by the Senate.
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Supreme Court takes multiple evidence admissibility appeals

March 27, 2017
Olivia Covington
The Indiana Supreme Court granted transfer to four appeals last week, three of which hinge on admissibility of certain evidence at the trial court.
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  2. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  3. Don't we have bigger issues to concern ourselves with?

  4. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  5. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

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