Legal News

COA: Trial Rule 41(E) requires hearing on PCR petition

July 29, 2016
Jennifer Nelson
A trial court should have followed Indiana Trial Rule 41(E) and held a hearing before dismissing an inmate’s petition for post-conviction relief, the Indiana Court of Appeals ruled Friday.
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Court orders reconsideration of petition for credit time

July 29, 2016
Jennifer Nelson
Because the post-conviction court denied an inmate’s petition for credit time without considering whether he had exhausted administrative remedies, the Indiana Court of Appeals sent the case back for reconsideration.
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Offender on parole gets probation revocation reversed

July 29, 2016
Marilyn Odendahl
Even though he violated the terms of his probation, an offender should not have been ordered back to jail because at his release Indiana Department of Correction made a mistake and put him on parole.
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7th Circuit takes detailed look at Title VII, sexual orientation claims

July 29, 2016
Jennifer Nelson
Noting the writing may be on the wall that people who bring sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964 should be protected, the 7th Circuit Court of Appeals was bound by precedent to deny a woman’s claim against Ivy Tech Community college in South Bend.
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4 Circuit judges want new trial in polygraph denial case

July 29, 2016
Jennifer Nelson
Four 7th Circuit Court of Appeals judges believed that a man who had evidence admitted at trial of his refusal to take a polygraph test deserves a new trial. The 7th Circuit Thursday denied rehearing David Resnick’s case en banc.
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Emerging ‘rogue players’ may make legal damages harder to seize

July 28, 2016
 Bloomberg News
Problems with recovering court-awarded assets — and efforts to tackle them — are widespread and potentially growing.
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Corporate lawyers argue over whether Colbert can be Colbert

July 28, 2016
 Associated Press
After CBS "Late Show" host Stephen Colbert told viewers that lawyers representing his old Comedy Central show said he couldn't be "Stephen Colbert" anymore, he thumbed his nose at them with a transparent dodge.
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Appeal filed in copyright case of Led Zeppelin's 'Stairway'

July 28, 2016
 Associated Press
Lawyers have appealed a jury decision that cleared Led Zeppelin of accusations it lifted a riff from an obscure 1960s instrumental for the intro to its classic rock anthem "Stairway to Heaven."
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Judge keeps sex offender’s voting suit alive

July 28, 2016
Dave Stafford
A registered sex offender’s lawsuit against the Indiana Secretary of State and other parties will proceed, a federal judge ruled Thursday, denying the defendants’ motion to dismiss.
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Judge: Man should be civilly committed, not incarcerated

July 28, 2016
Jennifer Nelson
Indiana Court of Appeals Judge Paul Mathias again used an opinion to highlight problems he sees in the criminal justice system when dealing with defendants with mental health issues.
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COA: Father should have custody of children

July 28, 2016
Jennifer Nelson
Children who were afraid of their stepfather and whose behavior changed after their mother remarried should now be in the custody of their father, the Indiana Court of Appeals affirmed Thursday.
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COA: Parents’ actions do not support CHINS findings

July 28, 2016
Jennifer Nelson
The Indiana Court of Appeals Thursday reversed the findings that four sisters are children in need of services, noting none of their parents’ actions or inactions endangered the children.
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7th Circuit: Court needs permission to revise supervised release conditions once appealed

July 28, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals declined to overrule recent precedents in a man’s appeal involving his supervised release conditions and instead adopted a rule of practice for the Circuit.
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Plaintiffs lose state court challenge to anti-conflict of interest law

July 28, 2016
IL Staff
The five northern Indiana police officers or firefighters who challenged a state law that would prohibit them from simultaneously also serving in elected office had their suit challenging the 2013 law dismissed Tuesday.
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COA upholds convictions of man who targeted Burmese

July 27, 2016
Jennifer Nelson
An Alabama man was unable to convince the Indiana Court of Appeals that he was not behind several attacks on members of the Burmese community in Indianapolis two years ago. The judges affirmed Danny Cherry’s 80-year sentence for various crimes, including attempted murder.
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Elkhart County judgment exceeds med-mal cap

July 27, 2016
Dave Stafford
A northern Indiana judgment in favor of a man ruled to have suffered a catastrophic medical malpractice injury that left him paralyzed is the latest case challenging the state’s cap on malpractice damages.
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Majority: Trooper’s questioning violated Seatbelt Enforcement Act

July 27, 2016
Jennifer Nelson
A state trooper’s recollection of a woman’s name on a national drug registry does not provide an independent basis of reasonable suspicion justifying him to investigate more than a seat belt violation that initiated the traffic stop, the Indiana Court of Appeals held in a 2-1 decision. As such, the judges reversed the woman’s motion to suppress evidence that led to a drug charge.
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Taft to hold fundraiser for injured IP attorney

July 27, 2016
IL Staff
Taft Stettinius & Hollister LLP has organized a cocktail party and silent auction to raise money for Derek Lavender, an intellectual property attorney with the firm who was recently paralyzed as a result of a motorcycle accident.
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Father must still pay part of son’s college expenses, COA holds

July 27, 2016
Jennifer Nelson
The Indiana Court of Appeals agreed that a teenager has not repudiated his relationship with this estranged father and affirmed the trial court’s ruling that the boy, his mother, and his father must each pay a third of his college expenses.
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Lawyers logging more pro bono hours, survey finds

July 27, 2016
IL Staff
Lawyers are making more time for pro bono work, according to a recent survey of lawyers by Robert Half Legal. Despite busy schedules and increasing caseloads, 30 percent reported donating more than 80 pro bono hours each year.
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7th Circuit sets arguments in Exodus vs. Pence Syrian refugee case

July 27, 2016
Dave Stafford
Indiana Gov. Mike Pence’s appeal of a ruling blocking his bid to suspend resettlement of Syrian war refugees in the state will be heard by the 7th Circuit Court of Appeals less than two months before voters decide if he will be the nation’s next vice president.
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7th Circuit remands disability benefits denial

July 27, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals found an administrative law judge had improperly cherry picked a man’s medical record and reversed the denial of his disability benefits.
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COA hears arguments in $25M wrongful death verdict

July 27, 2016
Marilyn Odendahl
In a wrongful death case argued before the Indiana Court of Appeals Tuesday, the panel considered the questions of when are damages too high and when should an appellate court set aside a jury’s verdict?
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Indiana commercial courts open for business

July 27, 2016
Dave Stafford
No ribbon-cuttings heralded the opening of Indiana’s six commercial courts around the state June 1, but lawyers with complex business disputes have found their way to the forums the Supreme Court established as a pilot project.
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Ties to Florida firm burn Indiana lawyers

July 27, 2016
Dave Stafford
Small-town lawyer Justin Wall argues in his discipline case that he’s fighting not just for his career, but for the livelihoods of his Huntington co-workers and the needs of his community after he tried to drum up business with a regretful decision to answer a Craigslist ad four years ago.
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