Legal News

Trial court abused discretion in ordering indigent juvenile to pay restitution

January 17, 2017
Olivia Covington
The Marion Superior Court erred when it ordered a juvenile delinquent to pay restitution to his theft victim after the court noted in its dispositional order that the juvenile offender was unable to pay, the Indiana Court of Appeals found Tuesday.
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Electronic copies of warrants are equal to paper copies

January 17, 2017
Olivia Covington
An electronic version of a signed search warrant is legally considered the equivalent of a paper warrant, the Indiana Court of Appeals has held, so a man’s constitutional rights were not violated when an officer drew his blood after showing him only a photo of a warrant in an email.
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Courts cannot force contact with extended family members other than grandparents

January 17, 2017
Olivia Covington
Courts do not have the authority to force parents to allow their children to have contact with members of their extended family, aside from grandparents, the Indiana Court of Appeals decided Tuesday.
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Bankruptcy trustee appears poised to sue former ITT brass

January 16, 2017
Greg Andrews, IBJ Staff
ITT Educational Services Inc.’s bankruptcy trustee has launched a no-holds-barred investigation into the defunct company’s business practices—a move that appears likely to pave the way for her to sue former officers and directors, including CEO Kevin Modany and Chief Financial Officer Kevin Fitzpatrick.
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BLE members dismissed from suit challenging notice, bar exam constitutionality

January 16, 2017
Olivia Covington
A federal judge has declined to hear a recent law school graduate’s case against the members of the Indiana Board of Law Examiners, citing precedent that requires federal courts to abstain to from hearing certain ongoing state proceedings. But the judge did require the state to respond to the plaintiff’s claims that portions of the bar exam are unconstitutional.
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Supreme Court disciplines attorneys for noncompliance

January 16, 2017
IL Staff
Two Indiana attorneys are facing disciplinary measures after failing to comply with various court orders.
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Judge denies injunction to block VA's Crown Hill project

January 16, 2017
IBJ Staff
A federal judge on Friday shot down a legal effort by environmentalists to block development of a U.S. Department of Veterans Affairs cemetery on 15 wooded acres north of Crown Hill Cemetery in Indianapolis.
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Indiana gets $12.7M in Moody’s inflated-ratings settlement

January 16, 2017
 Associated Press, IL Staff
Indiana will receive $12.77 million from Moody’s Corp., which has agreed to pay nearly $864 million to settle federal and state claims it gave inflated ratings to risky mortgage investments in the years leading up to the financial crisis.
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GOP leaders pledge vape law overhaul, subject of FBI probe

January 16, 2017
 Associated Press
Republican legislative leaders say they want to unwind stiff regulations they imposed on Indiana’s vaping industry, which created a stranglehold on the burgeoning market for one company and prompted an FBI investigation.
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Southern Indiana courts see rise in heroin, meth sentences

January 16, 2017
 Associated Press
Recently released court statistics show a growing percentage of prisoners sentenced for federal drug crimes in southern Indiana are heroin offenders.
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Camm prosecutor reprimanded for book deal

January 13, 2017
IL Staff
The Indiana Supreme Court has imposed a public reprimand against a Floyd County prosecutor charged with violations of three Professional Conduct Rules after he failed to recuse himself from a case he planned to write a book about.
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Justices weigh confidentiality for unlicensed social workers

January 13, 2017
Olivia Covington
The justices of the Indiana Supreme Court are deciding whether they should answer the legal question of whether communications with an unlicensed social worker are considered privileged and confidential.
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6 hate crime bills introduced at Statehouse

January 13, 2017
Marilyn Odendahl
Once again, a handful of Indiana lawmakers and community organizations are trying to get hate-crime legislation through the Statehouse and onto the governor’s desk.
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COA affirms rulings in division of military pension

January 13, 2017
Dave Stafford
A man who sought to void trial court orders that granted his ex-wife a portion of his military pension lost his interlocutory appeal Friday.
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Delinquency affirmed as COA tosses timeliness appeal

January 13, 2017
Dave Stafford
The Indiana Court of Appeals Friday rejected an argument that a juvenile delinquency case should have been dismissed because a fact-finding hearing wasn’t conducted within 60 days of the delinquency petition.
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Divided COA: Man can't use RFRA to avoid taxes

January 13, 2017
Olivia Covington
A divided Indiana Court of Appeals ruled Friday that a Marion County man cannot avoid paying income taxes using a religious freedom defense, with the majority writing that the controversial Religious Freedom Restoration Act allows for the collection of taxes in the furtherance of a compelling government interest.
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Nearly 150 inmates not fingerprinted in Tippecanoe County

January 13, 2017
 Associated Press
Prosecutors in Tippecanoe County said they've determined nearly 150 former inmates need to be fingerprinted after glitches with the jail's fingerprint machine. The county now is trying to track those people to obtain the required prints.
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Man wanted in '99 abduction, sex assault caught in Oregon

January 13, 2017
 Associated Press
A man wanted in the 1999 abduction and sexual assault of a 10-year-old girl in southern Indiana has been arrested in Oregon.
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Policy: Mishawaka police can buy, use own body cameras

January 13, 2017
 Associated Press
The northern Indiana city of Mishawaka has a new policy that allows police officers to wear body cameras if they purchase the equipment themselves.
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Watchdog probe to bring new scrutiny for FBI's Comey

January 13, 2017
 Associated Press
FBI Director James Comey, already under fierce public scrutiny for his handling of the election-year probe of Hillary Clinton, faces a new internal investigation into whether he and the Justice Department followed established protocol in the email server case.
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Lilly shares rise after Alimta cancer drug patent upheld

January 13, 2017
 Bloomberg News
Eli Lilly and Co. won an appeals court ruling Thursday that upheld the validity of a patent for its lung cancer drug Alimta, helping shares rise by almost 3 percent.
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Link between addiction, criminal justice discussed with legislators

January 12, 2017
Olivia Covington
In Indianapolis, a person is more likely to die from a drug-related incident than a car crash. This and other drug-related facts where shared with the members of the Indiana House Courts and Criminal Code Committee at a meeting Wednesday. Representatives from the state’s judicial branch were invited to share progress and their concerns regarding Indiana criminal code reform with lawmakers.
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Justices consider PCR waiver in death penalty case

January 12, 2017
Olivia Covington
After a public defender failed to secure a statutorily required signature on Kevin Isom’s petition for post-conviction relief, Isom, a convicted murderer who has been sentenced to death, lost confidence in his legal team. He refused to provide his signature after the error was discovered, vowing not to sign unless he was appointed new counsel.
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Senate committee extends for $1 pro bono filing fee

January 12, 2017
Marilyn Odendahl
A bill extending the $1 additional civil filing fee to support pro bono programs sailed through a Senate committee Wednesday despite a discussion about the possibility of allowing Marion County small claims courts to keep the filing fees they collect for themselves.
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COA upholds constitutionality of CHINS reunification exception

January 12, 2017
Dave Stafford
A statute providing exceptions to the requirement that the Department of Child Services make reasonable efforts to preserve and reunify families involved in CHINS cases survived a constitutional challenge Thursday.
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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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