Legal News

Judiciary addressing rising number of CHINS cases around state

November 21, 2016
Olivia Covington
A sharp increase in the number of case filings involving children in need of services comes as the number of juvenile delinquencies across Indiana is decreasing, which Indiana Supreme Court Chief Justice Loretta Rush attributes to the state court system’s focus on increasing resources to juvenile courts and assigning appropriate punishments to juvenile offenders.
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Southern District adopts amended rules

November 21, 2016
IL Staff
The United States District Court for the Southern District of Indiana announced Monday that it will adopt a set of amended local rules beginning Dec. 1.
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Judge halts Brownsburg annexation

November 21, 2016
Marilyn Odendahl
A Marion County judge has stopped an annexation by the town of Brownsburg, finding that while key parts of Indiana’s annexation statute are vague, the municipality did not show the area to be annexed had an urban character nor that it was needed for future development.
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Lake County sheriff, Portage mayor charged in towing-bribe schemes

November 18, 2016
Dave Stafford
Lake County Sheriff and county Democratic Party Chairman John Buncich and Portage Mayor James Snyder have been indicted on public corruption and bribery charges handed down by a grand jury.
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COA: Officers don’t have to relay specifics of their ‘reasonable suspicions’

November 18, 2016
Olivia Covington
Deciding that police officers do not have to relay the specific details of their reasons for being suspicious of a person before an officer stops and detains that person, the Indiana Court of Appeals has rejected a man’s argument that evidence of his possession of a handgun was improperly admitted.
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Judges decline to consider mother’s actions in med-mal case

November 18, 2016
Olivia Covington
The Indiana Court of Appeals has rejected a doctor’s argument that a patient’s mother served as an intervening cause to the loss of the patient’s kidney and instead upheld the rule that a parent’s alleged contributory negligence may not be imputed to a child’s medical malpractice claim.
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New law creates murkiness on private university police records

November 18, 2016
Dave Stafford
The Indiana Supreme Court left no doubt that it considered the Notre Dame Police Department exempt from the Access to Public Records Act when it affirmed dismissal of ESPN’s lawsuit seeking records of the department’s interactions with 275 student athletes. But a bill signed into law this year dealing with access to police body cameras could change that.
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Valparaiso Law says it's fixing school admission policies

November 17, 2016
Olivia Covington
Valparaiso University Law School is not in danger of closing or losing its accreditation in wake of the American Bar Association’s public censure of the school for noncompliance with admissions practices, the school’s dean said Thursday.
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Tow company that seized, sold cars loses injunction appeal

November 17, 2016
Dave Stafford
An Indianapolis towing company whose owner worked with bankruptcy lawyers to take possession of cars when a buyer defaulted and then resell dozens of them lost its appeal of an injunction blocking the practice and ordering the cars be returned to the lienholder.
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Felony conviction affirmed based on ‘into’ definition

November 17, 2016
Jennifer Nelson
A bullet that pierces a home’s siding is considered to be “into” the dwelling, the Indiana Court of Appeals decided Thursday in upholding a South Bend man’s criminal recklessness conviction.
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Lawsuit challenging cities' human rights ordinances stays in court

November 17, 2016
Olivia Covington
A Hamilton County judge has ruled that a lawsuit challenging the constitutionality of human rights ordinances in four Indiana cities can continue, despite the cities’ arguments that there was no legal standing to bring the suit.
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COA: Incest age defense can’t win post-conviction relief

November 17, 2016
Dave Stafford
A man convicted of incest for a consensual sexual relationship with his biological aunt couldn’t persuade the Indiana Court of Appeals that he was entitled to post-conviction relief. The man claimed ineffective assistance of counsel for failing to argue in his defense that the man’s aunt was older than 31.
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Justices dismiss ESPN suit, find Notre Dame police not public agency

November 16, 2016
Dave Stafford
Notre Dame Police are not a public agency, the Indiana Supreme Court ruled Wednesday, turning back a lawsuit from ESPN that sought records of the university police’s interactions with student athletes. The ruling means Indiana’s Access to Public Records Act does not apply to university police at private institutions.
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Wisconsin to appeal to feds over 'Making a Murderer' inmate

November 16, 2016
A federal judge told Wisconsin prison officials on Wednesday that they must release an inmate featured in the Netflix series "Making a Murderer" by Friday evening.
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Judge to mull latest request to delay Trump University trial

November 16, 2016
 Associated Press
A federal judge on Tuesday scheduled a hearing to consider President-elect Donald Trump's request to delay a civil fraud trial involving his now-defunct Trump University until after his inauguration on Jan. 20.
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Basketball player sues NCAA, Northwestern over transfer

November 16, 2016
 Associated Press
A Northwestern University basketball player is suing the school and the NCAA in federal court, claiming the association's transfer regulations violate antitrust laws.
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Temporary judge appointed in Noble Superior Court

November 16, 2016
IL Staff
Due to Noble Superior Judge Michael J. Kramer’s election to circuit court in the county, the Indiana Supreme Court has appointed a judge pro tem in superior court.
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Marion County’s new electronic system speeds process for searches

November 16, 2016
Dave Stafford
Police working a crime scene who need a search warrant sometimes feel they can’t wait, but they often have no choice. For law enforcement agencies in Marion County, though, the wait is decreasing due to a new electronic system for requesting and approving search warrants.
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Justices weigh whether child abuse reporter can sue DCS for breach of confidentiality

November 16, 2016
Dave Stafford
A southern Indiana church van driver who suspected children to be in need of services due to dangerous living conditions in his small community followed the law requiring him to report his suspicions. He didn’t want to provide his name, but he did so after a Department of Child Services hotline worker assured him his identity would remain confidential, as the law also requires.
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5 practice areas expected to see major growth in 2017

November 16, 2016
Olivia Covington
In its 2017 Practice Outlook Guide, BTI Consulting Group projected that five practice areas would experience significant growth in the coming year: regulatory matters, mergers and acquisitions, cybersecurity/data privacy, bet-the-company litigation and class-action lawsuits. Here is a look at the reasons top lawyers in these practice areas are predicting steady growth.
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Judges must balance timeliness rules with discretion

November 16, 2016
Olivia Covington
Recent decisions from the Indiana Court of Appeals have demonstrated the divide between statutory requirements and judicial discretion when it comes to motions filed after deadline.
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3 conservative groups challenge RFRA ‘fix,’ human rights ordinances

November 16, 2016
Olivia Covington
After a nearly 4½-hour hearing during which they argued the constitutionality of their local human rights ordinances prohibiting discrimination on the basis of sexual orientation, four Indiana cities are waiting to learn if a Hamilton Superior Court judge will dismiss a suit challenging the ordinances.
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Impending closure of Indiana Tech Law School brings anger, uncertainty

November 16, 2016
Marilyn Odendahl
Indiana Tech Law School's closure is the first time in the collective memory of the American Bar Association that a law school has closed without transferring its assets.
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COA dismisses request to make trial court order final

November 15, 2016
The Indiana Court of Appeals has dismissed a mother’s request to characterize an order ending her parent-child relationship as a final order, writing that she still had to option of appealing the trial court’s decision through interlocutory appeal.
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COA upholds murder conviction after rejecting involuntary manslaughter appeal

November 15, 2016
Olivia Covington
The Indiana Court of Appeals has upheld a man’s murder conviction after rejecting his claim that the jury should have been instructed on an involuntary manslaughter charge because he did not intend to kill his victim when he was beating her.
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