Legal News

COA cites double jeopardy clause in reversal of conviction

March 25, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that a truck driver who caused an accident that killed a highway worker should not have been convicted of two Class C felonies, citing double jeopardy standards.
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Judges split on child support modification

March 25, 2011
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism over fairness and legalism over common sense.”
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Oxford scholar to lecture at Indiana University Maurer School of Law

March 25, 2011
IL Staff
A renowned intellectual property scholar will present a lecture at the Indiana University Maurer School of Law next month. Graeme Dinwoodie, director of the Oxford University Intellectual Property Research Centre, will lecture on “Global Marks in Local Markets: Territoriality in EU and U.S. Trademark Law,” at noon April 6 in the law school’s Moot Court Room.
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COA denies Miranda rights appeal in drunken driving case

March 24, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court’s decision that a man arrested for drunken driving was not entitled to counsel or a Miranda warning when police asked for his consent to a blood draw because he was not being interrogated at the time.
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Court of Appeals to hear arguments in Valparaiso

March 24, 2011
IL Staff
The Indiana Court of Appeals travels to Valparaiso University Monday to hear oral arguments in a criminal case.
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Civil rights groups form partnership

March 24, 2011
Jenny Montgomery
Jeff Lorick, executive director of the Terre Haute Human Relations Commission, often receives complaints about unfair housing practices. But until recently, Lorick has had little power to make local landlords comply with fair housing laws.
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IBM litigation explores executive privilege issue

March 23, 2011
Michael Hoskins
A Marion Superior judge has ordered Indiana state officials to turn over thousands of documents relating to the state’s cancellation of a welfare system modernization, ruling on an issue of first impression about whether a “deliberative processes” executive privilege exists in Indiana.
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COA: State didn't meet burden for probation revocation

March 23, 2011
Jennifer Nelson
The Indiana Court of Appeals has held – with a few exceptions – that a trial court may revoke probation for not satisfying a financial obligation only if the state proves by a preponderance of the evidence there is less than full payment and the probationer submitted that smaller payment recklessly, knowingly, or intentionally.
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Neighborhood Christian Legal Clinic offers help for low-income taxpayers

March 23, 2011
Jenny Montgomery
Unexpected audits, bankruptcy complications, and misunderstandings about tax law are what bring many low-income clients to the Neighborhood Christian Legal Clinic’s Low-Income Taxpayer Clinic. The LITC staff – one tax attorney, one paralegal, and one outreach coordinator fluent in English and Spanish – helps clients understand how to handle complicated tax issues.
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COA upholds convictions of man who planned to kill attorney, judge, ex-wife

March 22, 2011
Jenny Montgomery
The Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney, and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the conviction.
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7th Circuit judge to speak at rescheduled event

March 22, 2011
IL Staff
The Southern District of Indiana has rescheduled a Black History Month event that had been postponed because of inclement weather in February.
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Circuit Court affirms judgments against 2 ex-IMPD narcotics officers

March 22, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has found nothing wrong with the convictions or sentence of two former Indianapolis narcotics detectives brought down by their involvement in an illegal drug scheme to supplement their income as police officers.
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Judges reverse dismissal of workers' compensation claim

March 21, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a workers’ compensation claim, finding the worker’s deposition testimony didn’t support the Indiana Worker’s Compensation Board’s finding that he admitted his condition stemmed from a single incident.
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COA to hear arguments in LaPorte

March 21, 2011
IL Staff
The Indiana Court of Appeals travels to LaPorte High School Tuesday to hear arguments in an insurance case.
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Justices accept post-conviction relief case

March 21, 2011
Jennifer Nelson
The Indiana Supreme Court will decide whether a man convicted of murder and rape was denied effective assistance of appellate counsel.
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Appeal questions 'enrollment,' self-supporting standards for emancipation

March 18, 2011
Michael Hoskins
In tackling a child support case involving a teenager’s emancipation, Indiana Court of Appeals judges disagree on what state statute defines as “enrolled” in college. One judge believes the majority wrongly reweighed evidence in this case to come to its decision.
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Former auditor wins appeal on attorney fee issue

March 18, 2011
Michael Hoskins
The Indiana Supreme Court decided a case seven years ago but left for another day the answer to a question about governmental attorney fees, and now that specific issue has found its way to an appeal before the state’s second-highest appellate court.
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Professor included in legal magazine's "bucket list"

March 18, 2011
IL Staff
A National Jurist article listing “23 law profs to take before you die” included a professor at the Indiana University Maurer School of Law.
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Court of Appeals to hear arguments at ISU

March 18, 2011
IL Staff
The Indiana Court of Appeals of Indiana will hear oral arguments on an appeal regarding a defendant’s conviction of Class D felony sexual battery March 24 at 11 a.m. at Indiana State University’s Hulman Memorial Student Union.
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Court rules on early retirement benefits case

March 17, 2011
Michael Hoskins
Employees who accept early retirement even in the worst economic times aren’t entitled to continued unemployment assistance, the Indiana Court of Appeals ruled today.
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Rules being reviewed on temporary out-of-state attorney admission

March 17, 2011
Michael Hoskins
The Indiana Supreme Court is reviewing the rules on how out-of-state attorneys receive temporary admission to practice law before state administrative executive agencies.
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Training for protective order volunteers

March 17, 2011
IL Staff
The Indiana Coalition Against Domestic Violence will host a training for volunteers for its Protective Order Pro Bono Project April 15 at its offices at 1915 W. 18th St., Indianapolis.
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Law school dean on NFL Network as legal analyst

March 16, 2011
Rebecca Berfanger
If you watch the NFL Network, you may have recognized a familiar name among the commentators. Indiana University School of Law – Indianapolis Dean Gary R. Roberts has been serving as an on-air legal analyst for the network discussing the current labor dispute between NFL owners and players.
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7th Circuit upholds qualified immunity for DCS workers

March 16, 2011
Jennifer Nelson
Although sympathetic to a couple whose child was temporarily removed from the family’s home on child abuse concerns – a removal that was subsequently found not to be supported by probable cause –  the 7th Circuit Court of Appeals affirmed summary judgment for Department of Child Services employees on qualified immunity grounds.
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2 U.S. attorneys retiring, replacements named

March 16, 2011
Jennifer Nelson
Joseph H. Hogsett, U.S. attorney for the Southern District of Indiana, has announced replacements for the two members of the office’s management team who are retiring next month.
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