Legal News

Court battle heats up between state, Monarch Beverage affiliate

September 1, 2016
Hayleigh Colombo, IBJ Staff
The legal battle between the Indiana Alcohol & Tobacco Commission and Spirited Sales LLC — an affiliate of Monarch Beverage Co. — is escalating, despite a Marion County judge’s ruling last week that Spirit is entitled to become a liquor wholesaler in the state.
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Order: Strip searches violate religious rights of ‘American Taliban’

September 1, 2016
Dave Stafford
A federal judge has ruled strip searches prior to non-contact visits are a violation of the religious rights of Yahya (John Walker) Lindh, the so-called “American Taliban” who’s housed in the federal prison at Terre Haute. The judge also chided federal authorities who ignored Supreme Court precedent that was on point in the case.
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7 counties now require e-filing

September 1, 2016
IL Staff
E-filing is now mandatory in seven Indiana counties that introduced the practice in their courts earlier this year. Courts in Clark, Floyd, Harrison, Hendricks, Henry, Madison and Shelby counties now require attorneys file electronically.
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Hinckley to move to mother’s home in Virginia

September 1, 2016
 Associated Press
The man who attempted to assassinate President Ronald Reagan 35 years ago will leave a Washington psychiatric hospital to live full-time in Virginia on Sept. 10, his lawyer said Thursday.
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Indiana woman uses religious objections law in abuse defense

September 1, 2016
 Associated Press
The attorney for a woman charged with child abuse for allegedly beating her son with a coat hanger says Indiana's religious objections law gives her the right to discipline her children according to her evangelical Christian beliefs.
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Patel to be released from prison after resentencing on lesser charge

August 31, 2016
IL Staff
The Granger woman whose feticide conviction was overturned by the Indiana Court of Appeals last month is now a free woman.
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Gun store argues no liability for straw sale linked to officer’s shooting

August 31, 2016
Dave Stafford
Lawyers for a gun store sued for making an illegal straw sale of a firearm that was used to shoot an Indianapolis police officer argued Wednesday that Indiana gun sellers are shielded from civil lawsuits even when they break the law.
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COA affirms developer’s liability on defaulted property

August 31, 2016
Jennifer Nelson
A real estate developer whose project had to be sold after the company defaulted on the mortgage is on the hook for nearly half the owed price based on a contract he signed as guarantor, the Indiana Court of Appeals affirmed.
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Man who parked car on I-94 must face OWI causing death charge

August 31, 2016
Jennifer Nelson
Criminal charges against a man who prosecutors say was drunk and parked his car in an interstate lane in the early morning hours, leading to the death of truck driver, will move forward after the Indiana Court of Appeals upheld the denial of the driver’s motions to dismiss and suppress evidence.
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7th Circuit rejects government’s position of inmate self-defense

August 31, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals declined to hold, as the district court did, that an inmate can only use force in self-defense against a correctional officer if the inmate faces death or serious bodily harm.
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FSSA employees face individual claims for day care registration revocation

August 31, 2016
Jennifer Nelson
Two employees of the Indiana Family and Social Services Administration will face individual-capacity claims brought by a religious day care whose registration was revoked without providing for some type of hearing, the 7th Circuit Court of Appeals held Tuesday.
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Man entitled to serve sentence in jail, not DOC

August 31, 2016
Jennifer Nelson
The Indiana Court of Appeals ordered a trial court to resentence a man under the statute in place when he was sentenced, even though he committed the crime before the date noted in the statute. As a result, he is entitled to serve his Level 6 felony in jail instead of the Department of Correction.
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COA reverses woman’s fine for defying no-animals order

August 31, 2016
Jennifer Nelson
Finding the $1,000 fine imposed for indirect contempt of court after a woman continued to have animals at her home after ordered by a court not to do so was punitive in nature and impermissible, the Indiana Court of Appeals reversed Wednesday.
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Justice Ginsburg to visit Notre Dame next month

August 30, 2016
IL Staff
United States Supreme Court Justice Ruth Bader Ginsburg is coming to the Notre Dame Law School next month, where she will talk with law students and speak at a public event.
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Judge: Lawyer must pay $22k in Indy skyline photo suit

August 30, 2016
Dave Stafford
A McCordsville lawyer and photographer who wrongly sued a man he claimed violated his copyright by posting a photo of the Indianapolis skyline on a website must pay more than $22,000 in legal fees, a federal judge has ruled.
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School asks high court to hear transgender bathroom case

August 30, 2016
 Associated Press
A Virginia school board urged the U.S. Supreme Court on Monday to weigh in on whether a transgender male must be allowed to use the boys bathroom at his high school, framing it as an issue of national importance.
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Man’s ineffective assistance of counsel claim fails in 7th Circuit

August 30, 2016
Jennifer Nelson
The habeas corpus petition by a prisoner at the Miami Correctional Facility was correctly denied in federal court, the 7th Circuit Court of Appeals held Monday. The man argued his appellate counsel provided ineffective assistance of counsel regarding his habitual offender adjudication.
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Amended Indiana Trial Rule 77 starts Thursday

August 30, 2016
IL Staff
Indiana Rules of Trial Procedure Rule 77 on court records has been amended to reflect updates in technology at the courts.
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IU Maurer, US Army team up on scholarship program

August 30, 2016
IL Staff
In what is believed to be the first partnership between the United States Army and a major law school, Indiana University Maurer School of Law announced Tuesday qualifying soldiers can receive a scholarship to attend the law school.
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Company barred from mentioning standard in negligence case

August 29, 2016
Jennifer Nelson
A company being sued for negligent design by a man who fell out of its utility truck bucket and became paralyzed may not mention a specific design standard at a new trial on the issue, the Indiana Court of Appeals ruled Monday.
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Death row inmate’s habeas petition denied by 7th Circuit

August 29, 2016
Jennifer Nelson
The man who brutally raped and murdered a teenager in Spencer County in 2001 will continue to sit on death row after the 7th Circuit Court of Appeals affirmed the denial of his petition for habeas corpus relief.
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Man’s sentence for body armor possession upheld

August 29, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the sentence for a convicted felon who was found wearing body armor after police pulled him over for traffic violations and fleeing officers.
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Ex-hospital security guard loses race discrimination appeal

August 29, 2016
Jennifer Nelson
A security guard at a Noblesville hospital was unable to prove to the 7th Circuit Court of Appeals his termination after slapping an autistic patient was based on his race.
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Spitting satisfies ‘fighting’ element of disorderly conduct statute

August 29, 2016
Jennifer Nelson
The Indiana Supreme Court Monday found that the term “fighting” in the disorderly conduct statute is ambiguous and only covers physical altercations, but still upheld a man’s conviction based on his spitting on his wife during an argument.
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Breach of contract suit to get new venue

August 29, 2016
Jennifer Nelson
A trial court should have granted the city of Lawrenceburg’s request to move a breach of contract lawsuit against it filed by Franklin County out of Franklin County, the Indiana Court of Appeals ruled Monday.
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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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