Legal News

COA orders post-conviction court to reduce criminal confinement sentence

March 14, 2017
Olivia Covington
A man who pleaded guilty to criminal confinement will have his sentence reduced by eight years after the Indiana Court of Appeals held Tuesday that his trial attorney’s erroneous counsel led the man to make the decision to reject a previous plea agreement.
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Trial court must reconsider convicted murderer’s PCR petition

March 14, 2017
Olivia Covington
A convicted murderer facing life without parole in Franklin County is getting a second chance at post-conviction relief after the Indiana Court of Appeals found Tuesday the trial court did not consider all the post-conviction claims properly before it.
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Notre Dame, McKinney up, Maurer down in US News rankings

March 14, 2017
Marilyn Odendahl
Although deans consistently disparage the annual rankings, the U.S. News & World Report’s 2018 Best Law Schools may have given Indiana University Robert H. McKinney School of Law reason to cheer.
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Obama’s final year: US spent $36 million in records lawsuits

March 14, 2017
 Associated Press
The Obama administration in its final year in office spent a record $36.2 million on legal costs defending its refusal to turn over federal records under the Freedom of Information Act, according to an Associated Press analysis of new U.S. data that also showed poor performance in other categories measuring transparency in government.
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City sues drugmaker for letting OxyContin flood black market

March 14, 2017
 Associated Press
As deaths from painkillers and heroin abuse spiked and street crimes increased, the mayor of Everett, Washington, took major steps to tackle the opioid epidemic devastating this working-class city north of Seattle. He sued the maker of OxyContin.
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Tight budgets could complicate Sessions’ vow to fight crime

March 14, 2017
 Associated Press
Attorney General Jeff Sessions is promising his Justice Department will lead the charge in helping cities fight violent crime, and police chiefs are ready with their wish lists. But the federal law-enforcement agencies could receive less funding in a budget plan to be introduced Thursday.
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Few clues on how Gorsuch would vote on immigration

March 14, 2017
 Associated Press
If Neil Gorsuch wins confirmation to the Supreme Court, he could cast the deciding vote on President Donald Trump’s travel ban against immigrants from certain countries. But it's far from certain how he would vote.
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District court tosses transgender man’s name-change suit

March 13, 2017
Olivia Covington
A district court judge has dismissed a suit brought against former Indiana Gov. Mike Pence and other state officials by a transgender man who claims his non-citizen status prohibits him from legally changing his name to match his gender identity.
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COA reinstates father’s parental rights, terminates mother's

March 13, 2017
Olivia Covington
The Indiana Court of Appeals has allowed a Huntington County father to retain his parental rights to his son but terminated the mother’s parental rights after finding that she has not remedied the circumstances that led to her son’s removal from her home.
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Court must reconsider sanction for probation violations

March 13, 2017
Olivia Covington
An Indiana trial court must revisit the sanction it imposed pursuant to an agreement on a Washington County woman who violated her probation. The Indiana Court of Appeals held Monday that the trial court had discretion to determine what the appropriate sanction should be.
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COA upholds child molesting convictions

March 13, 2017
Olivia Covington
The Indiana Court of Appeals upheld a Marion County man’s various convictions for child molesting Monday, finding that the testimony of a pediatrician who examined the victim did not constitute vouching testimony.
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Capp praised for work in U.S. Attorney’s Office

March 13, 2017
Marilyn Odendahl
David Capp, who stepped down as U.S. Attorney for the Northern District of Indiana over the weekend, is being remembered as a lawyer’s lawyer who was loyal and had a clear sense of right and wrong.
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7th Circuit rules for CSX in landowner suit

March 13, 2017
Olivia Covington
The 7th Circuit Court of Appeals has ruled against a Roachdale couple’s claims against CSX Transportation Company after finding that CSX has not lost its easement to a portion of its railroad track adjacent to the couple’s property.
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Gorsuch might be tough to predict on criminal justice cases

March 13, 2017
 Associated Press
During a decade on the federal appeals court in Denver, Supreme Court nominee Neil Gorsuch has raised concerns about intrusive government searches and seizures that he found to violate constitutional rights. He generally has ruled against defendants appealing their convictions and those who claim they received unfair trials. But he also has warned in writings and speeches about the danger of having too many criminal laws on the books.
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Strip club operator accused of exploiting dancers

March 13, 2017
 Associated Press
A Colorado company that owns over a dozen strip clubs around the country, including in Indianapolis, is facing a federal lawsuit over allegations that it exploited its dancers by requiring them to pay fees in order to work.
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Floyd County seeks to settle jail lawsuit for $1.23M

March 13, 2017
 Associated Press
A southern Indiana county has proposed settling a federal class action lawsuit alleging inhuman conditions at its jail for $1.23 million.
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Indiana lawmakers weigh banning so-called sanctuary campuses

March 13, 2017
 Associated Press
As universities across the U.S. grapple with whether to adopt policies intended to protect students in the country without legal permission, Indiana lawmakers are weighing a proposal that would ban so-called sanctuary campuses.
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Western Indiana police get training on handling mentally ill

March 13, 2017
 Associated Press
Police officers in Terre Haute are among those taking a weeklong Crisis Intervention Training Program organized by local and state organizations to build stronger relationships between law enforcement, mental health agencies and the local chapter of National Association of Mental Illness.
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Judges uphold dismissal of motion to set aside dissolution decree

March 10, 2017
Olivia Covington
The Indiana Court of Appeals has rejected a LaPorte County man’s appeal of the dismissal of his motion to set aside a dissolution decree, finding he did not follow the proper procedure to have his motion heard.
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COA denies rehearing in Lake Michigan public trust case

March 10, 2017
Dave Stafford
The Indiana Court of Appeals won’t rehear its Dec. 7 decision finding that the public trust doctrine controls the shore of Lake Michigan between the ordinary high- and low-water marks, allowing people to walk the shore.
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COA affirms summary judgment to GEICO in parking lot altercation

March 10, 2017
Olivia Covington
Summary judgment was properly granted to an insurance company that declined to cover the cost of a judgment entered against one of its clients because the client did not have an “active relationship” with the insured vehicle at the time of the incident, the Indiana Court of Appeals held Friday.
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Trial court had no statutory authority to impose second public defender fee

March 10, 2017
Olivia Covington
The Marion Superior Court abused its discretion in imposing a second supplemental public defender fee on an indigent litigant because it lacked statutory authority to impose the fee, the Indiana Court of Appeals ruled Friday.
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COA orders transfer of state habeas petition to Monroe County

March 10, 2017
Olivia Covington
The Henry Circuit Court must transfer a man’s petition for writ of state habeas corpus to Monroe County, where the man was convicted, after the Indiana Court of Appeals held Friday that Indiana Post-Conviction rules require the petition to be considered in the conviction court.
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7th Circuit affirms denial of insurance coverage to Carmel communications group

March 10, 2017
Olivia Covington
The 7th Circuit Court of Appeals has ruled in favor of insurers who denied coverage to a Carmel-based communications company, finding that the communications group’s claims were properly denied and that it cannot split its claims against the insurers through two separate lawsuits.
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US House passes bill to restrict legal claims against companies

March 10, 2017
 Associated Press
The U.S. House has approved a bill that would make it harder for individuals or groups to bring legal claims against companies in consumer disputes, employment discrimination cases and other areas.
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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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