Legal News

Appeals court strips grandmother’s visitation, cites grandchild’s adoption

February 6, 2015
Dave Stafford
An Indiana Court of Appeals panel Friday stripped a maternal grandparent of visitation rights, finding she had no standing to seek visitation. The parents of the child had divorced, and the father remarried shortly after the mother’s death.
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Gitmo’s future to be discussed at IU McKinney

February 6, 2015
Marilyn Odendahl
Guantanamo Bay and its long-term consequences will be examined during the annual symposium of the Indiana International and Comparative Law Review at Indiana University Robert H. McKinney School of Law.
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AG’s office offers guidance after Anthem hack

February 6, 2015
 Associated Press, IL Staff
As federal authorities continue to investigate a hack of Anthem databases storing identifying details including names, addresses and Social Security numbers of about 80 million customers, the office of Attorney General Greg Zoeller released the following consumer question-and-answer for affected Hoosiers.
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Bosma unsure about future of Sunday alcohol sales bill

February 6, 2015
 Associated Press, IL Staff
The leader of the Indiana House of Representatives isn’t making any predictions on the fate of a proposal to legalize Sunday carryout alcohol sales.
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Prosecutor: 50-plus warrants issued in Evansville meth ring

February 6, 2015
 Associated Press
Vanderburgh County Prosecutor Nicholas Hermann said federal arrest warrants have been issued for more than 50 people allegedly involved in a meth-trafficking ring that funneled the drug into the area from four other states.
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COA reverses confinement conviction, cautions prosecution on future statements

February 5, 2015
Dave Stafford
The Indiana Court of Appeals reversed a Lake County man’s Class B felony criminal confinement conviction because the trial court erred in admitting out-of-court statements by an alleged accomplice.
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Hamilton County establishing veterans court

February 5, 2015
Dave Stafford
A veterans court could be up and running in Hamilton County within 45 days after the county council on Wednesday approved startup funding.
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Anthem data breach already sparks class-action lawsuit

February 5, 2015
IBJ Staff, J.K. Wall
Less than 12 hours after Anthem Inc. reported hackers had stolen data on as many as 80 million current and former customers, Indianapolis attorney Irwin Levin already was preparing a class-action lawsuit against the company.
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7th Circuit affirms carjacking enhancement stemming from bank robbery

February 5, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals quickly dismissed a defendant’s argument that his sentence for bank robbery should not include a two-level sentence enhancement for carjacking because the keys to the car were obtained by rummaging through the victim’s purse and not through force or intimidation.
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7th Circuit stresses holding Pavey hearing separate from summary judgment hearing

February 5, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for the Indiana Department of Correction and its commissioner on a disabled inmate’s claims of violations of the Americans with Disabilities Act and the Rehabilitation Act. The judges also suggested that courts do not hold a Pavey hearing at the same time as a hearing on a motion for summary judgment.
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Defendant must try to prevent crime discovery for statute of limitations to toll

February 5, 2015
Jennifer Nelson
In dealing with an issue of first impression, the Indiana Supreme Court found a robbery charge should be dismissed because it was filed outside of the statute of limitations. The state argued the defendant had concealed evidence of the crime, thus tolling the five-year statute of limitations.
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IU Maurer teams up with 5 women’s colleges for scholarships

February 4, 2015
IL Staff
Indiana University Maurer School of Law announced Wednesday that it has established scholarship and mentoring programs for graduates of five liberal arts colleges for women.
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Majority finds no error regarding potential electronic monitoring

February 4, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that a trial court had improperly delegated to a community corrections program the authority to decide whether he should be subject to electronic monitoring.
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Second Harper Lee novel to be published in July

February 4, 2015
 Associated Press
Fans and followers of Atticus Finch rejoice. "To Kill a Mockingbird" will not be Harper Lee's only published book after all.
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Court rules in favor of hospital in contract dispute

February 4, 2015
Jennifer Nelson
A Lake County medical center prevailed in an appeal filed by the other party in a contract to provide anesthesiology services for patients. The Indiana Court of Appeals affirmed summary judgment in favor of the hospital on several breach of contract claims.
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Man’s conviction for murdering neighbor upheld

February 4, 2015
Jennifer Nelson
Citing a wide array of circumstantial evidence to support a Cass County man’s murder conviction in connection with his neighbor’s death, the Indiana Court of Appeals affirmed the conviction.
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Oden pleads guilty to battery in deal with prosecutors

February 4, 2015
 Associated Press
Former NBA No. 1 draft pick Greg Oden has struck a plea deal with prosecutors to settle battery charges involving a former girlfriend.
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Settlement reached in former IPFW chancellor's lawsuit

February 4, 2015
 Associated Press
Attorneys for Purdue University say the school has settled a federal lawsuit over the forced retirement of Indiana-Purdue Fort Wayne's former chancellor.
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Supreme Court seeks state funds for technology, access to courts

February 3, 2015
IL Staff
A group of four representatives of the Indiana Supreme Court explained to the House Ways & Means Committee Tuesday morning why the state should give the judiciary millions of dollars for court technology, access to courts and criminal code reform.
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Indiana will get share of $1.38B Standard & Poor’s settlement

February 3, 2015
IL Staff
A billion-dollar settlement stemming from allegations that Standard & Poor’s Financial Services LLC misled investors in the lead up to the 2008 financial crisis will net Indiana $21.5 million.
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Man’s criminal confinement conviction reversed, battery conviction reinstated

February 3, 2015
Jennifer Nelson
The Indiana Court of Appeals ordered a Class B felony criminal confinement conviction reversed based on insufficient evidence, but judges ordered a battery conviction previously dismissed over double jeopardy concerns reinstated.
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COA affirms father must pay $876 in child support to non-custodial parent

February 3, 2015
Jennifer Nelson
There was no error by a trial court when it ordered a father to pay his ex-wife, who is the non-custodial parent of their two children, nearly $900 a week in child support, the Court of Appeals affirmed Tuesday. The order and figure are supported by the Indiana Child Support Guidelines.
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Nominee for Southern District bench could be named by summer

February 3, 2015
Marilyn Odendahl
The vacancy on the U.S. District Court for the Southern District of Indiana could be filled by the end of the year, according to Indiana’s Democratic U.S. senator.
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COA reverses summary judgment in personal injury claim, abandons volunteer doctrine

February 3, 2015
Jennifer Nelson
A negligence case involving a Terre Haute HVAC business and a man injured while helping move a furnace will move forward now that the Indiana Court of Appeals has reversed summary judgment in favor of the company.
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COA reverses conviction based on unreasonable police search

February 3, 2015
Jennifer Nelson
A police officer had no reasonable suspicion to believe that a container found in a man’s pocket during an arrest held any illegal substances, the Indiana Court of Appeals ruled Tuesday. As such, it reversed his Class D felony possession of schedule III controlled substance conviction, ruling it violated the Indiana Constitution.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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