Legal News

Open government advocates find victory in Groth decision

January 25, 2017
Olivia Covington
Not much was changed in terms of government transparency when the Indiana Court of Appeals rejected former Gov. Mike Pence’s argument that the Indiana executive branch’s responses to open record requests are exempt from judicial review. But, according to open government advocates, that lack of change is actually a good thing.
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District court declines to stop Supreme Court disciplinary hearing

January 24, 2017
Olivia Covington
A federal judge has declined to intervene in an Indiana Supreme Court disciplinary proceeding against a northern Indiana attorney who claims he is being discriminated against in violation of the Americans with Disabilities Act.
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Supreme Court suspends attorney for misrepresentation, domestic battery

January 24, 2017
Olivia Covington
The Indiana Supreme Court has suspended from practice a Chicago attorney who misrepresented his abilities to a client and was convicted of battery against his wife.
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Birth certificate battle headed to 7th Circuit

January 24, 2017
IL Staff
Indiana’s battle over who can be listed on a birth certificate is headed for another round with the state filing an appeal of a federal court’s ruling that allows non-birth mothers to be listed on their children’s birth certificates.
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Common Cause Indiana opposes Sessions for attorney general

January 24, 2017
Marilyn Odendahl
Common Cause Indiana stepped into Sen. Joe Donnelly’s Indianapolis office Tuesday afternoon and turned over a petition with more than 4,000 signatures opposed to the nomination of Alabama Sen. Jeff Sessions for U.S. Attorney General.
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Lawmakers consider bill prohibiting misdemeanor sex-crime expungement

January 24, 2017
Olivia Covington
After a high school teacher in Bedford was convicted of a felony for maintaining a sexual relationship with his 17-year-old student, the teacher received alternative misdemeanor sentencing and, upon, successful completion of probation, had the sexual offense expunged from his criminal record.
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Justices take appeal from HHGregg managers denied bonus proceeds

January 24, 2017
Dave Stafford
The Indiana Supreme Court will hear a case weighing whether HHGregg senior managers are entitled to share in $40 million worth of life insurance proceeds from the 2012 death of then-executive chairman of the board Jerry Throgmartin.
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Judson honored with award for court administration

January 24, 2017
Olivia Covington
Former Indiana state court administrator Lilia Judson has been honored with an award recognizing her commitment to the administration of justice throughout the Indiana judiciary.
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Barker rules ballot photo ban unconstitutional

January 24, 2017
Olivia Covington
An Indiana law prohibiting voters from taking photos of their ballots for personal use is an unconstitutional violation of First Amendment rights, a district court judge has decided.
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COA: Company cannot withhold ‘voluntary’ deductions from ex-employee's pay

January 23, 2017
Olivia Covington
A plumbing and electrical company cannot impose “voluntary” tax deductions on a former employee’s final paycheck without statutory authority, nor can it force that employee to pay a $1,000 insurance deductible after an auto accident, the Indiana Court of Appeals held Monday.
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Court allows release of juvenile offender ID for HIV study

January 23, 2017
IL Staff
The Indiana Supreme Court has approved the release of identifying information of young offenders in juvenile courts, including full names and partial social security numbers, as part of a scholarly study into health care utilization and quality for juvenile offenders.
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COA: Trial court lacked jurisdiction to order BMV to act

January 23, 2017
Olivia Covington
The Indiana Court of Appeals found in favor of the Indiana Bureau of Motor Vehicles Monday after finding that a litigant’s failure to comply with the Administrative Order and Procedures Act left a trial court without jurisdiction to order the BMV to act on the litigant’s petition.
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Lawsuit: Trump businesses violate Constitution

January 23, 2017
 Associated Press
A lawsuit Monday alleged that President Donald Trump is violating the emoluments clause of the US Constitution that prohibits him from receiving money from diplomats for stays at his hotels or foreign governments for leases of office space in his buildings. The suit was filed by a legal watchdog group, but the language of the clause is disputed by some legal scholars, setting the stage for a court fight with the White House.
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Supreme Court rejects Texas appeal over voter ID law

January 23, 2017
 Associated Press
The Supreme Court of the United States on Monday rejected an appeal from Texas in its effort to restore its strict voter identification law, but the case could return to the court later.
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High court won’t hear ‘Sister Wives’ appeal over bigamy law

January 23, 2017
 Associated Press
The Supreme Court said Monday it won’t hear an appeal from the family on TV’s “Sister Wives” challenging Utah's law banning polygamy.
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Sexual assault nurse’s testimony qualifies under medical hearsay exceptions

January 20, 2017
Olivia Covington
A Huntington County man who molested his young relative cannot challenge the admission of the testimony of the nurse who examined the victim because the testimony qualified under the medical treatment exception to hearsay rules, the Indiana Court of Appeals decided.
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IMPD officer was qualified as an expert in stalking case

January 20, 2017
Olivia Covington
An Indianapolis Metropolitan Police Department sergeant was qualified as an expert to testify about Facebook records and digital trails that led to a man’s multiple convictions for felony stalking, the Indiana Court of Appeals decided Friday.
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Oakes to preside over Marion Superior Executive Committee

January 20, 2017
IL Staff
Marion Superior Civil Division 2 Judge Tim Oakes has been elected the presiding judge of the Marion Superior Executive Committee, which oversees the operation and conduct of the court.
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COA overturns judgment in favor of credit card debt collector

January 20, 2017
Olivia Covington
The Indiana Court of Appeals has reversed judgment in favor of a credit card debt collector after determining that the collector failed to establish that it owned the account it was trying to collect on.
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Former COO of health firm claims discrimination in firing

January 20, 2017
John Russell, IBJ Staff
A former executive at an Indianapolis-based chain of health clinics says he was fired because of his age, race and national origin, and in retaliation because he stood up for one of his female managers.
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Retiring Rucker says he’s no trailblazer, but urges diversity on court

January 19, 2017
Dave Stafford
As the first African-American to serve on the Indiana Court of Appeals and just the second on the Indiana Supreme Court, retiring Justice Robert Rucker said he doesn’t think of himself as a trailblazer, but he said it’s important the state’s high court look like the population of the state.
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Federal court expected to block Anthem-Cigna deal, report says

January 19, 2017
IBJ Staff
Anthem Inc. on Thursday said it was extending the termination date for its pending $54 billion merger with Cigna Corp.—a deal that is expected to be blocked by a federal judge, according to a new media report.
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Statute of limitations bars medical negligence case

January 19, 2017
Olivia Covington
After a dermatology appointment left a Marion County woman with facial discoloration that never went away as her doctor said it would, the woman sought damages in a negligence complaint. However, because she failed to prove that she “later learned” that her injury was worse than she thought, the Indiana Court of Appeals held that the woman’s claim cannot proceed in court because it was not timely filed.
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COA: Only property owned prior to final separation can be included in marital pot

January 19, 2017
Olivia Covington
Only property that is owned or acquired before the date a dissolution petition is filed in a divorce proceeding can be included in the marital pot, the Indiana Court of Appeals found Thursday in an opinion that overturned a lower court’s decision to include stock options vested after the date of a couple’s final separation in the marital pot.
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COA: Exigent circumstances justified warrantless search

January 19, 2017
Olivia Covington
An Indiana State Police detective did not violate a man’s constitutional rights when he searched a bag in the man’s vehicle without a warrant because there were exigent circumstances that made the warrantless search reasonable, the Indiana Court of Appeals held Thursday.
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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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