Legal News

COA affirms woman in same-sex relationship legal parent of child

August 15, 2016
Jennifer Nelson
The Indiana Court of Appeals on Monday affirmed a trial court’s conclusion that a lesbian couple who entered into a registered domestic partnership in California should be treated like married spouses. As such, the judges affirmed the award of joint legal custody and parenting time to the non-biological parent after the couple broke up.
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Prosecutors appeal 14-month sentence for ex-Indiana deputy

August 15, 2016
 Associated Press
Federal prosecutors are asking an appeals court to order a stiffer sentence for a former central Indiana sheriff's deputy convicted of civil rights violations.
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IU McKinney launching Child Advocacy Law Clinic

August 15, 2016
IL Staff
Students at Indiana University Robert H. McKinney School of Law will have the opportunity to work with Marion County’s Child Advocates starting this fall when the new Child Advocacy Law Clinic opens.
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Sides in Russell estate case seeking settlement

August 15, 2016
Jared Council, IBJ Staff
Attorneys in the estate case of deceased Celadon Group Inc. co-founder Steve Russell say they're hashing out a settlement, a move that would cease the high-profile wrangling over his $31 million estate and curtail estate losses from legal fees.
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Man loses challenge to robbery being a violent felony under ACCA

August 15, 2016
Jennifer Nelson
A man serving 15 years for drug and gun charges thanks to three prior convictions of robbery in Indiana could not convince the 7th Circuit Court of Appeals that robbery under Indiana law involving only the fear element isn’t a violent felony under the Armed Career Criminal Act.
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Emails heat up lawsuit over sale of Pacers stake

August 15, 2016
Greg Andrews, IBJ Staff
Attorneys for the IRS have gotten their hands on an email that appears to buttress their case that Herb Simon received a sweetheart deal when he acquired his ailing brother Mel’s 50 percent ownership in the Indiana Pacers in early 2009, just a few months before Mel died at age 82.
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Sandusky denies at appeals hearing that he molested boys

August 12, 2016
 Associated Press
Jerry Sandusky took the stand Friday to forcefully deny the child molestation charges he was convicted of four years ago and said it wasn't his idea to waive his right to testify during his 2012 trial.
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7th Circuit: Defendants didn’t prove dismissal for forum non conveniens

August 12, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered an Indianapolis federal court to take another look at a case involving a Canadian resident who sued moving companies for destroying his property he attempted to move from India to St. John’s, Canada.
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Trial delayed for southern Indiana man accused of killing woman

August 12, 2016
 Associated Press
The trial of a southern Indiana man accused of killing his former girlfriend and eating some of her internal organs has been pushed back to June 2017.
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Rush: Chemistry among justices to remain intact with Slaughter

August 11, 2016
Jennifer Nelson
The necessary team chemistry required for the Indiana Supreme Court to function properly appears to remain intact with the appointment of Geoffrey Slaughter to the bench, Chief Justice Loretta Rush said Thursday during his investiture ceremony.
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Judge delays trial on HIV charges over delayed discovery

August 11, 2016
 Associated Press
A man in western Indiana accused of intentionally spreading HIV for more than a decade was ordered released Thursday, and a judge also delayed his trial until February because some documents and witnesses were not shared with the defense sooner.
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Legislative panel on judiciary to discuss LGBT civil rights

August 11, 2016
Dave Stafford
"Civil rights issues related to gender identity and sexual orientation” is the lone subject on the agenda for the Interim Study Committee on Courts and the Judiciary’s initial meeting on Aug. 30.
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Inmate suit alleging no water for 10 days proceeds

August 11, 2016
Dave Stafford
An inmate who claims corrections officers at Westville Control Unit refused to provide him water for 10 days in December 2015 may proceed with his suit against them alleging cruel and unusual punishment, a federal judge ruled.
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Couple sues, claims neighborhood unsafe with Pokemon gamers

August 11, 2016
 Bloomberg News
Wahby Park in St. Clair Shores, Michigan, used to be a quiet spot for a dozen or so residents to go for a stroll around sunset. Then came hundreds of smartphone-wielding, garden-stomping Pokemon players.
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Metal processor entitled to equipment, consumption exemptions

August 11, 2016
Jennifer Nelson
The Indiana Tax Court found Wednesday that an Illinois corporation that processes scrap steel is entitled to two exemptions under Indiana Code related to its sales and use taxes owed.
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Majority: Attempt to collect stale debt not deceptive

August 11, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals was divided Wednesday over whether debt collectors violated the Fair Debt Collection Practices Act when they attempted to collect stale debts in Chapter 13 bankruptcy proceedings.
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6 years after finding flaws in disability benefits case, 7th Circuit remands again

August 10, 2016
Jennifer Nelson
Fifteen years after a woman first applied for disability benefits based on degenerative disk disease, obesity, depression, and other ailments, she continues to fight the denial of benefits by the Social Security Administration. On Tuesday, the 7th Circuit Court of Appeals ordered the SSA take another look at her case, the second time it has done so.
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Former Ivy Tech prof may ask 7th Circuit to rehear sexual orientation discrimination suit

August 10, 2016
Marilyn Odendahl
The 7th Circuit Court of Appeals has granted a former Ivy Tech Community College adjunct professor, who claims she was passed over for promotions based on her sexual orientation, an extension of time to file a petition for rehearing and rehearing en banc.
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Judge sets November hearing on Indiana abortion mandate

August 10, 2016
 Associated Press
A federal judge has set a November hearing on Planned Parenthood's bid to block a new Indiana mandate that women undergo an ultrasound at least 18 hours before having an abortion.
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Judge rejects Durham’s bid to dismiss SEC civil suit

August 10, 2016
Dave Stafford
Ponzi scheme operator Tim Durham has failed to persuade a federal judge to dismiss the government’s civil action against him and other convicted accomplices.
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Federal court: Disbarred lawyer can’t seek judgeship

August 10, 2016
Dave Stafford
A disbarred Goshen lawyer who wanted to run for judge of Elkhart Circuit Court got nowhere trying to convince a federal judge he was wrongly denied the opportunity.
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Judge denies Blagojevich's bid to lighten 14-year sentence

August 10, 2016
 Associated Press
A federal judge refused Tuesday to lighten Rod Blagojevich's original 14-year prison sentence for corruption, rejecting pleas for lenience by the now white-haired former Illinois governor who attended the resentencing hearing by video from a Colorado prison a thousand miles away.
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Lawsuit planned by fans over called-off Hall of Fame game

August 10, 2016
 Associated Press
Several fans who traveled to Canton, Ohio, for the National Football League Hall of Fame game that was canceled on Sunday night because of poor field conditions are planning to sue the NFL and the hall.
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Technology lets lawyers pursue practices with no need to hit ‘print’

August 10, 2016
Dave Stafford
The paperless office has been an aspirational goal for many businesses including law firms for years. Advocates point to studies that say going paperless can increase efficiency by 25 to 50 percent and slash a law firm’s budget for paper, printers, printer cartridges and other traditional paperbound office supplies.
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Fitness trackers add to flood of digital evidence in courts

August 10, 2016
Marilyn Odendahl
The law surrounding the information is still evolving, particularly in the area of privacy and Fourth Amendment rights. Civil, but more likely criminal, attorneys will be handling digital evidence more and more especially as law enforcement increasingly relies on technology to track suspects and link them to crimes.
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