Legal News

COA rejects ineffective counsel claim based on judge’s sentencing practices

March 15, 2017
Olivia Covington
A man who pleaded guilty to child molesting cannot prove that he received ineffective assistance of trial counsel, the Indiana Court of Appeals held Wednesday, but the post-conviction court must still address the issue of whether his plea was voluntary.
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Judicial Conference recommends new judgeship for Indiana’s Southern District

March 15, 2017
IL Staff
A new permanent judgeship for the U.S. District Court for the Southern District of Indiana is among the Judicial Conference of the United States’ recommendations to Congress for the creation of nearly five dozen new judgeships across the country.
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Woman may amend tortious interference claim against Allison Transmission

March 15, 2017
Olivia Covington
A woman who alleges that an Indianapolis company contributed to her employment termination may continue her defamation claim against the company and amend her tortious interference claim pursuant to Indiana trial rules, the Indiana Court of Appeals has ruled.
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Supreme Court seeks feedback on proposed rules amendments

March 15, 2017
IL Staff
The Indiana Supreme Court is seeking feedback on proposed changes to judicial rules from Hoosier legal professionals and members of the public.
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Admission and discipline rules amended to allow temporary law licenses

March 15, 2017
IL Staff
A recent amendment to Indiana Rules for Admission to the Bar and the Discipline of Attorneys has created a new pathway for attorneys admitted to practice in other states to gain a temporary law license in Indiana.
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Suspended judge gets probation for shoving police chief

March 15, 2017
 Associated Press, IL Staff
A suspended eastern Indiana city court judge has been placed on probation for shoving a police chief who also is his nephew.
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Police chasing thousands of tips in killing of 2 girls

March 15, 2017
 Associated Press
A month after two teenage girls were found slain after vanishing during a northern Indiana hiking trip, investigators said Tuesday they continue following up on thousands of tips that have led officers to interview more 300 people for possible involvement in the case.
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Murder charges dropped against Gary woman after years in jail

March 15, 2017
 Associated Press
Charges have been dropped against a Gary woman who has been in jail for more than four years accused of arranging the death of a business associate.
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Indiana man accused of spreading HIV sentenced to prison

March 15, 2017
 Associated Press
A Terre Haute man accused of spreading HIV has been ordered to serve 20 years in prison.
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ACLU suing state of Indiana in Lawrenceburg discrimination case

March 14, 2017
Olivia Covington
The American Civil Liberties Union of Indiana is suing the Hoosier state for disability discrimination, the most recent piece of litigation in a lawsuit stemming from a donated piece of land in Lawrenceburg.
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Justices uphold St. Joseph County foreclosure

March 14, 2017
Olivia Covington
The Indiana Supreme Court has ruled in favor of a mortgage company that foreclosed on a St. Joseph County couple’s home, holding that although the couple’s personal liability was discharged under Chapter 7 liquidation, the lien on the property was still an enforceable action.
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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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