South Bend

COA affirms admission of 911 recording into evidence

July 25, 2017
Olivia Covington
The Indiana Court of Appeals affirmed Tuesday a woman’s conviction of misdemeanor criminal recklessness for firing a gun during an argument after the court determined the admission of a 911 call recorded during the incident was not an abuse of discretion.
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COA: Credit union did not have property right to flow of traffic on US 31

July 7, 2017
Olivia Covington
A federal credit union with a branch located in northern Indiana did not have a cognizable property right to the flow of traffic on U.S. 31 past its property and, thus, cannot claim the Indiana Department of Transportation committed inverse condemnation by refiguring that stretch of road, the Indiana Court of Appeals ruled Friday.
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Judgment for law firm in malpractice case reversed

May 31, 2017
Dave Stafford
A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.
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Legal malpractice arguments focus on whether crime victim lost settlement chance

May 31, 2017
Dave Stafford
Can agency immunity cover a lawyer's failure to file a tort claim notice and lawsuit?
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COA to hear legal malpractice appeal

May 12, 2017
IL Staff
A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.
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Indiana school district settles sex abuse case for $1.4M

March 24, 2017
 Associated Press
An Indiana school district has agreed to pay $1.4 million to settle a lawsuit over a former employee's sexual misconduct with a woman when she was a 15-year-old high school student.
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Justices seek to define ‘indisputably’ in K-9 case

January 19, 2017
Olivia Covington
After leading South Bend police officers on a five-minute vehicular chase through city streets, Royce Love eventually stopped his van and was ordered to exit it. Love’s account of what happened next varies significantly from the officers’ account, and that disparity was the main issue the justices of the Indiana Supreme Court sought to resolve when they heard arguments in the case Thursday.
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Justices to hear case of man convicted of mistreating police dog

December 12, 2016
IL Staff
The Indiana Supreme Court will decide if South Bend police officers unnecessarily deployed the use of Tasers and a police dog on a man stopped during a traffic pursuit after granting transfer in the case of a man convicted of mistreating K-9 officer.
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Ceremony honors graduates of St. Joseph County Veterans Treatment Court

November 30, 2016
Marilyn Odendahl
Six former military members graduated from the veterans court during a special ceremony Nov. 21 at the courthouse in South Bend. Judges, attorneys, relatives and other veterans watched as the group of men received certificates for completing the program and congratulatory handshakes from veterans court Judge Steven Hostetler.
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VA worker’s protective order against Marine reversed

November 22, 2016
Jennifer Nelson
A woman who worked at the Department of Veterans Affairs who obtained a protective order against a patient after he left four notes on her car didn’t prove that the Marine had stalked her and threatened her safety, the Indiana Court of Appeals ruled Tuesday.
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Felony conviction affirmed based on ‘into’ definition

November 17, 2016
Jennifer Nelson
A bullet that pierces a home’s siding is considered to be “into” the dwelling, the Indiana Court of Appeals decided Thursday in upholding a South Bend man’s criminal recklessness conviction.
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2 Notre Dame players may avoid jail for marijuana arrests

November 2, 2016
 Associated Press
Two Notre Dame football players arrested on marijuana charges may avoid jail time and criminal records after reaching plea bargains with prosecutors.
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Red Masses scheduled around Indiana

September 21, 2016
Marilyn Odendahl
Lawyers and judges around Indiana are preparing for Red Mass celebrations in their communities.
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Incoming ISBA president outlines plans to help legal profession adapt to changing marketplace

September 21, 2016
Marilyn Odendahl
Mitchell Heppenheimer’s agenda for his term at the helm is focusing on ways to help Hoosier lawyers be successful in the shifting landscape. In particular, he plans to launch a campaign to educate people on why they should turn to a lawyer for legal advice and that lawyers can be hired at reasonable prices.
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K-9 search turning up heroin in car sufficient for conviction

September 16, 2016
Dave Stafford
A South Bend man’s conviction of Level 6 felony possession of a narcotic was affirmed by the Indiana Court of Appeals Friday, which found the evidence was sufficient to support the jury’s verdict.
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Flood victims consider suing state, county and South Bend

September 9, 2016
 Associated Press
Flood victims in the South Bend area are considering filing a lawsuit against the state, county and city.
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COA reverses resisting law enforcement convictions based on video evidence

September 8, 2016
Olivia Covington
The Indiana Court of Appeals has overturned convictions of mistreatment of a law enforcement animal and resisting law enforcement after finding that law enforcement officers’ testimony in the case was in direct contrast to video evidence.
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Innocent pleas entered for 4 Notre Dame players, Redfield

August 30, 2016
 Associated Press
Not guilty pleas have been entered for two Notre Dame football players and a third kicked off the team following his arrest on misdemeanor charges of marijuana possession.
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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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7th Circuit takes detailed look at Title VII, sexual orientation claims

July 29, 2016
Jennifer Nelson
Noting the writing may be on the wall that people who bring sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964 should be protected, the 7th Circuit Court of Appeals was bound by precedent to deny a woman’s claim against Ivy Tech Community college in South Bend.
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South Bend releases diversity plan for hiring, promotions

July 19, 2016
 Associated Press
The city of South Bend has released a plan aimed at removing or reducing barriers to diversity and inclusion in hiring, career development and purchasing over the next three years. The plan will also help protect the city from future discrimination lawsuits.
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Man accused of threatening police before South Bend rally

July 11, 2016
Dave Stafford
Local and federal authorities in South Bend are seeking pre-trial detention of a man accused of making violent Facebook threats aimed at police before a peaceful Black Lives Matter rally that took place Saturday.
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Supreme Court hears arguments in threat case

June 30, 2016
Scott Roberts
The Indiana Supreme Court heard arguments Thursday morning on whether to grant transfer in a case on the question of whether an arrestee's statement could be considered a true threat because there is no evidence that the officer felt threatened by it.
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Obama commutes drug sentence of South Bend man

June 6, 2016
 Associated Press
President Barack Obama has commuted the 20-year sentence of a South Bend man imprisoned in 2004 after pleading guilty to federal drug-trafficking charges.
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Court of Appeals hears woman's appeal of feticide conviction

May 24, 2016
 Associated Press
Indiana appeals court judges grilled an attorney for the state Monday over whether there was evidence a woman found guilty of neglect and feticide in a self-induced abortion knew she had given birth to a live child.
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