Courts

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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Foreclosure suit alleges landscaping firm affiliate owes more than $6M on loan

January 20, 2017
Scott Olson, IBJ Staff
An affiliate of Indiana landscaping firm Mainscape Inc. has been hit with a foreclosure lawsuit claiming it owes more than $6 million on a building it owns in Indianapolis.
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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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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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Rush touts pro bono, partnerships in State of Judiciary

January 18, 2017
Olivia Covington
More than 7,000 Indiana attorneys donated more than 220,000 hours of pro bono service to Hoosiers in need last year, numbers Indiana Supreme Court Chief Justice Loretta Rush said reflect the state judiciary’s commitment to a collaborative approach to the practice of law.
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COA rejects woman’s claim that accident occurred outside chemical test period

January 18, 2017
A woman who drove drunk into a mobile home causing significant damage lost her appeal Wednesday after arguing the state’s blood draw occurred outside the three-hour window under statute and thus did not prove her blood alcohol level at the time of the accident.
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Judges affirm man’s handgun conviction

January 18, 2017
Jennifer Nelson
A Vanderburgh Circuit judge tendered a proper jury instruction on the charge of carrying a handgun without a license, the Indiana Court of Appeals held Wednesday in affirming a man’s conviction.
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Obama Supreme Court nominee returning to bench as judge

January 18, 2017
 Associated Press
U.S. Supreme Court nominee Merrick Garland is putting on his judge's robes again.
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Trial court erred in granting new trial in electrocution estate dispute

January 18, 2017
Dave Stafford
A trial court erred in ordering a new trial after a jury returned a general verdict in favor of the estate of an electrician who wired a barn where a teenager was electrocuted in 2010, the Indiana Court of Appeals ruled Wednesday.
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Trump meets with Supreme Court candidate

January 18, 2017
 Associated Press
President-elect Donald Trump has met with one of the judges on his short list for potential Supreme Court nominees, less than two weeks before he is expected to announce his choice for the nation's highest court.
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Judge approves $630M Rolls-Royce settlement over bribery probe

January 18, 2017
 Bloomberg News, IBJ Staff
A United Kingdom judge has approved a $630 million settlement between Rolls-Royce Holdings Plc and UK prosecutors, resolving a bribery probe spanning three decades of misconduct at the jet-engine maker.
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US judge OKs plan for Caesars' unit to exit $18B bankruptcy

January 18, 2017
 Associated Press
A federal judge gave the thumbs-up Tuesday to a plan to reorganize a subsidiary of casino giant Caesars Entertainment Corp., clearing the way for the operating unit to exit bankruptcy two years after filing for Chapter 11 protection with $18 billion in debt.
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Northeastern Indiana woman gets 20 years in son's death

January 18, 2017
 Associated Press
The mother of a northeastern Indiana boy whose body was found burned in a wooded area has been sentenced to 20 years in prison.
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Anti-death penalty protesters arrested outside US Supreme Court

January 17, 2017
 Associated Press
A Supreme Court of the United States spokeswoman says 18 demonstrators have been arrested outside the court during a protest against the death penalty.
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US Supreme Court hears case over deportations

January 17, 2017
 Associated Press
The Obama administration tried to persuade the Supreme Court of the United States Tuesday to retain a federal law that makes it easier to deport immigrants who have been convicted of crimes.
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Trial court abused discretion in ordering indigent juvenile to pay restitution

January 17, 2017
Olivia Covington
The Marion Superior Court erred when it ordered a juvenile delinquent to pay restitution to his theft victim after the court noted in its dispositional order that the juvenile offender was unable to pay, the Indiana Court of Appeals found Tuesday.
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Electronic copies of warrants are equal to paper copies

January 17, 2017
Olivia Covington
An electronic version of a signed search warrant is legally considered the equivalent of a paper warrant, the Indiana Court of Appeals has held, so a man’s constitutional rights were not violated when an officer drew his blood after showing him only a photo of a warrant in an email.
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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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