Courts

COA upholds conviction, trims sentence in heroin case

May 18, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man's conviction but reduced his sentence for dealing heroin even though he didn't actually participate in the transaction in one of the counts.
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Judge dismisses sludge lawsuit against Terre Haute

May 18, 2016
 Associated Press
A federal judge has dismissed a lawsuit that alleged the city of Terre Haute and its officials defaulted on an agreement to take out water from waste and use the sludge to make fuel.
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Teen courts across northwest Indiana dole out justice

May 18, 2016
 Associated Press
The Teen Court program in Lake County, along with others in northwest Indiana, gives teens an alternative to the traditional trajectory of juvenile justice. The program uses a novel approach in which a jury of teens decides the punishment for peers who are diverted from the juvenile justice system.
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Slaughter moves from arguing high-profile cases to judging them

May 18, 2016
Dave Stafford
New Indiana Supreme Court Justice Geoffrey Slaughter brings an impressive resume and a wealth of experience, but he acknowledges a couple of learning curves ahead.
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Surgery centers sue No.1 insurer UnitedHealthcare

May 18, 2016
Dave Stafford
Several Indiana surgery centers are suing the nation's largest health insurance company, claiming it violated state and federal law by failing to pay for services the centers' doctors provided to patients. In a similar lawsuit against the insurer, a key dispute is what the word "pay" means.
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Statewide crisis of CHINS stretches judicial resources

May 18, 2016
Marilyn Odendahl
The increase in filings of juvenile children in need of services petitions across the state has been growing steadily since 2011 but ballooned to 14,227 in 2014 and could likely top 17,500 for 2015.
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Rucker likely to leave Supreme Court in 2017

May 18, 2016
Dave Stafford
Justice Robert Rucker, a Gary native appointed to the court by Democratic Gov. Frank O'Bannon in 1999, will turn 70 in January. Rucker informally has informed lawyers and judges he intends to retire from the court sometime next year in order to begin a dialog among those who may consider serving on the court.
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Disciplinary Actions - 5/18/2016

May 18, 2016
IL Staff
Read who resigned and who the Indiana Supreme Court recently suspended.
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Indiana Supreme Court establishes new committee for civil legal aid

May 17, 2016
Marilyn Odendahl
In an amendment to the Indiana Rules of Professional Conduct, the Indiana Supreme Court is revamping its response to civil legal aid.
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2 at IPS accused of not reporting sex abuse get diversion

May 17, 2016
 Associated Press
Two Indianapolis Public Schools officials charged with not immediately notifying authorities of sexual abuse allegations against a former counselor have agreed to enter pretrial diversion programs.
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7th Circuit: Man not eligible for sentence reduction

May 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a prisoner is not subject to a sentencing reduction after it ruled an amendment that decreased the recommended penalties for the crimes he committed did not allow for a reduction.
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Insurer who paid wrong party doesn’t have to pay correct one

May 17, 2016
Scott Roberts

The 7th Circuit Court of Appeals affirmed summary judgment for an insurance company that acknowledged paying a death benefit to the wrong party but successfully argued that the proper recipient waived its right to the proceeds by allowing the wrong party to claim the money.

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COA: Evidence obtained during welfare check is admissible

May 17, 2016
Scott Roberts

The Indiana Court of Appeals ruled evidence from a search where police officers went into a house without a warrant to check on the children was valid evidence at trial and affirmed denial of a woman’s motion to suppress.

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Donnelly, Coats pleased nomination hearing set for Ong

May 16, 2016
Marilyn Odendahl
Indiana Senators Joe Donnelly and Dan Coats are applauding the U.S. Senate Judiciary Committee's decision to consider the nomination of Hoosier Winfield D. Ong for the federal bench.
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Appraiser has no duty of care to real estate seller

May 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.
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Justices deadlock 2-2 on transfer in two cases

May 16, 2016
Scott Roberts
The Indiana Supreme Court deadlocked on one case after oral arguments and denied transfer to another after a 2-2 vote in the court's list of transfer dispositions for the week ending May 13. The split vote in the absence of a fifth justice reinstates rulings of the Indiana Court of Appeals.
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Justices give win to Internet site in false data case

May 16, 2016
 Associated Press
The Supreme Court says an Internet search site that posted false information about people can be sued only if the errors caused actual harm.
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High court sides with Ohio in debt collection dispute

May 16, 2016
 Associated Press
A unanimous Supreme Court says a pair of Ohio law firms did not use illegal tactics when they sent out debt-collection letters on stationery bearing the name of the state attorney general.
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Supreme Court avoids major ruling in birth control dispute

May 16, 2016
 Associated Press
The Supreme Court rid itself Monday of a knotty dispute between faith-based groups and the Obama administration over birth control. The court asked lower courts to take another look at the issue in a search for a compromise.
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Vanderburgh work release program takes on new direction

May 16, 2016
 Associated Press

Since July 2015 the Vanderburgh County work release program has undergone a metamorphosis under a cooperative agreement between the sheriff's office and the county's treatment courts. That is when Superior Judge Wayne Trockman and Circuit Court Judge David Kiely took over daily operations and rechristened it Therapeutic Work Release to reflect its new focus on rehabilitation.

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NCAA asks US Supreme Court to hear O’Bannon case

May 16, 2016
 Associated Press
The NCAA is asking the U.S. Supreme Court to hear the so-called O’Bannon case that successfully challenged the association's use of names, images and likenesses of college athletes without compensation.
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Illinois turf company disputes Westfield's lawsuit

May 13, 2016
Lindsey Erdody, IBJ Staff
The out-of-state turf company that Westfield is suing for unsatisfactory work at Grand Park Sports Campus is disputing the lawsuit, arguing the city wrongfully terminated its contract.
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COA: Lack of release advisement was harmless error

May 13, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court’s failure to advise a man of his possible release dates was harmless error and affirmed his sentence for two felonies.
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Southern District proposes mandatory pro bono

May 13, 2016
Dave Stafford
A proposed rule change would for the first time obligate lawyers to provide mandatory pro bono service to litigants in civil cases filed in the U.S. District Court for the Southern District of Indiana, the court announced Friday.
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Indiana man charged with threatening Trump on YouTube

May 13, 2016
 Associated Press
A southern Indiana man has been charged with making threats against Republican presidential candidate Donald Trump and members of his family in a YouTube video.
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  1. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  2. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  3. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  4. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  5. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

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