Courts

Suit rightly decided for IMPD detective, appeals court rules

March 17, 2016
Dave Stafford
A plaintiff who sought to sue an Indianapolis Metropolitan Police detective for alleged abuses related to a drug search failed to persuade the Indiana Court of Appeals that the officer could be held personally liable.
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Man gets to keep part of farming property

March 17, 2016
Scott Roberts
A man will get to keep part of his farming property after the Indiana Court of Appeals found appointing a commissioner for the property was an impermissible modification of his and his ex-wife’s divorce agreement.
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Shot officer’s suit against gun dealer splits COA

March 17, 2016
Dave Stafford
An Indianapolis Metropolitan Police Department Officer who was shot and wounded by a suspect he killed returning fire may proceed with his lawsuit against a gun dealer that sold the gun to a straw purchaser, the Indiana Court of Appeals ruled Thursday. The officer’s case is supported by law enforcement and public policy organizations.
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COA: 82-year-old can return home

March 17, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision by the Delaware Circuit Court that said an elderly woman needed 24-hour care supervision at a nursing facility and allowed her to return home after it found Adult Protective Services did not present sufficient evidence she was involved in a life-threatening emergency.
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Indiana Supreme Court hears lawmaker email case

March 17, 2016
 Associated Press
Lawyers for an open government group told the Indiana Supreme Court that lawmakers should be required to comply with the state's public records act.
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Barnes attorney worked with SCOTUS nominee on OKC bombing trials

March 17, 2016
 Associated Press, Marilyn Odendahl
When federal Judge Merrick Garland was tapped as the nominee for the Supreme Court of the United States, Indiana attorney Larry Mackey remembered his former boss as a “great guy.”
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Supreme Court: Evidence sufficient for murder convictions

March 17, 2016
Scott Roberts
The Indiana Supreme Court upheld a man’s convictions of four counts of murder and four life sentences without parole after it found evidence was sufficient to justify his convictions. The case went straight from trial court to the Supreme Court because of the life without parole sentences.
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Conour resentenced to 10 years, minus supervised release

March 16, 2016
Dave Stafford
A federal judge rejected ex-attorney and convicted fraudster William Conour’s bid to reduce his prison sentence Wednesday but lifted the condition of supervised release after he serves his time.
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COA: Attorneys can rely upon representations of other attorneys

March 16, 2016
Scott Roberts
The Indiana Court of Appeals reaffirmed a two-decades-old Indiana Supreme Court ruling, saying attorneys are entitled to rely upon the representations of other attorneys when it ruled on a case where a company was charged a higher price for a piece of property than it should have been because of the price the property’s attorney gave to the company.
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Family court programs receive funding

March 16, 2016
IL Staff
Nineteen counties will split more than $225,000 for family court projects, the Indiana Supreme Court announced Wednesday.
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Government seeking tougher sentence for Conour

March 16, 2016
Dave Stafford
Ex-attorney William Conour has argued he should be freed from his 10-year federal prison sentence, casting doubt in court filings on whether the multi-million-dollar fraud he pleaded guilty to was even a crime. The government counters that Conour’s lack of remorse justifies imposing a longer prison term when he is in court Wednesday for resentencing.
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7th Circuit: Woman has no claim for tortious interference

March 16, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld an Indiana Southern District Court ruling throwing out a woman’s suit against her employer because she failed to state a claim for tortious interference under Indiana law.
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Juror taint causes Supreme Court to reverse involuntary manslaughter convictions

March 16, 2016
Scott Roberts
The Indiana Supreme Court reversed a couple’s involuntary manslaughter convictions after it found an alternate juror improperly participated in the deliberations. The justices remanded the case to the trial court for a new trial.
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Obama nominates Judge Merrick Garland to Supreme Court

March 16, 2016
 Associated Press
President Barack Obama said Wednesday he would nominate appeals court judge Merrick Garland to the Supreme Court of the United States, urging Republicans to approve a long-time jurist and former prosecutor known as "one of America's sharpest legal minds."
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Supreme Court: COA erred in custody decision

March 15, 2016
Scott Roberts
The Indiana Supreme Court went against the Indiana Court of Appeals when it agreed with the trial court that a mother’s motions for custody modification and for contempt should be denied.
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EEOC settles disability complaint against Subway franchisee

March 15, 2016
IBJ Staff
The operator of five Subway restaurants in the Indianapolis area has agreed to pay $50,000 to settle a discrimination suit brought by the U.S. Equal Employment Opportunity Commission.
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COA: Firm has no private cause of action to gain back fees

March 15, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision that denied HealthPort’s motion for judgment against Garrison Law Firm LLC after it found Garrison did not have a private cause of action under Indiana law or Administrative Code.
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Northern District case filings plummet, federal courts report shows

March 15, 2016
Dave Stafford
Case filings in the U.S. District Court for the Northern District of Indiana fell 43.9 percent between 2014 and 2015, according to statistics released Tuesday in the 2015 Judicial Business of the United States Courts report.
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Appeals court rules Notre Dame police subject to APRA

March 15, 2016
Scott Roberts
The Indiana Court of Appeals ruled Tuesday the University of Notre Dame Police Department is a public agency under the Indiana Access to Public Records Act and is subject to APRA requests, overturning a trial court decision in St. Joseph Superior Court.
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IBM case still pending as Indiana court awaits new justice

March 15, 2016
 Associated Press
The upcoming retirement of one of Indiana's Supreme Court justices has legal observers speculating on when the court might rule in a long-running dispute over IBM Corp.'s failed attempt to privatize Indiana's welfare services.
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Regulations coming for lawsuit funding industry

March 14, 2016
Marilyn Odendahl
In the final hours of the 2016 legislative session, the Indiana General Assembly arrived at a compromise which, for the first time, will regulate companies that fund plaintiffs in civil lawsuits in Indiana.
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COA: Uninsured man can negotiate hospital bills

March 14, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision the state’s Hospital Lien Act allows an uninsured hospital patient to negotiate the terms of his contract with the hospital after a man was charged more than $600,000 for a nearly three-month stay.
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Disability denial reversed due to 'fatally weak testimony'

March 14, 2016
Dave Stafford
The latest in a string of appeals critical of the denial of Social Security disability benefits resulted in reversal of a ruling against the worker Monday. The 7th Circuit Court of Appeals held the district court's ruling affirming denial of benefits was “not a reasonable analysis of the plaintiff's claim.”
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Democrats won't challenge Young's candidacy in court

March 14, 2016
 Associated Press
Time is dwindling for opponents of U.S. Rep. Todd Young to challenge in court a deadlocked decision last month by the Indiana Election Commission that keeps Young on the ballot for U.S. Senate.
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GOP launches campaign to oppose Obama Supreme Court pick

March 14, 2016
 Associated Press
The Republican Party is launching a campaign to try to derail President Barack Obama's nominee to the Supreme Court, teaming up with a conservative opposition research group to target vulnerable Democrats and impugn whomever Obama picks.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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