Courts

Plea agreement provision ‘constitutionally suspect,’ COA finds

July 8, 2016
Jennifer Nelson
A man who had taken steps to prepare for home detention but was committed for mental health reasons when he was to report to community corrections should not have been ordered to serve his sentence in the Department of Correction, the Indiana Court of Appeals ruled Friday.
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Lack of evidence divides judges on false claims suit

July 8, 2016
Jennifer Nelson
Based on the evidence presented before it on a False Claims Act lawsuit brought by a labor union, the 7th Circuit Court of Appeals decided to affirm summary judgment in favor of the union member’s company. But the dissenting judge believed the record required remand for a trial.
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Continuous crime doctrine requires reversal of 2 domestic battery convictions

July 8, 2016
Jennifer Nelson
Because the evidence showed a man’s acts of domestic violence against his now ex-wife constituted a single transaction for purposes of the continuing crime doctrine, the Indiana Court of Appeals reversed two of the man’s three convictions.
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Supreme Court creates Tax Court Advisory Committee

July 8, 2016
IL Staff
The Indiana Supreme Court has established a committee to work with the Tax Court to implement reforms and recommendations from a task force created to examine the Tax Court.
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Anderson man indicted on fraud charges

July 7, 2016
IL Staff
A former Indiana Department of Correction officer has been indicted by a federal jury for committing wire fraud and making false declarations in a federal lawsuit.
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Former mayor's stepdaughter gets home detention for theft

July 7, 2016
 Associated Press
A federal judge has sentenced the stepdaughter of a former northwestern Indiana mayor to six months of home detention followed by two years on probation for embezzling funds from a city court.
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Pete Rose sues former baseball investigator over rape claims

July 7, 2016
 Associated Press
Former baseball star Pete Rose on Wednesday sued the lawyer whose investigative report got him kicked out of baseball for gambling, alleging the lawyer defamed him last year by saying on the radio that Rose raped young teen girls during spring training.
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Conour defender asks off case, cites ‘near adversarial relationship’

July 7, 2016
Dave Stafford
A federal public defender representing former attorney William Conour has asked the 7th Circuit Court of Appeals to remove her “due to the near adversarial relationship now existing between attorney and client.”
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Planned Parenthood challenges new pre-abortion ultrasound law

July 7, 2016
Dave Stafford
A new Indiana law requiring women to have an ultrasound 18 hours before an abortion is being challenged in court by Planned Parenthood of Indiana and Kentucky.
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Charleston church shooting suspect wants federal case dismissed

July 6, 2016
 Associated Press
Dylann Roof's defense team is challenging the constitutionality of the federal hate crimes law, a legal longshot they say they'll drop if prosecutors agree not to pursue the death penalty in the killings of nine people inside a South Carolina church.
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Hearing for wannabe Islamic State fighter moved again

July 6, 2016
 Associated Press
An 18-year-old Indiana man accused of trying to travel overseas to join the Islamic State militant group has had his detention hearing moved for a second time.
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Unlicensed social worker must answer accused molester’s questions

July 6, 2016
Jennifer Nelson
The Indiana Court of Appeals ruled Wednesday that an unlicensed social worker who provided services to the victim of a man accused of molestation is not protected under the counselor/client privilege in I.C. 25-23.6-6.1. As a result, the woman must answer four questions her attorney previously advised her not to answer.
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Personalized medicine gets boost from court ruling on patents

July 6, 2016
 Bloomberg News
The business of diagnostic treatments and personalized medicine got a boost Tuesday after an appeals court made it harder to invalidate certain patents by claiming they simply cover laws of nature.
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Wells Fargo’s partial tax victory may spur billions in refunds

July 6, 2016
 Bloomberg News
Wells Fargo & Co. got less than it wanted in a federal tax-refund lawsuit, yet the bank’s partial victory may spur billions of dollars in similar refund claims from companies that have done repeated mergers and acquisitions, tax lawyers say.
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Indiana Supreme Court takes dispute between ESPN and Notre Dame

July 5, 2016
IL Staff
The Indiana Supreme Court will decide whether the police records of University of Notre Dame Police Department are subject to the state’s Access to Public Records Act. The justices accepted transfer to the dispute between ESPN and Notre Dame last week.
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Delays mount at State Department for Clinton records

July 5, 2016
 Associated Press
Just five months before the presidential election, the State Department is under fire in courtrooms over its delays in turning over government files related to Hillary Clinton's tenure as secretary of state.
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COA affirms excess damages award in med-mal case

July 5, 2016
Jennifer Nelson
Based on the evidence before it, a trial court correctly awarded a man $300,000 in excess damages from the Indiana Patient’s Compensation Fund after an Indianapolis hospital missed the signs he was having a stroke, the Indiana Court of Appeals held Tuesday.
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Former day care worker to appeal child porn sentence

July 5, 2016
 Associated Press
A 22-year-old Indiana man is appealing his conviction and prison sentence in a case alleging he took explicit photographs of a 4-year-old girl at a day care where he worked.
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Lawyer loses appeals over Indy skyline photo

July 5, 2016
Dave Stafford
An Indianapolis lawyer who defendants call a copyright troll lost his appeals against three people who successfully defended against his suits over use of one of his photos.
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Justices remove Dreyer from State v. IBM case

July 5, 2016
Dave Stafford
The Indiana Supreme Court on Tuesday removed the judge who has presided for six years over the litigation between the state and IBM over the failed $1.3 billion welfare-modernization contract.
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Builder, trade groups sue Greenwood over new design standards

July 5, 2016
IBJ Staff
An Indianapolis-based home builder and two trade associations have filed a lawsuit against Greenwood, claiming the city has adopted architectural standards on new houses that will drive up prices so significantly that the costs would preclude home ownership for thousands of residents.
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Robber’s use of debit card is forgery, COA affirms

July 1, 2016
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that he couldn’t be convicted of forgery under Indiana law because using his robbery victims’ ATM cards did not qualify as “uttering a written instrument.”
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COA reverses lifetime sex offender registration, upholds ban from school property

July 1, 2016
Jennifer Nelson
The Indiana Court of Appeals agreed with a man challenging his lifetime registration as a sex offender that the law as applied to him violates the Indiana Constitution’s prohibition against ex post facto laws. But he lost a similar challenge to the unlawful-entry statute that prohibits him from entering school property.
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Stricken Indiana abortion law ‘unprecedented,’ opponents say

July 1, 2016
Dave Stafford
Indiana’s strict anti-abortion legislation that Gov. Mike Pence signed this year was “unprecedented” in scope and in its rejection of long-established federal law, said opponents who succeeded in blocking the law from taking effect.
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Judge grants e-liquid maker temporary restraining order in vaping case

July 1, 2016
Hayleigh Colombo, IBJ Staff
One scorned e-liquid manufacturer will get a short reprieve from Indiana’s new vaping laws, which effectively shut many players out of the market when the laws took effect Friday.
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