Courts

Justice Alito rallies conservatives in tribute to Scalia

November 17, 2016
 Associated Press
U.S. Supreme Court Justice Samuel Alito issued a rallying cry to conservatives Thursday in the wake of newfound strength following Donald Trump's election.
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Tow company that seized, sold cars loses injunction appeal

November 17, 2016
Dave Stafford
An Indianapolis towing company whose owner worked with bankruptcy lawyers to take possession of cars when a buyer defaulted and then resell dozens of them lost its appeal of an injunction blocking the practice and ordering the cars be returned to the lienholder.
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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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Lawsuit challenging cities' human rights ordinances stays in court

November 17, 2016
Olivia Covington
A Hamilton County judge has ruled that a lawsuit challenging the constitutionality of human rights ordinances in four Indiana cities can continue, despite the cities’ arguments that there was no legal standing to bring the suit.
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COA: Incest age defense can’t win post-conviction relief

November 17, 2016
Dave Stafford
A man convicted of incest for a consensual sexual relationship with his biological aunt couldn’t persuade the Indiana Court of Appeals that he was entitled to post-conviction relief. The man claimed ineffective assistance of counsel for failing to argue in his defense that the man’s aunt was older than 31.
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Appeals court blocks 'Making a Murderer' inmate's release

November 17, 2016
 Associated Press
A Wisconsin prison inmate whose case was featured in the Netflix series "Making a Murderer" will stay behind bars while state attorneys appeal a decision overturning his conviction, a panel of federal appellate judges ruled Thursday.
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Repairs means no holiday lights on county courthouse dome

November 17, 2016
 Associated Press
Repair work on the county courthouse dome in Lafayette means workers won't be able to string holiday lights this year.
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Justices dismiss ESPN suit, find Notre Dame police not public agency

November 16, 2016
Dave Stafford
Notre Dame Police are not a public agency, the Indiana Supreme Court ruled Wednesday, turning back a lawsuit from ESPN that sought records of the university police’s interactions with student athletes. The ruling means Indiana’s Access to Public Records Act does not apply to university police at private institutions.
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Wisconsin to appeal to feds over 'Making a Murderer' inmate

November 16, 2016
A federal judge told Wisconsin prison officials on Wednesday that they must release an inmate featured in the Netflix series "Making a Murderer" by Friday evening.
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Trump's path on health care law intersects with a lawsuit

November 16, 2016
 Associated Press
President-elect Donald Trump says he wants to preserve health insurance coverage even as he pursues repeal of the Obama-era overhaul that provided it to millions of uninsured people.
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Judge to mull latest request to delay Trump University trial

November 16, 2016
 Associated Press
A federal judge on Tuesday scheduled a hearing to consider President-elect Donald Trump's request to delay a civil fraud trial involving his now-defunct Trump University until after his inauguration on Jan. 20.
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Basketball player sues NCAA, Northwestern over transfer

November 16, 2016
 Associated Press
A Northwestern University basketball player is suing the school and the NCAA in federal court, claiming the association's transfer regulations violate antitrust laws.
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Sotomayor says nation 'can't afford to despair' over Trump

November 16, 2016
 Associated Press
U.S. Supreme Court Justice Sonia Sotomayor said Tuesday that Americans "can't afford to despair" in the wake of Donald Trump's election as president.
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Temporary judge appointed in Noble Superior Court

November 16, 2016
IL Staff
Due to Noble Superior Judge Michael J. Kramer’s election to circuit court in the county, the Indiana Supreme Court has appointed a judge pro tem in superior court.
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Marion County’s new electronic system speeds process for searches

November 16, 2016
Dave Stafford
Police working a crime scene who need a search warrant sometimes feel they can’t wait, but they often have no choice. For law enforcement agencies in Marion County, though, the wait is decreasing due to a new electronic system for requesting and approving search warrants.
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Justices weigh whether child abuse reporter can sue DCS for breach of confidentiality

November 16, 2016
Dave Stafford
A southern Indiana church van driver who suspected children to be in need of services due to dangerous living conditions in his small community followed the law requiring him to report his suspicions. He didn’t want to provide his name, but he did so after a Department of Child Services hotline worker assured him his identity would remain confidential, as the law also requires.
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Judges must balance timeliness rules with discretion

November 16, 2016
Olivia Covington
Recent decisions from the Indiana Court of Appeals have demonstrated the divide between statutory requirements and judicial discretion when it comes to motions filed after deadline.
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Hill wins AG race as voters retain 4 appellate judges

November 16, 2016
Dave Stafford
Elkhart County Prosecutor Curtis T. Hill Jr. sailed to a resounding victory in the Indiana attorney general race Nov. 8, and voters retained four Court of Appeals judges by wide margins.
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New resource gives access to troves of data measures on district court judges’ orders

November 16, 2016
Dave Stafford
Litigation Analytics, a product of Bloomberg Law, will tell you how long, on average, a judge takes to rule in an employment matter, what firms frequently appear in his or her courtroom, and his or her appeal outcomes.
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3 conservative groups challenge RFRA ‘fix,’ human rights ordinances

November 16, 2016
Olivia Covington
After a nearly 4½-hour hearing during which they argued the constitutionality of their local human rights ordinances prohibiting discrimination on the basis of sexual orientation, four Indiana cities are waiting to learn if a Hamilton Superior Court judge will dismiss a suit challenging the ordinances.
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Disciplinary Actions - 11/16/16

November 16, 2016
IL Staff
Read who has recently been suspended.
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Trump victory could imperil Roe v. Wade abortion ruling

November 15, 2016
 Associated Press
Roe v. Wade, the 1973 Supreme Court decision legalizing abortion nationwide, could be in jeopardy under Donald Trump's presidency. If a reconfigured high court did overturn it, the likely outcome would be a patchwork map: some states protecting abortion access, others enacting tough bans, and many struggling over what new limits they might impose.
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COA dismisses request to make trial court order final

November 15, 2016
The Indiana Court of Appeals has dismissed a mother’s request to characterize an order ending her parent-child relationship as a final order, writing that she still had to option of appealing the trial court’s decision through interlocutory appeal.
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COA upholds murder conviction after rejecting involuntary manslaughter appeal

November 15, 2016
Olivia Covington
The Indiana Court of Appeals has upheld a man’s murder conviction after rejecting his claim that the jury should have been instructed on an involuntary manslaughter charge because he did not intend to kill his victim when he was beating her.
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COA says golf cart use is par for the course during the game

November 15, 2016
Olivia Covington
A man’s negligence claim against a golf teammate who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior for participants in the sport.
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