Courts

COA affirms attorney fees in frivolous suit challenging Logansport P3 deal

March 2, 2015
Jennifer Nelson
A woman’s lawsuit that claimed the city of Logansport had to pass an ordinance formally adopting the Public-Private Agreements Act before entering into a P3 deal was frivolous and in bad faith, thus justifying the award of attorney fees to the city, the Court of Appeals affirmed.
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Zoeller asks justices to uphold ‘Spice’ law COA struck down

March 2, 2015
Dave Stafford
Indiana’s ‘Spice’ law that a pair of divided Court of Appeals panels ruled unconstitutional last month should be reinstated, Attorney General Greg Zoeller argues in briefs asking the Indiana Supreme Court to review the decisions.
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Chronic litigator’s suit seeking $3 trillion tossed with warning

March 2, 2015
Dave Stafford
A federal judge has had about enough from a litigant who has brought so many frivolous lawsuits that he may be barred from filing future complaints.
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Woman may pursue negligence claim against pharmacist

March 2, 2015
Jennifer Nelson
The Indiana Court of Appeals sidestepped the question of whether a previous decision is valid when determining that a woman who brought a medical malpractice claim against a hospital can pursue a negligence claim against the hospital’s pharmacist. The plaintiff did not present that negligence claim before the medical review panel.
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Applications open to replace Friedlander on Court of Appeals

March 2, 2015
Dave Stafford
Qualified applicants interested in being considered for a pending vacancy on the Indiana Court of Appeals may apply online through April 27.
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Justices reverse grant of motion to suppress based on pat-down search

March 2, 2015
Jennifer Nelson
In a 4-1 decision Monday, the Indiana Supreme Court ruled it is not inherently coercive for police to give conditional permission to step out of a vehicle during a traffic stop, subject to the motorist’s consent to a pat-down search.
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Nurse who survived Ebola sues Dallas hospital system

March 2, 2015
 Associated Press
A 26-year-old nurse who contracted Ebola while caring for the first person in the U.S. diagnosed with the deadly disease has filed a lawsuit against the parent company of the Dallas hospital where she worked.
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Military judge orders overseer of Gitmo cases replaced

March 2, 2015
 Associated Press
A military judge is ordering the Pentagon to replace the overseer of war crimes tribunals at Guantanamo Bay, Cuba.
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Wife wins appeal of division of marital estate

February 27, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a wife in a divorce proceeding that the trial court erred in how it calculated and divided the marital estate. The lower court incorrectly attributed the value of Florida real estate to the wife’s share of the marital pot as well as failed to credit her for paying the parties’ tax debt.
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Search of home of man in community corrections based on reasonable suspicion

February 27, 2015
Jennifer Nelson
A trial court acted within its discretion in admitting evidence seized from a man’s home, the Indiana Court of Appeals held Friday. The police search was justified by reasonable suspicion that the man engaged in criminal activity and a search condition contained in his agreement with community corrections.
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Because enhancement vacatur altered sentence, COA vacates plea agreement

February 27, 2015
Jennifer Nelson
Because removing a defendant’s habitual offender enhancement altered the sentence the parties had bargained for, the Indiana Court of Appeals ordered the trial court to vacate the entire plea agreement.
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Elkhart teens try to convince justices to revisit felony murder statute

February 26, 2015
Marilyn Odendahl
An Indiana statute and a 16-year-old Indiana Supreme Court decision interpreting that statute are under review as three teenagers serving 45-year sentences asked the justices to overturn their convictions for felony murder.
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Treatment facility sufficiently showed man was a danger to others

February 26, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s 90-day involuntary commitment in a mental health facility because the treatment facility presented sufficient evidence that the man posed a substantial risk of harming others and was therefore dangerous.
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Ex-Chandler commission member’s lawsuit continues after COA ruling

February 26, 2015
Jennifer Nelson
The member of a town’s advisory plan commission who was appointed to a four-year term, then unanimously recalled, will be allowed to go forward with his lawsuit stemming from his removal, the Indiana Court of Appeals ruled.
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Justices: Fisherman is off the hook in grouper-tossing case

February 26, 2015
 Associated Press
A Florida fisherman convicted of tossing undersized grouper off his boat is off the hook after a divided Supreme Court ruled Wednesday that he should not have been ensnared by a law targeting accounting fraud.
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Grant of judicial review following license suspension reversed

February 26, 2015
Jennifer Nelson
Because an Indiana driver did not take advantage of an available statutory method for challenging the suspension of her license before filing a petition for judicial review, the Court of Appeals reversed the grant of judicial review that ruled in her favor.
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COA ruling revives non-union subcontractor’s Antitrust Act claim

February 26, 2015
Jennifer Nelson
A non-union subcontractor presented evidence establishing a genuine issue of material fact that the company awarded a contract to build a new school violated Indiana’s Antitrust Act by unlawfully restraining open and free competition for the public project, the Court of Appeals held Thursday.
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Lack of post-verdict motion dooms fired employee’s appeal

February 26, 2015
Jennifer Nelson
The 7th Circuit court of Appeals quickly affirmed a jury verdict against a former employee in the Lake County Auditor’s Office who claimed she was unlawfully terminated for political reasons. The ex-employee failed to file any post-verdict motions, a necessary first step for the appeals court to review the case.
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COA interprets Uniform Premarital Act for first time

February 26, 2015
Jennifer Nelson
A premarital agreement entered into by a pregnant teenage girl and her future husband who was twice her age was unconscionable when the agreement was executed in 1995, the Indiana Court of Appeals held Thursday in an issue of first impression.
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Ex-con tells judge he robbed bank to get sent back to prison

February 26, 2015
 Associated Press
An ex-convict who robbed a bank hoping he'd be sent back to prison told an Indiana judge he wanted to plead guilty only if he received the maximum 8-year sentence.
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Allen County seeks to fill upcoming magistrate vacancy

February 25, 2015
Jennifer Nelson
The Allen Superior Court is conducting a statewide search to replace retiring Magistrate Judge Jerry Ummel. The court hopes to have the new magistrate on the bench in late April.
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Marion County small claims court bill passes Senate

February 25, 2015
Dave Stafford
A proposal that would leave the long-criticized Marion County township small claims courts intact with modest changes has cleared the Indiana Senate. The bill would raise the limit on disputes from the current $6,000 to $8,000.
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COA rules lack of probable cause for warrant makes evidence inadmissible

February 25, 2015
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that a probable cause affidavit allowing police to search the home of a man suspected of manufacturing methamphetamine did not establish a confidential informant’s credibility and lacked probable cause. The majority also concluded that the good-faith exception would not be applicable in David Cartwright’s case.
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Inmate entitled to hearing on damages following public records request

February 25, 2015
Jennifer Nelson
A Marion County court should have considered a Department of Correction inmate’s claims for civil penalties and court costs against the DOC instead of dismissing the case after the DOC produced the public records the inmate sought, the Court of Appeals ruled.
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COA affirms cutting off mother’s communication with daughter

February 25, 2015
Jennifer Nelson
The court record is replete with evidence supporting a juvenile court’s decision that a teenage girl would be better off if communication and visits with her mother were terminated, the Indiana Court of Appeals held Wednesday. The girl, in foster care, often had detrimental visits with her mother.
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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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