Courts

Split COA affirms northern Indiana utility rate increase

June 20, 2017
Olivia Covington
A northern Indiana utility company can increase its rates after a divided Indiana Court of Appeals held Tuesday that the Indiana Utility Regulatory Commission followed the appropriate statutory guidelines in approving the rate hike.
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Treble damages upheld in stepmother’s conversion of safe deposit box funds

June 20, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a determination that a northern Indiana woman illegally converted the funds in the safe deposit box her husband shared with his adult children and that the children are entitled to treble damages.
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Public outcry may be able to keep offensive trademarks at bay

June 20, 2017
Marilyn Odendahl
While Monday’s decision from the Supreme Court of the United States that barred the federal government from asserting which names are offensive has been viewed as a victory for the Washington Redskins, a high school in northern Indiana may provide an example of what the eight justices were trying to accomplish.
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Court must revisit issue of prospective juror’s demeanor in Batson challenge

June 20, 2017
Olivia Covington
The Marion Superior Court must revisit the issue of whether a prospective juror’s body language made his dismissal appropriate after the Indiana Court of Appeals decided Tuesday it would be inappropriate to credit the state’s assertion without findings that the dismissal was not based on race.
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High court strikes down extension of community caretaking role to non-vehicle searches

June 20, 2017
Olivia Covington
The Indiana Supreme Court on Tuesday struck down a portion of an Indiana Court of Appeals opinion that extended the law enforcement community caretaker role beyond questions regarding seizures of a vehicle. The justices did affirm the man's cocaine conviction, however, finding his constitutional arguments failed. 

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Putnam County officer to be resentenced again for excessive use of force

June 20, 2017
Olivia Covington
A Putnam County law enforcement officer who used excessive force against compliant arrestees must return to district court for a second resentencing after the 7th Circuit Court of Appeals determined the district court, once again, failed to adequately justify its imposition of a below-guidelines sentence.
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Goff joining Indiana Supreme Court July 24

June 19, 2017
IL Staff
A temporary replacement for the judge of the Wabash Superior Court has been appointed as current Judge Christopher Goff prepares to step down from the trial court bench and transition to the Indiana Supreme Court next month.
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US high court curbs suits against companies in Plavix case

June 19, 2017
 Bloomberg News
The U.S. Supreme Court gave companies a new tool to defeat some legal claims, siding with Bristol-Myers Squibb Co. in a bid to limit a consumer lawsuit in California over its Plavix blood thinner.
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COA: County entities did not owe duty under foreseeability analysis

June 19, 2017
Olivia Covington
A southern Indiana county and its parks and recreation and health departments did not owe a duty to a man who contracted a deadly infection while at a county park, the Indiana Court of Appeals held Monday, reversing the denial of summary judgment to the governmental entities.
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SCOTUS takes on fight over partisan electoral maps

June 19, 2017
 Associated Press
The Supreme Court of the United States is taking on a case about partisan advantage in redistricting that could affect elections across the United States.
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Justices say law on offensive trademarks is unconstitutional

June 19, 2017
 Associated Press
The U.S. Supreme Court on Monday struck down part of a law that bans offensive trademarks, ruling in favor of an Asian-American rock band called the Slants and giving a major boost to the Washington Redskins in their separate legal fight over the team name.
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Justices deny transfer to malpractice suit against Barnes & Thornburg

June 19, 2017
Olivia Covington
The Indiana Supreme Court will not consider the issue of whether Indiana’s largest law firm was properly granted summary judgment in a legal malpractice suit, denying transfer to a case that raised concerns about attorneys’ ability to indemnify themselves against malpractice allegations.
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Indiana woman wins prison release in fatal injection case

June 19, 2017
 Associated Press
A central Indiana woman who admitted giving her chronically ill mother a fatal injection of a painkiller has won release from prison.
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Indianapolis seeks submissions for criminal justice center services

June 16, 2017
Hayleigh Colombo, Indianapolis Business Journal
The Indianapolis Bond Bank is looking for firms interested in working on the city’s new criminal justice center — from providing civil engineering services to mechanical, electrical and plumbing work.
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Train museum to file lawsuit against area authorities as Nickel Plate fight continues

June 16, 2017
Lindsey Erdody, Indianapolis Business Journal
The Indiana Transportation Museum announced Friday morning that it plans to file a federal lawsuit against area government entities and authorities in regards to their ongoing battle over the Nickel Plate Railroad.
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Suit alleging Kroger stores didn’t collect sales tax reverts to state court

June 16, 2017
Dave Stafford
A Fort Wayne attorney’s lawsuit alleging Kroger stores in Indiana have for years knowingly failed to collect and remit state sales tax on hundreds of non-exempt food items and other goods will be heard in state court after a judge denied the grocers' bid to transfer the suit to federal court.
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Arguments Thursday in drug case near park with no equipment

June 16, 2017
Olivia Covington
The Indiana Supreme Court will hear arguments next week on whether children were reasonably expected to be playing at a park with no playground equipment or trees, the central question that must be answered to determine if a man should be convicted of cooking meth within 500 feet of the park.
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Woman who sent texts urging suicide guilty of manslaughter

June 16, 2017
 Associated Press
A woman who sent her boyfriend a barrage of text messages urging him to kill himself when they were both teenagers was convicted Friday of involuntary manslaughter.
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Tax Court rules for State Revenue Department in assessment case

June 16, 2017
Olivia Covington
The Indiana Tax Court has granted summary judgment to the Indiana Department of State Revenue after finding the department’s proposed assessments of a northern Indiana heating equipment manufacturer were not void as a matter of law.
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7th Circuit orders new hearing in Marion County wrongful-detention suit

June 16, 2017
Olivia Covington
The issue of the certification of two subclasses of inmates who allege they were wrongfully detained for unconstitutional periods of time is back before a district court after the 7th Circuit Court of Appeals ruled the court erred in initially denying class certification.
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Justices question teen's LWOP sentence at oral arguments

June 15, 2017
Olivia Covington
In Indiana, only five juveniles have been sentenced to life without parole. Now, the fate of the fifth juvenile rests with the justices of the Indiana Supreme Court, who must decide whether the teen’s act of shooting and killing another 17-year-old rises to a level of offense that warrants spending the rest of his life behind bars.
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Judge faces legal quagmire in teen texting suicide trial

June 15, 2017
 Associated Press
A juvenile court judge now finds himself at the center of a legal quagmire: Should he set a legal precedent in Massachusetts by convicting young woman of manslaughter for encouraging another teen to take his own life through dozens of text messages? Or should he acquit her and risk sending a message that her behavior was less than criminal?
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Judge hears arguments in suit challenging new Indiana abortion law

June 14, 2017
Olivia Covington
Planned Parenthood of Indiana and Kentucky argued before a federal judge Tuesday that portions of the state’s new parental notice requirements are unconstitutional and place an undue burden on minors seeking abortions.
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ILS project aims to help tenants avoid eviction

June 14, 2017
IL Staff
Indiana Legal Services Inc. has launched a pilot program in Indianapolis specifically to help individuals and families facing eviction.
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Health chief, 4 others charged with manslaughter in Flint

June 14, 2017
 Associated Press
Five people, including the head of Michigan's health department, were charged Wednesday with involuntary manslaughter in an investigation of Flint's lead-contaminated water, all blamed in the death of an 85-year-old man who had Legionnaires' disease.
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  2. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  3. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  4. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

  5. State's rights, civil rights and human rights are all in jeopardy with Trump in the WH and Sessions running Justice.

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