Oral arguments

Indiana argues it may discriminate in some court services

April 7, 2017
Dave Stafford
A deputy attorney general argued the state may discriminate in providing certain court services as Indiana appealed a ruling that a deaf man was discriminated against when Marion Superior Court denied him an interpreter for a mandatory mediation.
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COA to hold oral arguments at Valparaiso

April 3, 2017
IL Staff
The Indiana Court of Appeals “Appeals on Wheels” program will take the state’s second-highest court to Valparaiso this week.
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Notre Dame law students slated to argue before military appellate court

March 30, 2017
IL Staff
Two Notre Dame Law School students will get the opportunity to argue before an international appellate court when the U.S. Court of Appeals for the Armed Forces hosts oral arguments at the school next week.
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Sales of Polar Pure brings forfeiture dispute to US Supreme Court

March 28, 2017
Marilyn Odendahl
The Supreme Court of the United States will enter the debate over civil forfeiture Wednesday when the eight justices consider whether the government can seize property from a convicted co-conspirator who did not receive any of the profits from the criminal transactions.
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High court struggles over hospital pension dispute

March 27, 2017
 Associated Press
The Supreme Court of the United States is struggling over whether some of the nation's largest hospitals should be allowed to sidestep federal laws protecting pension benefits for workers.
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4th Amendment seizure case goes to Supreme Court

March 24, 2017
Olivia Covington
It was a high-crime area, he was wearing the color associated with a local gang, and police believed he was a juvenile who was truant from school. Given those circumstances, state officials argued before the Indiana Supreme Court Thursday that officers were justified in stopping 18-year-old Jordan Jacobs and arresting him after discovering an handgun in his pocket.
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Parties urge justices to take med-mal case to provide clarity

March 24, 2017
Olivia Covington
A medical malpractice case on petition to transfer before the Indiana Supreme Court had both the appellants and appellees urging the justices Thursday to take their case.
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Justices consider ‘grossly disproportionate’ standard in civil forfeitures

March 23, 2017
Olivia Covington
The U.S. Supreme Court established a standard nearly 20 years ago for determining when the punitive nature of a civil forfeiture has surpassed a reasonable limit: if the forfeiture is “grossly disproportionate” to the criminal conduct in question.
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Fitness to parent raised in man’s fatal neglect appeal

March 22, 2017
Dave Stafford
A man whose 4-month-old son died of malnutrition asked an appeals court to consider whether he was mentally capable of caring for the child while also invoking the jury’s right to question witnesses in contesting his conviction and 37-year sentence.
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Northwest Indiana lawyers ready to welcome Supreme Court

March 8, 2017
Marilyn Odendahl
When the Indiana Supreme Court arrives in Gary for oral arguments Thursday, the legal community in Northwest Indiana will be offering a special welcome for the justices and in particular, its favorite son, Justice Robert Rucker.
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Tax Court returns to IU Maurer for hearing in new CVS case

March 6, 2017
IL Staff
The Indiana Tax Court will return to Bloomington this week to hear another case involving the Monroe County Assessor and the CVS Corporation.
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Justices consider whether arrest after filing can halt expungement

March 2, 2017
Dave Stafford
Indiana Supreme Court justices focused on the phrase “upon receipt” in analyzing whether an expungement must be granted to a qualified petitioner. But they also puzzled over whether the Legislature would have intended the second-chance statute to extend to people who have subsequent run-ins with the law.
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Supreme Court sets argument at Rucker’s high school

March 1, 2017
IL Staff
One of Justice Robert Rucker’s final arguments as member of the Indiana Supreme Court will be a Lake County case heard at his high school alma mater in Gary.
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COA to hear right-to-work case at IU Maurer

March 1, 2017
IL Staff
A panel of the Indiana Court of Appeals will hold oral arguments in a case involving Indiana’s controversial right-to-work law at the Indiana University Maurer School of Law this week.
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Justices question meaning of EBITDA in HHGregg manager bonus case

February 23, 2017
Olivia Covington
After a key member of HHGregg’s leadership team died in 2012, his $40 million life insurance policy was paid out to the company and brought that year’s total earnings to $143.5 million. Now, senior managers on the HHGregg team say they should receive bonuses based on the total 2012 earnings, claiming that the life insurance policy propelled the company to an earnings level that warranted extra compensation for their work.
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Supreme Court hears Spirited Sales liquor wholesaling case

February 23, 2017
Olivia Covington
The fate of Spirited Sales LLC’s liquor wholesaling license is in the hands of the Indiana Supreme Court as the justices consider whether allowing the company to keep its permit would enable its parent company, Monarch Beverage Co., to gain an unlawful monopoly in the alcohol wholesaling business.
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Supreme Court to hear HHGregg, managers’ incentive fight

February 22, 2017
Dave Stafford
The Indiana Supreme Court will hear a case Feb. 23 in which a trial court and the Indiana Court of Appeals reached opposite conclusions about whether key HHGregg managers were entitled to incentive bonuses triggered by the company’s receipt of $40 million from an executive’s life insurance proceeds.
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Justices consider life without parole sentence in Richmond Hill appeal

February 16, 2017
Olivia Covington
As the Indiana judicial system enters its fifth year of prosecuting individuals involved in the deadly 2012 Richmond Hill home explosion in Indianapolis that killed two and damaged dozens of homes, one of the leading culprits is asking the Indiana Supreme Court to reconsider his sentence for his role in the deaths.
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Tax Court to hear arguments at IU Maurer

February 8, 2017
IL Staff
The Indiana Tax Court is taking its oral arguments on the road and heading to Bloomington this week.
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COA considers new allegations in medical malpractice cases

February 8, 2017
Olivia Covington
Can parties present evidence or theories at trial that were not presented to the medical review panel?
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Justices seek to define ‘indisputably’ in K-9 case

January 19, 2017
Olivia Covington
After leading South Bend police officers on a five-minute vehicular chase through city streets, Royce Love eventually stopped his van and was ordered to exit it. Love’s account of what happened next varies significantly from the officers’ account, and that disparity was the main issue the justices of the Indiana Supreme Court sought to resolve when they heard arguments in the case Thursday.
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US Supreme Court hears case over deportations

January 17, 2017
 Associated Press
The Obama administration tried to persuade the Supreme Court of the United States Tuesday to retain a federal law that makes it easier to deport immigrants who have been convicted of crimes.
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Justices consider ‘reasonable suspicion’ standard in gun tip case

December 15, 2016
Olivia Covington
The Indiana Supreme Court heard arguments Thursday as to whether officers acting on a tip had reasonable suspicion to question and arrest a man in a movie theater lobby for having a gun without a license.
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Justices consider cellphone data in 4th Amendment case

December 14, 2016
Olivia Covington
Is the act of turning on a cellphone a voluntary agreement to share that data, or do consumers have a right to privacy of the location information collected from their personal devices? The justices of the Indiana Supreme Court heard legal arguments on both sides of that issue during oral arguments in a case on Dec. 8.
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Justices weigh cellphone data privacy rights in 4th Amendment case

December 8, 2016
Olivia Covington
When people turn on their cellphones, they have a general understanding that some data regarding their whereabouts will be collected. But if a person does not know the extent to which that data is collected, then can the court say that such data was voluntarily released by the person, or is there an expected right to privacy?
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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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