Legal News

COA affirms setback distance for Eastern Indiana wind farm

February 14, 2017
Jennifer Nelson
The Indiana Court of Appeals on Tuesday upheld a Rush County zoning ruling requiring industrial wind turbines to be at least 2,300 feet from some people’s property lines. The judges emphasized that the zoning ordinances outline minimum distances and the zoning board is able to increase those distances when warranted.
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JQC holds that live-Tweeting is not ‘broadcasting’

February 14, 2017
Olivia Covington
The use of instant electronic communication such as Twitter in courtrooms is not considered broadcasting under the Code of Judicial Conduct, but judges still have the discretion to reasonably regulate the use of such communication in their courtrooms, the Indiana Commission on Judicial Qualifications has held.
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COA affirms termination of parental rights

February 14, 2017
Dave Stafford
The Indiana Court of Appeals rejected the arguments of a father with a history of domestic violence and other criminal convictions who said evidence was improperly admitted to terminate parental rights to his three daughters.
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COA allows Vectren to move forward with coal-powered plants project

February 14, 2017
Olivia Covington
An Indiana energy company can proceed with its plans to bring two of its coal-powered plants into compliance with federal emissions standards after the Indiana Court of Appeals rejected an appeal to force the company to build natural gas plants instead.
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COA throws out jury’s $550,000 defamation, blacklisting verdict

February 14, 2017
Dave Stafford
A jury’s $550,000 defamation and blacklisting verdict in favor of a former school athletic director in northwestern Indiana was overturned Tuesday by the Indiana Court of Appeals.
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7th Circuit rejects collateral attack

February 14, 2017
Olivia Covington
The 7th Circuit Court of Appeals has rejected a man’s petition for collateral relief based on ineffective assistance of counsel because the man failed to allege facts that proved his public defender did not provide proper counsel.
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US withdraws stay request in transgender bathroom case

February 13, 2017
 Associated Press
President Donald Trump's administration is stepping back from a request made by former President Barack Obama's administration in an ongoing lawsuit over bathroom rights for transgender students in public schools.
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7th Circuit affirms remand of veteran’s disability case

February 13, 2017
Olivia Covington
An Army National Guard veteran’s disability case is heading back to the Social Security Administration after the 7th Circuit Court of Appeals ruled Friday the veteran was not entitled to disability benefits based solely on the disability rating he received from the Department of Veterans Affairs.
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7th Circuit halts fraud restitution for ‘reckless’ Bank of America

February 13, 2017
Dave Stafford
Three defendants convicted of wire fraud in the purchase of 16 properties in Gary were clearly guilty of the crimes, but the 7th Circuit Court of Appeals Friday threw out a restitution order in favor of Bank of America and urged the district court in Hammond to consider fining the defendants instead.
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Supreme Court nominee has defended free speech, religion

February 13, 2017
 Associated Press
Supreme Court nominee Neil Gorsuch has been a defender of free speech and a skeptic of libel claims, an Associated Press review of his rulings shows. His record puts him at odds with President Donald Trump’s disdain for journalists and tendency to lash out at critics.
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Trump named as defendant in youths' climate lawsuit

February 10, 2017
 Associated Press
A group of youths who say the government has endangered their future with climate change has added President Donald Trump to the list of people and corporations they blame.
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Court denies motions attacking jury verdict for worker in wage suit

February 10, 2017
Dave Stafford
A federal judge Thursday rejected motions for judgment in its favor or a new trial by employers who lost a jury trial over unpaid wages to a Terre Haute worker.
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Justices deny transfer to child custody case

February 10, 2017
Olivia Covington
A divided Indiana Supreme Court has denied transfer to a Clark County custody case, though two justices suggested transfer was warranted because the Indiana Court of Appeals improperly reweighed evidence to reach its September decision.
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Trump travel ban on hold after appeals court rejection

February 10, 2017
 Associated Press
The legal fight over President Donald Trump's ban on travelers from seven predominantly Muslim nations is on hold after the 9th U.S. Circuit Court of Appeals declined to block a lower-court ruling that suspended the ban, allowing previously barred travelers to continue coming to the United States.
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Microsoft can pursue suit over US sneak-and-peek searches

February 9, 2017
 Bloomberg News
Microsoft Corp. persuaded a judge not to let the U.S. government out of a lawsuit alleging that clandestine interception of users’ emails on company servers violates its free-speech rights.
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Treatment center to offer substance-abuse education geared for lawyers

February 9, 2017
Dave Stafford
Recent studies showing disproportional rates of substance abuse among attorneys prompted Fairbanks Treatment Center to announce Thursday the advent of educational programs for people in the legal profession who may be at risk of alcoholism or drug addiction.
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COA overturns bestiality conviction based on confession

February 9, 2017
Olivia Covington
Although a Delaware County man admitted to sexually assaulting his roommate’s dog, the Indiana Court of Appeals overturned the man’s bestiality conviction Thursday because the prosecution failed to establish a corpus delicti.
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Prosecutor files charges against restaurant owners underreporting sales

February 9, 2017
Olivia Covington
The owners of five Mexican restaurants across Indiana who are accused of underreporting nearly $2 million in sales are now facing criminal charges in Marion Superior Court.
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Houchin to chair children’s commission in 2017

February 9, 2017
IL Staff
Indiana Sen. Erin Houchin, R-Salem, will chair the Commission on Improving the Status of Children this year, as the 20-member group set its first quarterly meeting for next Wednesday.
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7th Circuit affirms deferral on sentencing request

February 9, 2017
Olivia Covington
An Indiana federal judge appropriately deferred judgment on a convicted child molester’s request for concurrent state and federal sentences because the state court was presented with additional facts that were relevant to sentencing, the 7th Circuit Court of Appeals decided Wednesday.
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Man gets life for fatally shooting Indiana police officer

February 9, 2017
 Associated Press
A judge sentenced a man to life in prison without parole Wednesday for fatally shooting an Indiana police officer sitting in his patrol car.
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Judge affirms dead candidate winner in Allen County election

February 8, 2017
Jennifer Nelson
An Allen Superior judge decided Wednesday that the Republican candidate for an at-large seat on the Allen County Council who died four days before the General Election was properly left on the ballot and certified as a winner. The judge noted that Indiana Code doesn’t specifically address this unique situation.
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Man serving 2 life terms gets 50 years more in murder plot

February 8, 2017
 Associated Press
A man serving two life sentences for causing a massive Indianapolis house explosion has had 50 years added to his prison time for trying to have a witness killed.
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Justices hold mayor lacked authority to fire utilities superintendent

February 8, 2017
Olivia Covington
A divided Indiana Supreme Court held Wednesday that a mayor did not have statutory authority to terminate his city’s utilities superintendent, writing in an opinion that “may well offend sound public policy” that only the utilities board can terminate the superintendent with cause, notice and a hearing.
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COA affirms convictions of man involved in fatal police chase

February 8, 2017
Olivia Covington
The Indiana Court of Appeals upheld a man’s various drug, handgun and resisting law enforcement convictions Wednesday after holding that the man was aware of the contraband in his vehicle and that his operation of the vehicle resulted in a passenger’s death.
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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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