Legal News

Indiana gets $12.7M in Moody’s inflated-ratings settlement

January 16, 2017
 Associated Press, IL Staff
Indiana will receive $12.77 million from Moody’s Corp., which has agreed to pay nearly $864 million to settle federal and state claims it gave inflated ratings to risky mortgage investments in the years leading up to the financial crisis.
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GOP leaders pledge vape law overhaul, subject of FBI probe

January 16, 2017
 Associated Press
Republican legislative leaders say they want to unwind stiff regulations they imposed on Indiana’s vaping industry, which created a stranglehold on the burgeoning market for one company and prompted an FBI investigation.
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Southern Indiana courts see rise in heroin, meth sentences

January 16, 2017
 Associated Press
Recently released court statistics show a growing percentage of prisoners sentenced for federal drug crimes in southern Indiana are heroin offenders.
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Camm prosecutor reprimanded for book deal

January 13, 2017
IL Staff
The Indiana Supreme Court has imposed a public reprimand against a Floyd County prosecutor charged with violations of three Professional Conduct Rules after he failed to recuse himself from a case he planned to write a book about.
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Justices weigh confidentiality for unlicensed social workers

January 13, 2017
Olivia Covington
The justices of the Indiana Supreme Court are deciding whether they should answer the legal question of whether communications with an unlicensed social worker are considered privileged and confidential.
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6 hate crime bills introduced at Statehouse

January 13, 2017
Marilyn Odendahl
Once again, a handful of Indiana lawmakers and community organizations are trying to get hate-crime legislation through the Statehouse and onto the governor’s desk.
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COA affirms rulings in division of military pension

January 13, 2017
Dave Stafford
A man who sought to void trial court orders that granted his ex-wife a portion of his military pension lost his interlocutory appeal Friday.
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Delinquency affirmed as COA tosses timeliness appeal

January 13, 2017
Dave Stafford
The Indiana Court of Appeals Friday rejected an argument that a juvenile delinquency case should have been dismissed because a fact-finding hearing wasn’t conducted within 60 days of the delinquency petition.
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Divided COA: Man can't use RFRA to avoid taxes

January 13, 2017
Olivia Covington
A divided Indiana Court of Appeals ruled Friday that a Marion County man cannot avoid paying income taxes using a religious freedom defense, with the majority writing that the controversial Religious Freedom Restoration Act allows for the collection of taxes in the furtherance of a compelling government interest.
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Nearly 150 inmates not fingerprinted in Tippecanoe County

January 13, 2017
 Associated Press
Prosecutors in Tippecanoe County said they've determined nearly 150 former inmates need to be fingerprinted after glitches with the jail's fingerprint machine. The county now is trying to track those people to obtain the required prints.
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Man wanted in '99 abduction, sex assault caught in Oregon

January 13, 2017
 Associated Press
A man wanted in the 1999 abduction and sexual assault of a 10-year-old girl in southern Indiana has been arrested in Oregon.
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Policy: Mishawaka police can buy, use own body cameras

January 13, 2017
 Associated Press
The northern Indiana city of Mishawaka has a new policy that allows police officers to wear body cameras if they purchase the equipment themselves.
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Watchdog probe to bring new scrutiny for FBI's Comey

January 13, 2017
 Associated Press
FBI Director James Comey, already under fierce public scrutiny for his handling of the election-year probe of Hillary Clinton, faces a new internal investigation into whether he and the Justice Department followed established protocol in the email server case.
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Lilly shares rise after Alimta cancer drug patent upheld

January 13, 2017
 Bloomberg News
Eli Lilly and Co. won an appeals court ruling Thursday that upheld the validity of a patent for its lung cancer drug Alimta, helping shares rise by almost 3 percent.
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Link between addiction, criminal justice discussed with legislators

January 12, 2017
Olivia Covington
In Indianapolis, a person is more likely to die from a drug-related incident than a car crash. This and other drug-related facts where shared with the members of the Indiana House Courts and Criminal Code Committee at a meeting Wednesday. Representatives from the state’s judicial branch were invited to share progress and their concerns regarding Indiana criminal code reform with lawmakers.
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Justices consider PCR waiver in death penalty case

January 12, 2017
Olivia Covington
After a public defender failed to secure a statutorily required signature on Kevin Isom’s petition for post-conviction relief, Isom, a convicted murderer who has been sentenced to death, lost confidence in his legal team. He refused to provide his signature after the error was discovered, vowing not to sign unless he was appointed new counsel.
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Senate committee extends for $1 pro bono filing fee

January 12, 2017
Marilyn Odendahl
A bill extending the $1 additional civil filing fee to support pro bono programs sailed through a Senate committee Wednesday despite a discussion about the possibility of allowing Marion County small claims courts to keep the filing fees they collect for themselves.
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COA upholds constitutionality of CHINS reunification exception

January 12, 2017
Dave Stafford
A statute providing exceptions to the requirement that the Department of Child Services make reasonable efforts to preserve and reunify families involved in CHINS cases survived a constitutional challenge Thursday.
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COA vacates arbitration award for lack of agreement

January 12, 2017
Olivia Covington
The Indiana Court of Appeals vacated an arbitration award Thursday after determining that an arbitration agreement did not exist, thus making the arbitration proceedings between a Lake County couple and an automotive company pointless.
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Church members join in grief, anger as gunman sentenced to death

January 12, 2017
 Associated Press
Family members of the nine people Dylann Roof killed in a Charleston, South Carolina, church weren’t the only ones who suffered. Their church family grieved, too.
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Company must pay sales tax on electricity, freezer equipment

January 12, 2017
Olivia Covington
An Indiana food storage warehouse must pay sales tax on electricity and freezer equipment it purchased because such purchases are not used in the production of new, marketable goods, Indiana Tax Court Judge Martha Wentworth ruled Wednesday.
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Indiana health commissioner: Needle exchanges a success

January 12, 2017
 Associated Press
Indiana's health commissioner told lawmakers needle exchanges were effective in combating the state's worst-ever HIV outbreak.
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Group protests bill that would seek to ban abortion

January 12, 2017
 Associated Press
Abortion-rights supporters Wednesday called on Republican Gov. Eric Holcomb to oppose an Indiana bill that would grant fertilized human eggs the same rights as people — legislation that some believe was designed to provoke a legal fight that might eventually challenge the U.S. Supreme Court's 1973 landmark decision legalizing abortion.
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Couple who claim bank's actions led to their divorce lose appeal

January 11, 2017
Jennifer Nelson
An Indiana attorney and her ex-husband couldn’t convince the 7th Circuit Court of Appeals that a bank violated the Real Estate Settlement Procedures Act with regards to an errant insurance payment and that alleged error led to their divorce and caused $300,000 in damages.
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COA: Revocation of sex offender’s probation was not an abuse of discretion

January 11, 2017
Olivia Covington
The Harrison Superior Court did not abuse its discretion when it revoked a convicted sex offender’s probation after he contacted people under 18 years of age and lived within one mile of his victim in violation of the terms of his probation, the Indiana Court of Appeals held Wednesday.
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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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