Legal News

COA affirms probation revocation

August 5, 2016
Dave Stafford
A man failed to persuade the Indiana Court of Appeals that revocation of his probation on a drug charge was barred by the doctrine of res judicata because his placement in community corrections had already been revoked.
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Justices reinstate conviction divided COA reversed

August 5, 2016
Dave Stafford
The Indiana Supreme Court on Thursday affirmed a man’s misdemeanor failure to identify conviction that had been reversed by a divided panel of the Court of Appeals.
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Rare conviction made in shooting by Virginia police officer

August 5, 2016
 Associated Press
Prosecutors in Portsmouth, Virginia, won a rare conviction of a white former police officer who shot and killed an unarmed black teen suspected of shoplifting.
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Indianapolis woman sues over police dog attack

August 5, 2016
 Associated Press
A woman is suing Indianapolis police after a department police dog injured her while the animal was chasing a suspect last year.
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New charges against Indiana officer in detective's shooting

August 5, 2016
 Associated Press
An Indianapolis police officer facing attempted murder and other charges for allegedly shooting a fellow officer was suicidal afterward and told a witness, "I shot my friend," an affidavit released Thursday shows.
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Evansville woman accused of beating man into false confession

August 5, 2016
 Associated Press
Southwestern Indiana police say a woman allegedly beat a man with a metal pipe into falsely confessing he was involved in the disappearance of a severely disabled woman.
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COA: Intimidation statute doesn’t require detailed timeline of threat

August 4, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s intimidation conviction, finding it was reasonable for the jury to conclude that the defendant threatened the victim for interrupting an argument.
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‘Chop shop’ operator’s convictions upheld by 7th Circuit

August 4, 2016
Jennifer Nelson
An Indianapolis man who ran a modern-day “chop shop” in which he stole cars, altered identification numbers and resold them was unable to convince the 7th Circuit Court of Appeals that his convictions and sentence require reversal.
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Reversal: Kroger must face claim for filling script in wrongful death case

August 4, 2016
Dave Stafford
Kroger must face a claim that its potential negligence in filling a prescription contributed to the death of a woman after she sought treatment for acute bronchitis, the Indiana Court of Appeals ruled Thursday in a reversal.
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Judge thinks cop convicted of murder deserves new trial

August 4, 2016
Jennifer Nelson
A 7th Circuit Court of Appeals judge dissented from his colleagues’ affirmation of an Evansville police officer’s murder and arson convictions, believing the evidence presented by the state doesn’t support that the man started the fire at his ex-lover’s house.
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Split COA tosses robbery convictions pegged to cellphone data

August 4, 2016
Dave Stafford
A divided Indiana Court of Appeals ruled Thursday that cellphone users have a reasonable expectation to the privacy of their location information that’s tracked and collected by phone service providers. The majority’s holding reversed armed robbery convictions of an Ohio man found guilty of holding up two Dearborn County liquor stores.
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COA affirms plaintiff can’t succeed on environmental action claims

August 4, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed Thursday that based on the statute of limitations the owners of contaminated land can’t assert environmental claims against previous owners of the land who contributed to the contamination.
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Indiana Paralegal Association honors 5 members

August 4, 2016
IL Staff
The Indiana Paralegal Association Inc. recently presented five awards at its annual swearing-in and awards ceremony July 20 to members who have displayed exceptional abilities.
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Mistrial declared in Evansville man's explosives case

August 4, 2016
 Associated Press
A mistrial has been declared in the case of an Evansville man accused of setting a fire at his apartment and leaving a bomb near a restaurant last year.
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COA senior judge reprimanded for OWI conviction

August 3, 2016
IL Staff
The Indiana Supreme Court reprimanded Indiana Court of Appeals Senior Judge William Garrard Wednesday, agreeing with the parties that this is the appropriate sanction for his recent operating while intoxicated conviction.
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Report finds drug courts number 3,000 nationwide

August 3, 2016
IL Staff
The number of drug courts operating in the United States is 3,057, a 24 percent increase in the last five years, according to the National Association of Drug Court Professionals.
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Ruling goes against Indiana’s ‘strong public policy’ of enforcing contracts

August 3, 2016
Jennifer Nelson
A federal judge ruled Tuesday in a lawsuit challenging the town of Fortville’s procedure for disputing unpaid water bills that class members’ constitutional rights to procedural due process trump the state’s public policy of enforcing contracts.
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Judge blocks release of Trump's video testimony

August 3, 2016
 Associated Press
A federal judge who has been a target of Donald Trump's repeated scorn on Tuesday denied a media request to release videos of the Republican presidential candidate testifying in a lawsuit about the now-defunct Trump University — images that Trump's attorneys had argued would have been used to tarnish the campaign.
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Defense attorney: Police botched investigation

August 3, 2016
 Associated Press
A man accused of killing an Indiana University student is the victim of a botched police investigation, his attorney told jurors on Tuesday, but prosecutors noted that the victim's blood and hair were found in his vehicle.
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Interactive files federal patent suit against competitor

August 2, 2016
Susan Orr, IBJ Staff
Indianapolis-based Interactive Intelligence Inc. has filed a federal patent lawsuit against Avaya Inc., a competitor with which Interactive Intelligence also had a long-standing patent license agreement.
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Indianapolis sues emergency dispatch provider for $8.3M

August 2, 2016
Hayleigh Colombo, IBJ Staff
The city of Indianapolis is suing a North Carolina-based public safety software provider for breach of contract, saying it failed to adequately complete a job to install a new computer-aided dispatch system for police, fire and emergency use.
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Judges divided over sentence review under Appellate Rule 7(B)

August 2, 2016
Jennifer Nelson
The majority on a panel of the Indiana Court of Appeals declared Tuesday that Indiana Appellate Rule 7(B) requires only that the court “consider” the nature of the offense and the offender’s character, not that the defendant necessarily prove both of those prongs. This led to a separate opinion calling the decision “significant.”
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Statute, plea agreement do not preclude converting felony to misdemeanor

August 2, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s decision to reduce a man’s Class D felony conviction following a guilty plea to theft in 2000 to a Class A misdemeanor 15 years later.
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State won’t appeal order blocking abortion law

August 2, 2016
Dave Stafford
A federal judge’s order blocking a divisive and restrictive abortion law signed this year by Gov. Mike Pence will not be appealed, Indiana Lawyer has learned. The decision not to appeal at this time effectively punts a decision on a possible future appeal to new state office-holders to be elected in November.
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Attorneys for Dylann Roof file death penalty challenge

August 2, 2016
 Associated Press
Attorneys for the man charged with killing nine people at a Charleston church are challenging federal prosecutors' intention to seek the death penalty against him.
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