Legal News

Salvation Army sues neighboring Children’s Museum over expansion

May 25, 2017
Indianapolis Business Journal, Scott Olson
The Salvation Army is suing the Children’s Museum of Indianapolis, claiming its neighbor’s $35 million outdoor expansion project intrudes on its easements and restricts its access to Illinois Street.
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Appeals court reinstates grant of petition to relocate easement

May 25, 2017
Olivia Covington
The Town of Ellettsville Plan Commission can move forward with its plan to grant a petition to move an easement after the Indiana Court of Appeals found Thursday the man who owns the easement did not prove the petition was unreasonable.
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Bloomington files lawsuit over last-minute annexation amendment

May 25, 2017
Marilyn Odendahl
The city of Bloomington has filed a lawsuit against Indiana Gov. Eric Holcomb, claiming an amendment dropped into the state’s biennial budget at 2 a.m. April 21 and approved less than 24 hours later is specifically targeting the municipality to prevent it from annexing seven unincorporated areas near the city limits.
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COA affirms convictions in nursing home burglary scheme

May 25, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s various felony theft and burglary convictions after finding there was sufficient evidence to prove he broke into the dwelling of nursing home residents and stole narcotics worth more than $3,000.
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State agrees to pay family $25M to settle DCS case

May 25, 2017
Dave Stafford
Indiana will pay $25 million to conclude a northern Indiana family’s decade-long legal fight to clear their names after the Department of Child Services falsely prosecuted them for their daughter’s death.
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Bosma Enterprises files lawsuit over VA contracting changes

May 25, 2017
 Associated Press, Indianapolis Business Journal
Indianapolis-based not-for-profit Bosma Enterprises and other advocacy groups for the blind on Wednesday sued the Department of Veterans Affairs in federal court, alleging the agency ignored a long-standing law when it changed contracting rules that have been used for decades to give jobs to the visually impaired.
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Law firm entitled to $36k in unpaid legal fees, court rules, but not all it sought

May 24, 2017
Jennifer Nelson
A Vincennes firm scored a partial victory in the Indiana Court of Appeals on Wednesday after the court upheld the award of more than $36,000 in unpaid legal fees for guardianship and estate work. The appeals court remanded the case for reconsideration of other collection costs and prejudgment interest awarded.
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Federal court documentary premiere, debut airing set

May 24, 2017
IL Staff
A documentary coinciding with the bicentennial of Indiana’s federal courts will premiere at a special event next month ahead of its debut airing on public television.
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Justices to hear arguments in Evansville 'military-style assault' case

May 24, 2017
IL Staff
Indiana’s Supreme Court is set to hear cases Thursday involving the withdrawal of guilty pleas, the use of search warrants and the revocation of good-time credit.
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Family of dead Indiana man sues, claiming stun gun overuse

May 24, 2017
 Associated Press
The family of an Indiana man who died after police repeatedly used a stun gun on him filed a lawsuit Tuesday asserting that his constitutional rights were violated in an unprovoked "brutal and deadly assault."
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Trump budget hits legal aid and public service sectors

May 24, 2017
Marilyn Odendahl
The American Bar Association is speaking out against key provisions in the Trump administration’s budget blueprint that would hit legal aid particularly hard.
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Indiana gets over $600K in Target data breach settlement

May 23, 2017
 Associated Press
Indiana will receive over $600,000 from an $18.5 million settlement with Target Corp. to resolve a multi-state probe into the discounter's pre-Christmas data breach in 2013.
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COA affirms denial of educational credit time for inmate

May 23, 2017
Olivia Covington
The Indiana Department of Correction correctly denied an inmate’s request for educational credit time after he was reincarcerated for a parole violation, the Indiana Court of Appeals held Tuesday, finding established caselaw does not allow inmates to “bank” credit time for future incarceration.
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COA reinstates Madison City Council rezoning denial

May 23, 2017
Olivia Covington
A decision by the Madison City Council to deny a local couple’s request to rezone a property was not arbitrary and capricious and, thus, must be reinstated, the Indiana Court of Appeals ruled.
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COA finds no Brady violation in burglary case

May 23, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s conviction for felony burglary, finding the state did not violate his rights by failing to disclose before trial the existence of a wallet discovered during the investigation into the burglary.
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7th Circuit hears Indiana birth certificate dispute

May 23, 2017
Marilyn Odendahl
The 7th Circuit Court of Appeals seemed unconvinced that Indiana’s prohibition against listing non-birth mothers in female, same-sex married couples on a child’s birth certificate violates the Constitution.
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Suit: ‘Scheme to scam’ put dubious charges on Vectren bills

May 23, 2017
Dave Stafford
An untold number of Vectren utility customers were duped into paying dubious utility-line protection plan charges that went to a different company after Vectren presumably took a kickback on the charge, a proposed class-action lawsuit claims.
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Jury selection enters day 2 in Bill Cosby sex assault case

May 23, 2017
 Associated Press
Jury selection resumed Tuesday outside Philadelphia in Bill Cosby’s sexual assault trial as prosecutors and the defense seek to fill out a panel of 12 jurors and six alternates in a case that has attracted worldwide publicity.
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7th Circuit affirms denial of habeas relief

May 23, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the denial of a man’s petition for habeas relief after finding he waived his argument of ineffective assistance of counsel by not raising that argument in his habeas petition.
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High court ruling may give voter rights groups a strong tool

May 23, 2017
 Associated Press
The Supreme Court’s ruling that two North Carolina congressional districts relied too heavily on race should give voting-rights advocates a potent tool to fight other electoral maps drawn to give Republicans an advantage in the state.
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Indiana prosecutors to retry man in 1998 triple-killing

May 23, 2017
 Associated Press
A northern Indiana prosecutor plans to retry a man in a triple-slaying case now that the U.S. Supreme Court has opted not to hear the state’s appeal of a ruling that threw out his second conviction and death sentence.
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Order adds Rules Committee members, changes amendment procedure

May 22, 2017
IL Staff
The Indiana Supreme Court has increased the number of members required for its Committee on Rules of Practice and Procedure while also amending the process for recommending and adopting a rule change in a series of amendments to Trial Rule 80 that took effect Friday.
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Indiana jury awards couple $744,000 for son's shoulder surgery

May 22, 2017
 Associated Press
A northern Indiana jury has awarded $744,000 to a couple who claimed a now-deceased doctor performed unnecessary surgery on their teenage son.
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COA affirms denial of motion to suppress after prolonged traffic stop

May 22, 2017
Olivia Covington
An Indianapolis police officer did not violate a man’s federal and state constitutional rights when he intentionally prolonged a traffic stop which led to the discovery of paraphernalia in the man’s vehicle, the Indiana Court of Appeals ruled Monday. The appellate court found the officer had reasonable suspicion to prolong the stop.
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Carmel-based company wins patent case at US Supreme Court

May 22, 2017
 Associated Press,  Bloomberg News
The U.S. Supreme Court is making it easier for companies to defend themselves against patent infringement lawsuits.
More
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  1. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  2. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

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  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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