Legal News

Greenwood court starts program for heroin-addicted offenders

February 3, 2017
A city south of Indianapolis is offering a drug treatment program for heroin-addicted offenders that features an Indiana-made device to ease the pain of withdrawal.
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7th Circuit upholds drug convictions for lack of standing

February 3, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a man’s drug convictions after holding Friday that he did not have a reasonable right to privacy in a vehicle containing methamphetamine that he paid a car hauler to ship across the country.
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ACLU-Indiana joins nationwide fight for immigration ban records

February 3, 2017
 Associated Press, Olivia Covington
Indiana’s American Civil Liberties Union affiliate is joining a nationwide request for public records thought to be able to shed light on federal border patrol agencies’ interpretation and implementation of recent presidential immigration orders.
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Patriots coach McDaniels may be witness in Hernandez trial

February 3, 2017
 Associated Press
New court documents indicate that New England Patriots offensive coordinator Josh McDaniels might be called as a witness in the upcoming double murder trial of former NFL star Aaron Hernandez in Boston.
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Donnelly to vote against Trump AG nominee Sessions

February 3, 2017
 Associated Press
Indiana Democratic Sen. Joe Donnelly says he will vote against Jeff Sessions, President Donald Trump's nominee for attorney general.
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Jury convicts Fort Wayne man, 19, of 3 counts of murder

February 3, 2017
 Associated Press
A jury has convicted a Fort Wayne man on three counts of murder after his first trial ended in a hung jury.
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Ex-Indiana schools chief Bennett ineligible for county seat

February 3, 2017
 Associated Press
Former state schools superintendent Tony Bennett can't fill a vacant Clark County Council seat because he hasn't lived there long enough.
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COA: Bank had no duty to woman injured by drunken driver

February 2, 2017
Olivia Covington
An Indiana bank does not owe a duty of care to a woman who was injured by a drunken driver after the bank’s employees helped the driver change his tire without knowing that he had been drinking, the Indiana Court of Appeals found Thursday.
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7th Circuit upholds judgment in favor of nonprofit’s board of directors

February 2, 2017
Olivia Covington
The 7th Circuit Court of Appeals has upheld summary judgment in favor of a sister on the board of directors of a family foundation after finding that her brother lacked standing to bring either individual or derivative claims on behalf of the corporation.
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7th Circuit allows evidentiary hearing on ineffective assistance of counsel claim

February 2, 2017
Olivia Covington
A doctrine allowing prisoners to bring ineffective assistance of counsel claims after a procedural default at the state level applies in Indiana and, thus, entitles a convicted murderer to an evidentiary hearing on his ineffective counsel claim, a divided 7th Circuit Court of Appeals decided Wednesday.
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Virginia joins lawsuit challenging Trump immigration order

February 1, 2017
 Associated Press
Virginia is joining a federal lawsuit against President Donald Trump's executive order restricting travelers from seven Muslim majority nations from entering the U.S., Attorney General Mark Herring announced on Tuesday.
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Federal courts offering free CLE for Black History Month

February 1, 2017
IL Staff
The federal courts and other agencies in the Southern District of Indiana are offering a free CLE this month honoring an Indiana legend as part of their annual Black History Month event.
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Man's conviction for 1989 rape vacated

February 1, 2017
IL Staff
A Lake Superior Court has vacated the conviction and dismissed the charges against a Gary man who was wrongly punished for a 1989 rape and served his full sentence.
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COA affirms default judgment against Menards in injury lawsuit

February 1, 2017
Olivia Covington
A summons and complaint in a personal injury claim were adequately served on a Menards store in Gary, the Indiana Court of Appeals found Wednesday, so the store cannot seek relief from default judgment entered against it on the basis of the service of process.
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Eighth Amendment complaint splits 7th Circuit

January 31, 2017
Marilyn Odendahl
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
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7th Circuit reverses dismissal of ‘arbitrary’ Appeals Council decision

January 31, 2017
Olivia Covington
The 7th Circuit Court of Appeals Tuesday reversed an Appeals Council decision to dismiss an Indiana man’s good cause request after initially granting the request, finding that the sudden change of course was arbitrary.
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Eighth Amendment complaint splits 7th Circuit

January 31, 2017
Marilyn Odendahl
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
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COA upholds denial of IRA garnishment

January 31, 2017
Olivia Covington
The Elkhart Superior Court was within its discretion when it asserted a garnishment exemption on a debtor’s behalf because there are exceptions that allow a debtor to receive the benefit of an exemption without asserting it, the Indiana Court of Appeals decided Tuesday.
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Victim’s posthumously admitted testimony supports murder conviction

January 31, 2017
Dave Stafford
A woman’s deposition identifying to police the man who shot her in the face was properly admitted in the suspect’s murder trial after the victim died, the Indiana Court of Appeals ruled Tuesday.
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‘Dismayed’ by trial court, COA orders resentencing

January 31, 2017
Dave Stafford
An Indianapolis judge who sentenced a defendant to jail without permitting him to speak on his own behalf disregarded state law and violated the defendant’s rights, a panel of the Indiana Court of Appeals held in a stern ruling.
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Sheriff’s department not liable in death of former deputy’s wife

January 31, 2017
Olivia Covington
The Harrison County Sheriff’s Department cannot be held liable for the death of the wife of one of its former deputies who used her husband’s gun to kill herself. The Indiana Court of Appeals held Tuesday the deputy was acting as a husband, not a law enforcement official, during the incident.
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Indianapolis jail at Twin Aire touted as criminal justice reform

January 31, 2017
Dave Stafford
Dozens of city, county, neighborhood and social services representatives gathered in the bracing cold Tuesday morning on the site of the decade-defunct Citizens Gas and Coke Utility plant site in the Twin Aire neighborhood just about three miles southeast of downtown Indianapolis. A new criminal justice center is proposed to rise in the 2900 block of East Prospect Avenue.
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Syrian family denied entry sues Trump administration

January 31, 2017
 Associated Press
A lawsuit has been filed against the Trump administration on behalf of a Syrian family who was denied entry into the United States at the Philadelphia airport over the weekend.
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Fueled by protest, liberals push for blockade of Trump picks

January 31, 2017
Dave Stafford
Democrats are racing to respond to the wave of liberal outrage triggered by President Donald Trump, jumping into protests, organizing rallies and vowing to block more of the new president's nominees — including, possibly, his pick for the Supreme Court.
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COA affirms revocation of good time credit

January 30, 2017
Olivia Covington
A man whose disciplinary actions resulted in the loss of good time credit in a county community corrections program was not entitled to have that credit restored when his probation was revoked and he was ordered to serve the balance of his sentence, the Indiana Court of Appeals decided Monday.
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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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