Legal News

Adams Co. judge not required to recuse himself from case involving former client

December 12, 2016
Olivia Covington
An Adams County judge who presided over a case in which the defendant was his former legal client was not required to recuse himself, the Indiana Court of Appeals found Monday.
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Child molester’s failure to register conviction vacated

December 12, 2016
Olivia Covington
A convicted child molester will not also have a conviction of failure to register as a sex offender after the Indiana Court of Appeals found Monday that his arrest was premature.
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Justices to hear case of man convicted of mistreating police dog

December 12, 2016
IL Staff
The Indiana Supreme Court will decide if South Bend police officers unnecessarily deployed the use of Tasers and a police dog on a man stopped during a traffic pursuit after granting transfer in the case of a man convicted of mistreating K-9 officer.
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Supreme Court rejects death row appeals

December 12, 2016
 Associated Press
The Supreme Court on Monday turned away appeals from death row inmates in four states that raised different questions about the fairness of capital punishment.
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Supreme Court leaves $1B NFL concussion settlement in place

December 12, 2016
 Associated Press
The Supreme Court of the United States on Monday rejected challenges to the estimated $1 billion plan by the NFL to settle thousands of concussion lawsuits filed by former players, clearing the way for payouts to begin to those who have been diagnosed with brain injuries linked to repeated concussions.
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Lawmakers to file plan for reducing youth suicide

December 12, 2016
 Associated Press
Indiana lawmakers plan to file a plan in January aimed at reducing the number of children, teens and young adults who kill themselves.
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ACLU suing Knightstown over illuminated cross display

December 12, 2016
 Associated Press
The American Civil Liberties Union is suing a central Indiana town over the display of a cross as part of its Christmas decorations.
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Indianapolis mayor to unveil new jail, criminal justice changes

December 12, 2016
 Associated Press
Indianapolis’ mayor is proposing construction of a new jail and changes to the local criminal justice system to place a greater emphasis on assessing inmates for mental illness and substance abuse problems.
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COA reinstates personal injury suit against company, driver

December 9, 2016
Olivia Covington
A negligence case against an Indianapolis heating and air conditioning company will be reinstated after the Indiana Court of Appeals found that summary judgment in favor of the company was inappropriate.
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Dylann Roof laughed during church slaying confession to FBI

December 9, 2016
Dylann Roof hesitated for about 20 seconds when an FBI agent asked him what he was doing on the night nine black church members were killed during Bible study in a historic congregation in Charleston, South Carolina.
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COA affirms mom’s convictions targeting stepmom

December 9, 2016
Olivia Covington
The Indiana Court of Appeals affirmed a mother’s intimidation convictions Friday, writing that her children’s stepmother had lawful custody of the children, so the mother’s threats against the woman constituted intimidation based on a prior lawful act.
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COA reaffirms decision imposing sanctions on mental health service provider

December 9, 2016
Olivia Covington
The Indiana Court of Appeals has reaffirmed an earlier decision finding that sanctions against a mental health provider were warranted, making clear Friday that it fully understood why the sanctions were imposed.
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7th Circuit affirms dismissal of claims against Indiana, Marion County officials

December 9, 2016
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the dismissal of claims against several Indiana state and county officials, finding that most of the claims failed due to the immunity provided to government employees in the scope of their employment.
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Michael Jordan wins China trademark court ruling after yearslong case

December 8, 2016
 Associated Press
Basketball legend Michael Jordan now owns his Chinese name, after China's highest court sided with him Thursday following a yearslong legal battle over a trademark dispute.
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Justices weigh cellphone data privacy rights in 4th Amendment case

December 8, 2016
Olivia Covington
When people turn on their cellphones, they have a general understanding that some data regarding their whereabouts will be collected. But if a person does not know the extent to which that data is collected, then can the court say that such data was voluntarily released by the person, or is there an expected right to privacy?
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4 Indiana cities seek dismissal of LGBT protections suit

December 8, 2016
 Associated Press, IL Staff
Four Indiana cities have asked the Indiana Court of Appeals to overrule a judge’s ruling allowing conservative groups to go ahead with a lawsuit challenging anti-discrimination ordinances.
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Allen becomes latest Indiana county to offer needle exchange

December 8, 2016
 Associated Press
The Fort Wayne-Allen County Department of Health said Wednesday the Allen County Syringe Services Program opened in early November and has seen a few visitors. The department says it didn't advertise the opening of the program because it believed a soft opening was the best way to get the word out to those affected.
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2 face life sentences in Newton County slayings

December 8, 2016
 Associated Press
Prosecutors intend to seek sentences of life without parole for two 24-year-old men facing murder, theft and other charges in the slayings of three people in northwestern Indiana.
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COA: Law enforcement may not refuse to hire based solely on expunged criminal histories

December 8, 2016
Olivia Covington
The Indiana Court of Appeals ruled Thursday that law enforcement agencies are not permitted under state statute to refuse to hire new employees solely because those people have prior criminal histories that have since been expunged.
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Court abused discretion in letting public defender withdraw appearance

December 8, 2016
Olivia Covington
An attorney seeking a motion to withdraw appearance had to prove there was justification for his withdrawal and provide sufficient notice to the party he represented before the motion could be granted, the Indiana Court of Appeals found Thursday.
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Forest Alliance sues to stop Crown Hill cemetery project

December 8, 2016
IBJ Staff
The controversy over the U.S. Department of Veterans Affairs’ plans to develop a military cemetery with a series of above-ground columbariums on 15 wooded acres north of Crown Hill Cemetery in Indianapolis has ended up in court.
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COA holds public trust rights rule along lakeshore

December 7, 2016
Olivia Covington
When a private property owner’s land deed overlaps with that of the public trust along Lake Michigan, the rights to the shore are controlled by the common law public trust doctrine, the Indiana Court of Appeals found Wednesday in a landmark decision that prevents private property owners from exerting complete control over lakeshore land between ordinary high- and low-water marks.
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COA holds that volunteer work was incidental to man’s employment

December 7, 2016
Olivia Covington
A general contractor’s volunteer work was incidental to his professional employment, so the injuries he sustained during the volunteer work must be covered under the Indiana Worker’s Compensation Act.
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COA affirms lifetime suspension of driving rights

December 7, 2016
Olivia Covington
A man who was caught driving with a suspended license cannot challenge the legality of the lifetime suspension of his driving privileges because the law in effect at the time of his arrest required the lifetime suspension, the Indiana Court of Appeals found Wednesday.
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COA reverses handgun conviction after state failed to meet burden of proof

December 7, 2016
Olivia Covington
The state failed to meet its burden of proof to show that an Indianapolis man was carrying a handgun without a license outside of his dwelling, workplace or property, the Court of Appeals found Wednesday, thus vacating the man’s misdemeanor conviction.
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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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