Legal News

COA reverses handgun conviction because officer didn’t follow protocol

December 5, 2016
Olivia Covington
A police officer did not follow the proper protocol for conducting an inventory search of a detainee’s car, thus making the search impermissible under state and federal constitutions and prohibiting the admittance of any evidence obtained through the search.
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Justices deny transfer of CHINS ADA case with 3-2 vote

December 5, 2016
Olivia Covington
The Indiana Supreme Court has denied transfer of a case in which a father argued that the Department of Child Services’ failure to comply with the American with Disabilities Act when providing discretionary services should void the termination of his parental rights. However, two justices dissented from that decision, writing that DCS should always be required to comply with the ADA.
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7th Circuit affirms murder, racketeering convictions despite government error

December 5, 2016
Olivia Covington
Despite improper statements made by the government during closing arguments of a trial, the 7th Circuit Court of Appeals affirmed the defendant’s murder and racketeering convictions, writing that the statements constituted harmless error.
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Indiana Supreme Court grants transfer in parental rights case

December 5, 2016
Olivia Covington
Indiana’s highest court has agreed to hear a case regarding the termination of two parents’ rights to their children, with the father arguing that his rights should be restored because the Indiana Department of Child Services failed to file the termination petition within the required legal time frame.
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Supreme Court takes up cases about race in redistricting

December 5, 2016
 Associated Press
The Supreme Court of the United States is taking up a pair of cases in which African-American voters maintain that Southern states discriminated against them in drawing electoral districts.
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Jury selection begins in high-profile Saints star's death

December 5, 2016
 Associated Press
Conflicts settled by gunfire are tragically common in New Orleans, but there was nothing routine about this one: The dead man was retired football player Will Smith, a star on the 2006 Saints team who helped lift the stricken city's spirits with a winning season after Hurricane Katrina, and played with the team when it won the franchise's only Super Bowl three seasons later. Jury selection begins Monday in the trial of the man accused in his killing after a road-rage incident.
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2 Indiana men sentenced to prison for biodiesels fraud

December 5, 2016
 Associated Press
Two Indiana men have been sentenced to prison for their roles in what federal authorities say was a multi-million dollar fraud scheme involving biofuels.
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Judge: Disabled housing discrimination suit may proceed

December 2, 2016
IL Staff
An Indianapolis subsidized senior-citizens housing facility must face a lawsuit from disabled tenants who claim the three-story apartment building failed to repair its only elevator for weeks, leaving them unable to get to apartments on the top two stories and leaving some disabled tenants stranded upstairs.
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Hartford City sex offender ordinance unconstitutionally vague

December 2, 2016
IL Staff
A 2008 Hartford City ordinance that restricted registered sex offenders from entering or loitering within 300 feet of broadly defined “child safety zones” is unconstitutionally vague, a federal judge has ruled.
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Bankruptcy judge announces retirement

December 2, 2016
IL Staff
A former chief judge of the United States Bankruptcy Court for the Southern District of Indiana has announced his retirement.
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COA affirms dismissal of case due to res judicata

December 2, 2016
Olivia Covington
Res judicata prevents a title insurance company from taking a “second bite” at the apple, the Indiana Court of Appeals ruled Friday, in a case in which the company appealed dismissal of its second attempt to challenge an action by the Indiana Department of Insurance.
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Former CIB chiefs try to avoid entanglement in legal fight involving Pacers

December 2, 2016
Anthony Schoettle, IBJ Staff
Three former presidents of the city’s Capital Improvement Board—Pat Early, Bob Grand and Ann Lathrop—are fighting an effort by attorneys for the IRS to depose them about what they learned about the Indiana Pacers' finances during discussions with the team.
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Death threats and abuse for woman leading Brexit court fight

December 2, 2016
 Associated Press
Gina Miller is paying the price for going to court. The financial entrepreneur says she has received death threats and racial and sexual abuse since she won a High Court ruling forcing the British government to seek Parliamentary approval before leaving the European Union.
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Justices consider conversion of felony to misdemeanor after plea agreement

December 1, 2016
Olivia Covington
The effect of legislative changes to state sentencing laws was at center in oral arguments before the Indiana Supreme Court Thursday.
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Mother’s suit alleging DCS caseworker abuses proceeds

December 1, 2016
Dave Stafford
An Indiana Department of Child Services case manager who allegedly pursued meritless child-abuse allegations against an Indianapolis mother must face a federal civil lawsuit, though her DCS supervisors will not, a judge has ruled.
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Indiana Supreme Court considers general contractor’s duty of care to subcontractors

December 1, 2016
Olivia Covington
In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”
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Lawyer’s use of word ‘Negro’ prejudiced client, but doesn't get PCR

December 1, 2016
Dave Stafford
A defense attorney who has since been disbarred prejudiced his absent client when he referred to him as a “Negro” before potential jurors, a judge wrote, but the offending word wasn’t enough for the Court of Appeals to grant post-conviction relief.
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Justices consider transfer in chemical breath test case

December 1, 2016
Olivia Covington
Indiana’s rules regarding chemical breath tests can be read as a recipe, with each rule laid out for the process of testing someone’s blood alcohol content meant to be followed sequentially, said the attorney for a woman challenging her misdemeanor drunken-driving charges.
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Katie Couric moves to dismiss $13 million defamation lawsuit over 'Under the Gun'

December 1, 2016
 Bloomberg News
In court papers lodged Tuesday, Katie Couric contends that a gun rights group has read too much into pregnant silence in Under the Gun. She's now moved for dismissal of a $13 million lawsuit with the argument that eight seconds from the two-hour-long documentary are incapable of defamatory meaning.
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Allen County judge dismisses Fort Wayne tax suit for lack of jurisdiction

December 1, 2016
Olivia Covington
An Allen County judge has dismissed the city of Fort Wayne’s complaint against the county auditor’s allocations of taxes, writing that the case should be heard in the Indiana Tax Court, not a trial court.
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Full 7th Circuit hears LGBT-workplace bias appeal

November 30, 2016
 Associated Press
The 7th Circuit Court of Appeals has heard arguments en banc on whether the 1964 Civil Rights Act covers workplace discrimination against LGBT workers.
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Court affirms injunction preventing violations of non-compete clauses

November 30, 2016
Olivia Covington
After several employees from one civil engineering firm began soliciting employees from a competitor, the Indiana Court of Appeals held Wednesday that a trial court correctly issued a preliminary injunction to force the employees to comply with non-compete and non-solicitation clauses they had signed.
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US Supreme Court weighs bond hearings for detained immigrants

November 30, 2016
 Associated Press
A seemingly divided U.S. Supreme Court on Wednesday tried to figure out whether the government can detain immigrants indefinitely without providing hearings in which they could argue for their release.
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COA upholds summary judgment in workers’ comp case

November 30, 2016
Olivia Covington
Although he was hired to work on a specific project for a southern Indiana construction company, a worker who was injured on a construction job must seek damages through Indiana’s Worker’s Compensation Act because he was considered an “employee” of the company.
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COA: Indiana trial court has no personal jurisdiction over New York resident

November 30, 2016
Olivia Covington
An Indiana trial court cannot assume personal jurisdiction over a woman who lives in New York and has no ties to the Hoosier state, despite the fact that she is being sued by Indiana litigants.
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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