Legal News

Man convicted in officer's 1981 death set for prison release

February 6, 2017
 Associated Press
A man convicted of killing a Gary police officer in 1981 is about to walk free from an Indiana prison after twice having death sentences overturned.
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Panel backs bill for appointing state school chief

February 6, 2017
 Associated Press
The Indiana state schools superintendent would no longer be an elected position under a change being considered by lawmakers.
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White House predicts courts will reinstate travel ban

February 6, 2017
 Associated Press
Lawyers for Washington state and Minnesota told the 9th Circuit Court of Appeals early Monday that restoring President Donald Trump’s ban on refugees and travelers from seven predominantly Muslim countries would “unleash chaos again.”
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7th Circuit dismisses Moorish tax claim, condemns ‘sovereign citizen’ ideology

February 3, 2017
Olivia Covington
A man who declared himself a “sovereign citizen” as a result of his “Moorish” heritage is in fact not a sovereign citizen who is exempt from taxes, the 7th Circuit Court of Appeals wrote in a Friday opinion that delved into the history of the Moorish-American movement that has been the source of “difficult litigation."
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COA: Police search did not violate state constitution

February 3, 2017
Olivia Covington
Indiana police did not violate the state constitution when they searched a woman’s car without a warrant after discovering that the car matched the description from an earlier drug-related tip and police dogs alerted to the presence of drugs in the vehicle, the Indiana Court of Appeals has ruled.
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COA: Convicted sex offender can’t seek expungement for unrelated charges

February 3, 2017
Olivia Covington
A man convicted of Class D felonies is not eligible for expungement of those offenses because he has also been convicted of sex crimes, the Indiana Court of Appeals decided Friday.
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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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