Legal News

Man who did not knowingly waive representation to get new trial

June 21, 2017
Olivia Covington
A southern Indiana man will receive a new trial for his invasion of privacy charges after the Indiana Court of Appeals ruled Wednesday the trial court failed to advise him of the dangers of proceeding pro se.
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Court vacates union representation, citing unclear deciding vote

June 21, 2017
Olivia Covington
The regional director of the National Labor Relations Board erroneously counted a ballot in favor of union representation of a northern Indiana company and impacted the outcome of an election to determine whether the union would represent the company, the 7th Circuit Court of Appeals held Tuesday.
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Man's 72-year sentence for child molestation upheld

June 21, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s 72-year sentence for molesting his young daughter, finding the trial court did not consider identical facts at sentencing hearings on two separate charges.
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Fort Wayne TV station seeks to broadcast doctor’s sentencing hearing

June 21, 2017
Jennifer Nelson
A Fort Wayne television station has filed an appeal challenging a Huntington Circuit judge’s order denying its request to air a trial court recording of a doctor’s sentencing hearing for felony sexual battery.
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Court impermissibly entered convictions on 3 resisting law enforcement counts

June 21, 2017
Olivia Covington
An Indiana trial court should not have entered convictions against a man on three counts of resisting law enforcement stemming from a single incident, the Indiana Court of Appeals ruled in a Wednesday opinion instructing the trial court to change the man’s convictions and resentence him accordingly.
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Indianapolis tries to halt Carmel’s 96th Street roundabout

June 21, 2017
Marilyn Odendahl
Four planned roundabouts on 96th Street may have hit a roadblock with the city of Indianapolis asking a court to stop the city of Carmel from moving forward with the project.
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7th Circuit: District court properly granted extra time to move for appeal

June 21, 2017
A federal judge properly allowed the state to have an extended period of time to move for direct appeal, the 7th Circuit Court of Appeals determined Tuesday, finding a conditional writ of habeas corpus in the case provided unclear instructions on how the state was supposed to proceed.
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COA: attorney fees and litigation costs allowed in child’s wrongful death

June 20, 2017
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals upheld the award of attorney fees in a child’s wrongful death case.
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Split COA affirms northern Indiana utility rate increase

June 20, 2017
Olivia Covington
A northern Indiana utility company can increase its rates after a divided Indiana Court of Appeals held Tuesday that the Indiana Utility Regulatory Commission followed the appropriate statutory guidelines in approving the rate hike.
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Treble damages upheld in stepmother’s conversion of safe deposit box funds

June 20, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a determination that a northern Indiana woman illegally converted the funds in the safe deposit box her husband shared with his adult children and that the children are entitled to treble damages.
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Court must revisit issue of prospective juror’s demeanor in Batson challenge

June 20, 2017
Olivia Covington
The Marion Superior Court must revisit the issue of whether a prospective juror’s body language made his dismissal appropriate after the Indiana Court of Appeals decided Tuesday it would be inappropriate to credit the state’s assertion without findings that the dismissal was not based on race.
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High court strikes down extension of community caretaking role to non-vehicle searches

June 20, 2017
Olivia Covington
The Indiana Supreme Court on Tuesday struck down a portion of an Indiana Court of Appeals opinion that extended the law enforcement community caretaker role beyond questions regarding seizures of a vehicle. The justices did affirm the man's cocaine conviction, however, finding his constitutional arguments failed. 

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Putnam County officer to be resentenced again for excessive use of force

June 20, 2017
Olivia Covington
A Putnam County law enforcement officer who used excessive force against compliant arrestees must return to district court for a second resentencing after the 7th Circuit Court of Appeals determined the district court, once again, failed to adequately justify its imposition of a below-guidelines sentence.
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Gary attorney arrested for allegedly stealing $80,000 from clients

June 19, 2017
IL Staff
A Gary attorney is being held in the Lake County Jail after she was arrested and charged with felony theft.
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Goff joining Indiana Supreme Court July 24

June 19, 2017
IL Staff
A temporary replacement for the judge of the Wabash Superior Court has been appointed as current Judge Christopher Goff prepares to step down from the trial court bench and transition to the Indiana Supreme Court next month.
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US high court curbs suits against companies in Plavix case

June 19, 2017
 Bloomberg News
The U.S. Supreme Court gave companies a new tool to defeat some legal claims, siding with Bristol-Myers Squibb Co. in a bid to limit a consumer lawsuit in California over its Plavix blood thinner.
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COA: County entities did not owe duty under foreseeability analysis

June 19, 2017
Olivia Covington
A southern Indiana county and its parks and recreation and health departments did not owe a duty to a man who contracted a deadly infection while at a county park, the Indiana Court of Appeals held Monday, reversing the denial of summary judgment to the governmental entities.
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SCOTUS takes on fight over partisan electoral maps

June 19, 2017
 Associated Press
The Supreme Court of the United States is taking on a case about partisan advantage in redistricting that could affect elections across the United States.
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Justices say law on offensive trademarks is unconstitutional

June 19, 2017
 Associated Press
The U.S. Supreme Court on Monday struck down part of a law that bans offensive trademarks, ruling in favor of an Asian-American rock band called the Slants and giving a major boost to the Washington Redskins in their separate legal fight over the team name.
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Justices deny transfer to malpractice suit against Barnes & Thornburg

June 19, 2017
Olivia Covington
The Indiana Supreme Court will not consider the issue of whether Indiana’s largest law firm was properly granted summary judgment in a legal malpractice suit, denying transfer to a case that raised concerns about attorneys’ ability to indemnify themselves against malpractice allegations.
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Indiana woman wins prison release in fatal injection case

June 19, 2017
 Associated Press
A central Indiana woman who admitted giving her chronically ill mother a fatal injection of a painkiller has won release from prison.
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Train museum to file lawsuit against area authorities as Nickel Plate fight continues

June 16, 2017
Lindsey Erdody, Indianapolis Business Journal
The Indiana Transportation Museum announced Friday morning that it plans to file a federal lawsuit against area government entities and authorities in regards to their ongoing battle over the Nickel Plate Railroad.
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Suit alleging Kroger stores didn’t collect sales tax reverts to state court

June 16, 2017
Dave Stafford
A Fort Wayne attorney’s lawsuit alleging Kroger stores in Indiana have for years knowingly failed to collect and remit state sales tax on hundreds of non-exempt food items and other goods will be heard in state court after a judge denied the grocers' bid to transfer the suit to federal court.
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Arguments Thursday in drug case near park with no equipment

June 16, 2017
Olivia Covington
The Indiana Supreme Court will hear arguments next week on whether children were reasonably expected to be playing at a park with no playground equipment or trees, the central question that must be answered to determine if a man should be convicted of cooking meth within 500 feet of the park.
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Woman who sent texts urging suicide guilty of manslaughter

June 16, 2017
 Associated Press
A woman who sent her boyfriend a barrage of text messages urging him to kill himself when they were both teenagers was convicted Friday of involuntary manslaughter.
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