Legal News

Appeals court affirms reinstatement of drug sentence

June 17, 2016
Scott Roberts
The Indiana Court of Appeals affirmed the reinstatement of a woman’s sentence after she was terminated from drug court, finding a request for new counsel she made was too late and a stay of her drug court supervision was meant to help her, not harm her.
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COA dismisses appeal of agreed judgment

June 17, 2016
Scott Roberts
The Indiana Court of Appeals upheld long-standing precedent when it dismissed an appeal of an agreed judgment between a law firm and a couple that accused the firm of malpractice.
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Simon faces proposed class-action from guest services managers

June 17, 2016
Dave Stafford
Two former guest-services managers at shopping malls in Illinois and Oklahoma have sued Indianapolis-based Simon Property Group, claiming the retail property giant violated the Fair Labor Standards Act by failing to pay overtime and comply with other federal wage and hour provisions.
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Children of trucking exec challenge will, claim wife orchestrated changes

June 17, 2016
Jared Council, IBJ Staff
The children of deceased Celadon Group Inc. co-founder Steve Russell claim his second wife engineered changes to his will while he suffered from dementia, boosting the amount she would immediately inherit from his $31 million estate at their expense.
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Valpo grad convicted in violent attack of Virginia couple faces life sentence

June 17, 2016
 Associated Press, IL Staff
A jury has recommended the man convicted of violently attacking a lawyer and his wife inside their McLean, Virginia, home be sentenced to life in prison.
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Lawsuit: Notre Dame displaying stolen early American art

June 17, 2016
 Associated Press
The University of Notre Dame is displaying $575,000 worth of early American art that was stolen from a man 20 years ago, according to a lawsuit filed by the man's son.
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Henry County judge to lead new Indiana Supreme Court office

June 17, 2016
IL Staff
Henry Circuit Judge Mary Willis has been named the first chief administrative officer of the Indiana Supreme Court.
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Appeals court affirms town’s annexation ordinance is void

June 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled a town’s failure to include roads in an annexation ordinance where it sought to annex two pieces of land rendered the ordinance void.
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COA: Judge’s comments do not require dismissal of charges

June 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court judge’s inappropriate comments during trial did not “goad” the defense into asking for a mistrial and affirmed denial of the defense’s motion to dismiss child molesting, rape and sexual misconduct charges against the defendant.
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Justices toss meth conviction, advise courts on indigent depositions

June 16, 2016
Dave Stafford
A Huntington County man’s conviction for dealing meth and 40-year sentence were reversed Thursday by the Indiana Supreme Court, which remanded the case for a new trial and used the decision to send a message to trial courts. The court ruled the denial of depositions of state witnesses by indigent defendants must be supported in the record by findings of fact.
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COA upholds kidnapper's sex offender status

June 16, 2016
Scott Roberts
A prisoner at the Indiana Department of Correction failed to convince the Indiana Court of Appeals that his sex offender classification should be dropped as the COA found it did not violate the ex post facto clause of the Indiana Constitution.
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Senate committee unanimously supports Ong nomination

June 16, 2016
Marilyn Odendahl
Winfield Ong received the support of the U.S. Senate Judiciary Committee Thursday to fill the vacancy on the U.S. District Court for the Southern District of Indiana. On a voice vote, the committee unanimously approved Ong’s nomination.
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City liable for sign firm's damages, judge rules

June 15, 2016
Susan Orr, IBJ Staff
Indiana billboard company GEFT Outdoor LLC expects to seek millions of dollars in damages from the city of Indianapolis after a federal judge ruled that the city’s former sign ordinance was unconstitutional.
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‘Stairway’ trial opens with questions about obscure ‘Taurus’

June 15, 2016
 Bloomberg News
The trial over whether Led Zeppelin’s Jimmy Page and Robert Plant stole the iconic opening riff to “Stairway to Heaven" opened with testimony about when the British rockers might have heard the 1968 song they’re accused of copying.
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Statute of limitations bars rate hike claim

June 15, 2016
Scott Roberts
The Indiana Court of Appeals ruled the statute of limitations had expired for a member of a power cooperative to challenge its parent company’s change from state to federal regulation and upheld summary judgment for the parent company.
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Police: Man going to gay pride event had rigged magazines

June 15, 2016
 Associated Press
Police found a loaded assault rifle with magazines rigged to allow 60 shots to be fired in quick succession, along with 15 pounds of chemicals mixed and ready to explode in the car of an Indiana man who said he was headed to a gay pride event, authorities revealed Tuesday.
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Prosecutor bumps Stanford sex assault judge from new case

June 15, 2016
 Associated Press
A Northern California judge at the center of a recall campaign after his handling of a Stanford University sexual assault case was removed from a new sexual assault case Tuesday by the local district attorney.
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Home Depot: US credit card firms slow to upgrade security

June 15, 2016
 Associated Press
Visa and MasterCard are using security measures prone to fraud, putting retailers and customers at risk of hacking attacks by cyber thieves, The Home Depot Inc. says in a new federal lawsuit.
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7th Circuit: Man did not need Miranda warnings

June 15, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled Tuesday that a man was not under arrest when he was questioned by police and therefore did not need to be given his Miranda warnings after the man claimed he did not voluntarily agree to speak to police.
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Southern District proposes mandatory pro bono program

June 15, 2016
Marilyn Odendahl
Flooded by pro se litigants and under pressure from the appellate circuit to provide attorneys, the U.S. District Court for the Southern District of Indiana is proposing the adoption of a mandatory pro bono program to supplement its volunteer pool.
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New Coalition for Court Access aims to improve delivery of civil legal services

June 15, 2016
Marilyn Odendahl
After establishing three committees to tackle the persistent problem of unrepresented litigants trying to maneuver their way through the state’s judicial system, the Indiana Supreme Court has decided to start over.
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Tax Court delays add years to cases

June 15, 2016
Dave Stafford
A recent report urges reforms after a study finds criticism among practitioners of long wait times for resolution of cases.
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Can records of civil forfeitures be expunged?

June 15, 2016
Marilyn Odendahl
The Indiana Supreme Court is considering whether files on property judgments "relate to the person’s felony conviction."
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Indiana fights discrimination ruling against trial court

June 15, 2016
Dave Stafford
A federal court ruling that a Marion County court discriminated against a deaf man who was denied an interpreter for his court-ordered mediation is being appealed by the state, which argues he lacked standing to bring the suit under the Americans with Disabilities Act and state courts should be immune from such judgments.
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Staging CLEs with a trial lawyer focus

June 15, 2016
Dave Stafford
Indiana Trial Lawyers Association program planners tout mix of top national and state attorney presenters.
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