Indiana legislative round-up
A snapshot of key points from bills heard in the 2012 legislative session. All enrolled acts were signed by the governor by March 20.
Jenny Montgomery
Articles
Debating the merits of mandatory seat belts on school buses
The National Highway Traffic Safety Administration reports that in larger buses, the spacing and height of the seats offer crash protection for children through “compartmentalization.” But opinions remain divided about whether compartmentalization does enough to protect students and whether school bus seat belts should be required by law.
Judges disagree on meaning of language in city ordinance
The Indiana Court of Appeals reversed a trial court in a property dispute, but Judge Ezra Friedlander disagreed with the majority based on his interpretation of “conspicuous change.”
COA finds mentally ill man was aware actions were wrong
The Indiana Court of Appeals has affirmed a trial court in finding a man who is mentally ill was nevertheless aware of the wrongfulness of his actions.
COA rules police officer’s questions not unconstitutional
The Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that no constitutional violation occurred when he allowed a police officer to search his car.
7th Circuit affirms District Court in attorney house fire case
The 7th Circuit Court of Appeals has affirmed a grant of summary judgment in favor of an insurer because an attorney and his wife failed to produce documents the company requested repeatedly.
Justices rule that law allows town of Fishers to proceed with reorganization
Responding to a certifiable question from Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, the Indiana Supreme Court held that the town of Fishers may proceed with plans to reorganize as a city whose council chooses a mayor.
Appellate court reverses trial court in union labor dispute
The Indiana Court of Appeals has reversed a trial court that had determined an arbitrator exceeded his powers when he found in favor of a labor union.
COA affirms trial court in finding drug evidence was admissible
The Indiana Court of Appeals has held that a trial court did not err in admitting evidence obtained from a search of a purse and hotel room.
COA affirms trial court in land rental dispute
The Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a tenant who was not given adequate notice to vacate rented land.
Judges affirm sentence for man who questions constitutionality of Indiana Code
A man’s criminal actions that resulted in a two-year sentence were not part of a single episode of criminal conduct, and therefore, his claim that his sentence was unconstitutional is without merit.
Age discrimination inquiries increasing
Attorneys say more clients are asking about rights and laws.
Poor credit may cost jobs
Opinions vary about whether employers should be able to check personal credit histories.
Tort law case tests boundaries of ‘duty’
The Indiana Court of Appeals recently issued an opinion that answered some complicated questions about the point at which one person assumes a “duty” to another. But the panel did not reach a consensus, with one judge writing that the majority opinion could have a negative impact on public policy.
Legislation to supplement IOLTA funds passes
Effective July 1, a fee of $1 for every civil filing will be awarded to the Indiana Bar Foundation to augment funding for its pro bono districts.
State bar, southern Indiana lawyers offer aid to tornado victims
The Indiana State Bar Association has established a toll-free legal aid line for victims of the March 2 tornadoes in Southeast Indiana. Victims who call for legal information will be matched with local lawyers who have volunteered to provide free legal consultations on matters such as insurance claims, home repair contracts, landlord issues and replacing legal documents.
Divided 7th Circuit affirms ‘career offender’ conviction
The 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career offender.” But the decision was not unanimous.
Law firms step up for charitable cause Saturday
Several Indianapolis lawyers will participate in the “Fight for Air Climb” Saturday to benefit the American Lung Association.