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Indianapolis’ Oaktree Apartments demolition order affirmed

August 15, 2019 | Dave Stafford

A demolition order for a northeast-side Indianapolis apartment complex vacant for more than five years was affirmed Thursday by the Indiana Court of Appeals, which stopped short of ordering the dilapidated property’s owners in England to pay the city’s legal fees in long-running nuisance litigation.

Man charged after tirade at son’s school gets probation

August 15, 2019 | Associated Press

A man who allegedly trying to ram police vehicles responding to his reported tirade at a South Bend school in 2017 has been sentenced to probation.

Crown Hill Cemetery objects to John Dillinger exhumation plans

August 15, 2019 | Associated Press

The Indianapolis cemetery where 1930s gangster John Dillinger is buried is objecting to his body’s planned exhumation as part of a television documentary.

Receiver for million-dollar Corvette affirmed but bond required

August 15, 2019 | Dave Stafford

Long-running litigation over the fate of a legendary Corvette racecar appears slightly closer to the finish line, as an appeals court Thursday gave the green flag to a receivership appointed to sell the car. However, the appellate panel instructed the trial court to require the receiver be bonded as required by law.

Felony drug conviction affirmed, but public defender fee reversed

August 15, 2019 | Dave Stafford

A man’s felony drug convictions were affirmed Thursday, but a trial court’s order requiring him to pay a $250 public defender fee and reimburse a northern Indiana county for his medical expenses were struck down by the Indiana Court of Appeals.

Opinions Aug. 14, 2019

August 14, 2019

The following 7th Circuit Court of Appeals opinions were posted after IL Deadline Tuesday.
Dustin Higgs v. United States Park Police
18-2826, 18-2937
Appeals from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Finds the Southern District Court erred in finding that the public interest prevailed over the privacy interests of the individuals involved in evidence for Dustin Higgs’ murder of three women and should have refused disclosure of those documents pursuant to Freedom of Information Act Exemptions 6 and 7(C). Affirms that certain documents were properly withheld under FOIA Exemption 7(D).

7th Circuit rules against inmate’s FOIA requests in triple-murder

August 14, 2019

A Southern District Court judge’s order that the federal government disclose personal information stemming from a triple murder it had previously refused to turn over has been reversed. The 7th Circuit Court of Appeals found that public interest does not support the information’s disclosure, simultaneously affirming that certain documents were protected by an exception of the Freedom of Information Act.

Two Carmel law family law firms join forces

August 14, 2019 | Indianapolis Business Journal Staff

Two Carmel-based law firms that specialize in family law and divorce have tied the knot. Hollingsworth & Zivitz, founded in 2004, has merged with Roberts Means LLC, established in 2012, to form Hollingsworth Roberts Means, the new firm announced Tuesday.

NIPSCO loses appeal in damaged gas line small-claims suit

August 14, 2019 | Katie Stancombe

An excavation company found at fault for the destruction of a new home’s gas line will still have to pay up to the Northern Indiana Public Service Company despite the latter’s assertion that the company could not be held liable for a landscaper’s failure to mark the gas lines.

Positive drug test from driver’s hair weave creates legal tangle

August 14, 2019 | Katie Stancombe

A woman whose hair weave sample returned a positive test after she claims she was denied the chance to submit her natural hair for a random employment drug screen will have a chance to make a negligence claim against the lab, a federal court ruled.

Incoming classes strong at Indiana law schools

August 14, 2019 | Marilyn Odendahl

As classes begin for the 2018-2019 academic year, all Indiana law schools are marking historical milestones.

Leader of BAE tuition reimbursement scam sentenced

August 14, 2019 | Associated Press

A Fort Wayne man has been sentenced to a year in prison and ordered to pay $566,000 in restitution for a tuition reimbursement scam involving dozens of former employees of a British defense contractor.

Indiana couple sues Uber over fatal fight with Kentucky driver

August 14, 2019 | Associated Press

An Indiana couple is suing Uber over a fatal fight with a Kentucky driver they say pulled a gun on them last summer.

Reports: Epstein jail guards suspected of falsifying logs

August 14, 2019 | Associated Press

Jail guards on duty the night Jeffrey Epstein apparently killed himself in a federal prison cell in Manhattan are suspected of falsifying log entries to show they were checking on inmates every half-hour as required, according to a person familiar with the investigation into the financier’s death.

Indiana legislator jailed on drunken driving, other charges

August 14, 2019 | Associated Press

A state legislator from Indianapolis was arrested over the weekend on suspicion of drunken driving and impersonating a police officer.

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Opinions Aug. 13, 2019

August 13, 2019

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
USA v. Lindani Mzembe, et al.
16-4258, 17-1060, 17-1412, 17-2268 & 17-2269
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Affirms Ivan Brazier’s 444-month sentence for conviction of kidnapping and making a ransom demand. Reverses and vacates Lindani Mzembe and Derek Fields’ 18 U.S.C. § 924(c) convictions and sentences for discharging a firearm in furtherance of a crime of violence, remanding their cases for resentencing based on later decisions issued by the U.S. Supreme Court and 7th Circuit Court of Appeals.

Woman jailed over pursuit of debt wins partial judgment

August 13, 2019 | Katie Stancombe

A woman arrested for failing to pay off a health club debt she thought had been discharged nearly 10 years earlier partially won a judgment against the law firm that pursued collection on the debt.

Justices reprimand lawyer who failed to file appeal

August 13, 2019 | Dave Stafford

A suspended Fort Wayne attorney who previously failed to timely file a client’s appeal with a federal agency, ultimately leading to the claim’s dismissal after another attorney unsuccessfully tried to remedy the timeliness issue, has been publicly reprimanded by the Indiana Supreme Court.

7th Circuit reverses, remands two kidnapping enhancements

August 13, 2019 | Katie Stancombe

Three men who kidnapped and tortured a South Bend man have received different rulings from the 7th Circuit Court of Appeals, which affirmed a 37-year prison sentence for one defendant and vacated 10-year firearm enhancements for the other two.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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