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Appeals court rejects sexually violent predator’s habeas petition

July 31, 2019 | Dave Stafford

A man convicted of repeated child sex offenses must continue to register as a sexually violent predator, the Indiana Court of Appeals ruled Wednesday, rejecting his habeas corpus petition that asserted he was being subjected to unlawful lifetime parole.

After SCOTUS ruling, 7th Circuit reaffirms ‘crime of violence’ vague

July 31, 2019 | Katie Stancombe

The 7th Circuit Court of Appeals will stick with its initial decision to vacate and remand two men’s sentences after the United States Supreme Court concluded that the definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B) was unconstitutionally vague.

Justices to hear car dealer fee class action, clerk corruption case

July 31, 2019 | IL Staff

The Indiana Supreme Court agreed to hear two cases last week  including a class action against a Mishawaka car dealership. The court rejected about four dozen other appeal petitions, including a child in need of services case that sparked outspoken division between the justices.

Merrillville man admits killing girlfriend’s mom, brother

July 31, 2019 | Associated Press

A northwestern Indiana man faces up to 23 years in prison after pleading guilty in the fatal shootings of his girlfriend’s brother and mother.

Southern District warns of scam using court’s telephone number

July 31, 2019 | Associated Press and IL Staff

Federal court officials in Indianapolis are warning that scammers are using the court’s main phone number to scam and intimidate people.

Hobart man accused of posting Trump threats pleads guilty

July 31, 2019 | Associated Press

A northwestern Indiana man has pleaded guilty to making threats against President Donald Trump on Facebook.

8/30 – The Future of DNA (Indianapolis)

Speaker: Serafina Salamo, Indiana State Police Laboratory Date: Friday, August 30, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  Indianapolis Bar Association Contact information: Indianapolis Bar Association […]

8/29 – Advanced Family Law Roundtable (Indianapolis)

Speakers: -Kerry Hyatt Bennett, Indiana Coalition Against Domestic Violence -Dr. Joseph Kowalow, Ivy Tech -Robin B. Niehaus, Robin Brown Niehaus PC -Nissa Ricafort, Broyles Kight & Ricafort -Drew Soshnick, Faegre Baker Daniels LLP -Brian Zoeller, Cohen & Malad LLP Chairs/Moderators: -Magistrate Deborah J. Shook, Marion Superior Court -Mark A. Glazier, Cross Pennamped Woosley & Glazier […]

8/22 – Federal Court Best Practices with U.S. District Court Judge James R. Sweeney II (Indianapolis)

Speaker: Hon. James R. Sweeney II, United States District Court for the Southern District of Indiana Date: Thursday, August 22, 2019 Time (local time): 4:00 – 5:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 […]

8/22 – Connecting Information Governance and E-Discovery: Building the Foundation for Mobile and Email Discovery (Indianapolis)

Speakers: -Jonathan Mattingly, Mattingly Burke Cohen & Biederman LLP -Yaniv Schiff, QDiscovery, an XDD Company Date: Thursday, August 22, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  […]

8/21 – What Grandma Gives…the Tax Man Can Take (Indianapolis)

Speakers: -Kate Borkowski, Arrow Fiduciary Services -Sara Smith, Sara Smith CPA Group Date: Wednesday, August 21, 2019 Time (local time): 4:00 – 5:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  Indianapolis Bar Association […]

One hack, 106 million people, Capital One ensnared by breach

July 30, 2019 | Associated Press

A security breach at Capital One Financial, one of the nation’s largest issuers of credit cards, compromised the personal information of about 106 million people, and in some cases the alleged hacker, who has been arrested, obtained Social Security and bank account numbers.

Opinions July 30, 2019

July 30, 2019

Indiana Court of Appeals

Randy Rogers v. State of Indiana

18A-CR-3023

Criminal. Affirms Randy Rogers’ conviction in Marion Superior Court of Class A misdemeanor invasion of privacy, finding that text messages sent for his phone to his victim were properly admitted as evidence in his bench trial.

Fort Wayne man wants to withdraw plea in toddler’s death

July 30, 2019 | Associated Press

A northeastern Indiana man wants to withdraw his guilty plea to neglect in the death of his girlfriend’s 2-year-old daughter. Shane Patton of Fort Wayne appeared in court Tuesday and was ordered held until Aug. 13, when a hearing is scheduled for him on bond and to assign a new public defender.

Lack of counsel for father overturns adoption decree

July 30, 2019 | Dave Stafford

The Indiana Court of Appeals reversed an adoption order Tuesday, finding the child’s biological father was denied due process when the trial court failed to give him notice of his right to be represented by counsel.

Federal Civil Practice Update for the Southern District of Indiana: Practical Tips from the Bench and the Bar

Presented in Partnership with Federal Bar Association, Indianapolis Chapter Featured speakers: Co-chairs: John Maley, Barnes & Thornburg Offer Korin, Katz Korin Cunningham from the Southern District of Indiana Chief Judge Jane Magnus-Stinson District Judge Richard Young District Judge James Sweeney II Magistrate Judge Matthew Brookman District Judge Damon Leichty, Northern District of Indiana Donald Wall, […]

Tax sale for which landowner wasn’t given notice reversed

July 30, 2019 | Dave Stafford

The LaPorte County auditor’s failure to check records that would have revealed the actual address of a Michigan City property owner whose land was sold without notice for back taxes was a denial of constitutional due process, the Indiana Court of Appeals ruled Tuesday. The appeals court reinstated the landowner’s challenge to the tax sale results and remanded the case.

Text reading ‘u DONT have to testify’ properly admitted, COA rules

July 30, 2019 | Dave Stafford

A man convicted of battery resulting in bodily injury and invasion of privacy after he assaulted a woman failed to convince the Indiana Court of Appeals that an incriminating text he sent the victim was improperly admitted.

Family Law & Ethics CLE

Presented in Partnership with Presenters:  James Reed, Bingham Greenebaum Doll, Program Chair ›   New legacy trust statute and its impact on family law Justin Jones, Bingham Greenebaum Doll ›   Estate planning and trusts review for the family law attorney Kyle Montrose, Bingham Greenebaum Doll ›   “Impermissible threats” No refund will be given for cancellations received […]

Elkhart officer cleared in man’s car crash death during pursuit

July 30, 2019

Prosecutors have cleared northern Indiana police in the June car crash death of a man who was fleeing from officers.

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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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