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7364 results for 'articles'

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COA orders hearing, possible release, for man in custody

June 27, 2019

Under unusual circumstances, the Indiana Court of Appeals is asking the state to explain why a man is in custody after a chain of events stemming from charges upon which he has not been arrested.

New trial ordered in suit over deadly propane explosion

June 27, 2019

An appellate panel has ordered a new trial in a negligence case arising after a propane tank explosion killed two people in Clinton County. The Indiana Court of Appeals ruled that admission of a verbatim hearsay opinion read into evidence by a defense expert witness was prejudicial to the deceased couple’s estate. 

Justices allow seizure, turnover of $60K in alleged drug money

June 27, 2019

The Indiana Supreme Court has upheld the seizure of $60,000 in cash believed to be drug money, finding the officer who intercepted the parcel holding the cash had probable cause to think the package was related to drug trafficking. The unanimous ruling also upholds the turnover of the cash to the federal government, though it doesn’t address whether the money will be forfeited. The Court of Appeals previously had ruled the seizure was unlawful.

Teen convicted of murder wins resentencing due to ineffective counsel

June 27, 2019 | Katie Stancombe

A man who as a 16-year-old received a 181-year sentence for murder in entitled to a new sentencing hearing. The Indiana Court of Appeals concluded the Lake County teen was denied effective trial counsel during his sentencing hearing.

Holcomb appoints new Lake Superior Judge

June 27, 2019

Indiana Gov. Eric Holcomb has announced the appointment of a magistrate judge to fill a trial court vacancy in Lake County.

AG candidate calls for ‘principled, conservative’ leadership

June 27, 2019

The first candidate to announce for the Republican nomination for Indiana attorney general in the 2020 race is touting his private sector experience and is calling for “principled, conservative leadership” in the Office of the Attorney General.

Split 4 ways, justices OK warrantless blood draw for unconscious driver

June 27, 2019

The U.S. Supreme Court has ruled in a plurality decision that law enforcement officers can generally draw blood without a warrant from an unconscious person suspected of driving drunk or while on drugs. Concurring and dissenting justices warned the court was establishing cumbersome and difficult guidance for authorities facing such situations.

Judge certifies class action in Henry County Jail overcrowding suit

June 27, 2019

Current and former inmates at the Henry County Jail will proceed as a class in a federal lawsuit broadly alleging overcrowded, unconstitutional and inhumane conditions at the facility in New Castle.

Supreme Court 5-4 ruling blocks census citizenship question

June 27, 2019

The Supreme Court of the United States is forbidding President Donald Trump’s administration from adding a citizenship question to the 2020 census for now. The court said the Trump administration’s explanation for wanting to add the question was “more of a distraction” than an explanation.

5-4 Supreme Court won’t block districts drawn for partisan gain

June 27, 2019

The U.S. Supreme Court has ruled federal courts have no role to play in policing political districts drawn for partisan gain. The decision could embolden political line-drawing for partisan gain when state lawmakers undertake the next round of redistricting after the 2020 census.

Opinions June 26, 2019

June 26, 2019

The following 7th Circuit Court of appeals opinion was posted after IL deadline Tuesday.
Donald Fessenden v. Reliance Standard Life Insurance Company and Oracle USA, Inc., Group Long Term Disability Plan  
18-1346
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Vacates the Northern District Court’s summary judgment determination in favor of Reliance Standard Life Insurance Company and remands for proceedings consistent with the opinion. Holds that the “substantial compliance” exception does not apply to missed deadlines. Finds that because Reliance violated a hard‐and‐fast obligation, its late decision to deny Fessenden benefits is not entitled to deference.

IBM awarded post-judgment interest to 2017 in long-running dispute

June 26, 2019

In its second opinion issued in the years-long dispute between Indiana and IBM Corp. over the failed contract to create a new Hoosier welfare system, the Indiana Supreme Court has allowed IBM to collect post-judgment interest on its $49.5 million damages award. However, that interest will date back only to a 2017 judgment on remand, not the original judgment entered in the company’s favor in 2012, and only serves as an offset to the greater sum IBM owes the state.

Justices uphold $1.3 million judgment for crash victim

June 26, 2019

A divided Indiana Supreme Court has affirmed an award of $1.3 million to a woman suffering long-lasting injuries resulting from car wreck. The majority held that evidence of a medical expert witness’s professional license status and reasons for his professional discipline may be admissible to challenge his credibility.

Family of Indy legal startup founder sues Tesla over fatal 2016 crash

June 26, 2019

Survivors of the founder of the Indianapolis-based legal startup Case Pacer, who died after a fiery 2016 crash of a Tesla Model S, have filed a wrongful death lawsuit against the electric car maker, claiming the company built and sold a vehicle it knew was defective.

COA affirms conviction over jury lunchtime instruction challenge

June 26, 2019

If there are no intervening proceedings between the reading of preliminary instructions and a jury being excused for lunch, trial courts are not required to give admonishments required under Indiana Code Section 35-27-2-4(a) more than once, the Indiana Court of Appeals affirmed.

Black juror strike upheld despite lack of demeanor finding

June 26, 2019

A burglary conviction will stand after the Indiana Court of Appeals found race-neutral reasons to strike a black juror, though the appellate court did opine on best practices to avoid confusion in future Batson challenges.

7th Circuit reverses ruling for insurer over ‘blown deadlines’

June 26, 2019

The 7th Circuit Court of Appeals has vacated judgment for a plan administrator after concluding insurers will not receive deferential authority if they fail to meet regulatory deadlines under the Employee Retirement Income Security Act of 1974.

Lawrence retiring from Southern Indiana District Court

June 26, 2019

Senior Judge William Lawrence of the U.S. District Court for the Southern District of Indiana will retire June 30, creating a “bittersweet” moment for the federal court that was his judicial home for nearly 17 years.

Supreme Court strikes down Tennessee liquor sale residency law

June 26, 2019

The Supreme Court of the United States on Wednesday struck down a Tennessee law that makes it hard for outsiders to break into the state’s liquor sales market. The ruling also could have implications for Indiana’s liquor distribution laws.

High court declines to overrule cases on federal regulatory powers

June 26, 2019

The U.S. Supreme Court is declining to overrule two past cases that had been criticized by conservatives as giving unelected officials vast lawmaking power.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

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

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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