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WikiLeaks’ Assange faces US charge after London arrest

April 11, 2019

A bearded and shouting Julian Assange was pulled from the Ecuadorian Embassy in London and hauled into court Thursday, the start of an extradition battle for the WikiLeaks founder who faces U.S. charges related to the publication of tens of thousands of secret government documents.

Justices hear probable cause questions in case of $60K seized cash

April 11, 2019

Questions of whether probable cause existed for law enforcement to seize more than $60,000 in cash from a FedEx package were heard before the Indiana Supreme Court on Thursday, with an attorney for the state urging justices to overturn recent precedent to allow the seizure.

Public was not barred from man’s trial, COA rules

April 11, 2019

A man who argued the public was barred from his trial was denied an appeal of his drug-related convictions Thursday after an appellate panel confirmed that his Sixth Amendment right to a public trial was not violated.

Tax Court rules for gamblers in interpretation of federal modification

April 11, 2019

The Indiana Tax Court granted partial summary judgment to two professional gamblers who received unwanted adjustments to their adjusted gross income tax liabilities after the court concluded the Indiana Department of State Revenue’s interpretation of federal modification was unreasonable.

Greenwood HOA fight goes back to trial court for damages hearing

April 11, 2019

A long-running fight over homeowner association fees and how they were assessed in a Greenwood housing development will return to a trial court to determine damages the HOA is entitled to from a developer and homebuilder that paid no assessments for several years.

Despite ‘not good law’ dissent, COA affirms ruling against fired worker

April 11, 2019

A former hospital police officer who wrongly believed he had been subpoenaed to testify at an unemployment hearing and was subsequently fired has lost his appeal of a judgment in favor of his former boss, with a majority of the Indiana Court of Appeals finding the officer could not overcome the at-will employment doctrine. But a dissenting judge said the majority’s ruling is “not good law.”

Scooter bill zips through Statehouse, but not yet to Holcomb

April 11, 2019

Hoosiers statewide may be able to scoot alongside other modes of transportation now that a bill aimed at regulating electronic scooter use has zipped through both Houses of the the Indiana General Assembly.

Brady confirmed to Northern Indiana District Court

April 10, 2019

Fort Wayne attorney Holly Brady has been confirmed as a judge on the U.S. District Court for the Northern District of Indiana, becoming the first judge to join that jurisdiction since May 2010.

Opinions April 10, 2019

April 10, 2019

Indiana Court of Appeals
Tre Ron Smith v. State of Indiana

18A-CR-1633
Criminal. Affirms Tre Ron Smith’s Class A misdemeanor possession of a handgun conviction. Finds police had reasonable suspicion under the federal and state constitutions to conduct a Terry stop of Smith, and they did not exceed the permissible scope of such a stop. Also finds the trial court did not err when it allowed into evidence the firearm found in the search conducted after the Terry stop. Judge Melisa May dissents with separate opinion.

Reversal: No valid settlement in Crown Point bicycle crash

April 10, 2019

Years after three Crown Point bicyclists sued each other for negligence after a crash, the Indiana Court of Appeals reversed an order and implementation of a settlement agreement when it found the parties had never come to a valid agreement.

COA’s error leads to rehearing, affirmation of TPR reversal

April 10, 2019

The Indiana Court of Appeals admitted it made an erroneous statement in reversing a termination of parental rights order and granted the Department of Child Services’ request for a rehearing. But the appellate panel Wednesday affirmed its initial opinion, concluding the error had no bearing its original ruling that a mother’s due process rights were violated.

Despite snoozing juror, meth, theft convictions affirmed

April 10, 2019

Convictions for a man who attempted to make meth were upheld by an Indiana Court of Appeals panel Wednesday after it concluded no abuse of discretion occurred when a sleeping juror in his case was replaced, and that his argument for a new trial was waived.

Divided COA upholds weapons conviction after traffic stop

April 10, 2019

A man convicted on a weapons-related charge failed to convince the Indiana Court of Appeals to overturn his conviction, arguing unsuccessfully that officers unconstitutionally stopped him and searched his vehicle. A dissenting judge, however, believes officers lacked reasonable suspicion to stop the man.

Car-dealer promoter sued over allegedly deceptive mailers

April 10, 2019

Hoosiers were lured by the chance for prizes such as a 70-inch high-definition television, $1,000 in cash or a vacation package, according to a lawsuit filed by the Indiana Attorney General Curtis Hill’s office. But what they actually received were low-value items like an MP3 player that had been purchased for $2.25, or a mail-in rebate coupon for $10 off the purchase of a turkey.

Barnes & Thornburg breaks ground on new South Bend office building

April 10, 2019

On a vacant plot along Main Street across from the federal courthouse in South Bend, Barnes & Thornburg leaders grabbed their shovels Tuesday and helped break ground on a new office building that is not only on the first new construction within the downtown business core in 20 years, but which also will carry the law firm’s moniker.

Report: Indiana’s outsized foster population lags educationally

April 10, 2019

Indiana, which places a greater percentage of its children in the foster care system than almost any other state, must take steps to close educational shortcomings for children in the system, according to a first-of-its-kind report released recently that details a wide achievement gap.

Inmate dies after being found unresponsive in jail cell

April 10, 2019

A 42-year-old inmate has died after being found unresponsive in his northern Indiana jail cell.

Man charged in slayings of boy, mom in northwestern Indiana

April 10, 2019

An Indianapolis man has been charged with murder in the fatal shootings of a 13-year-old boy and his 35-year-old mother at their northwestern Indiana home.

Low February bar pass rate likely to get post-appeal bump

April 9, 2019

As the Indiana legal profession begins to draw conclusions from the February 2019 bar exam results in which fewer than half of test-takers passed, it might want to keep in mind Yogi Berra’s observation: It ain’t over till it’s over.

Opinions April 9, 2019

April 9, 2019

Indiana Court of Appeals
Robert Earl Davis v. State of Indiana (mem. dec.)

18A-PC-556
Post conviction. Affirms the denial of Robert Davis’ petition for post-conviction relief. Finds Davis failed to show a reasonable probability that the Indiana Court of Appeals’ decision in his direct appeal would have been different absent any misstatement. Concludes the Lake Superior Court did not err in its denial of David’s request.

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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

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

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

  • Former Johnson County judge suspended after being found guilty of OWI 

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