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7371 results for 'articles'

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Timbs joins key Supreme Court decisions with Hoosier roots

March 19, 2019

Blakeman By Rachel Blakeman Tyson Timbs, the Marion defendant who challenged the 2015 seizure of his $42,000 Land Rover after selling less than $400 worth of heroin, joins the select group of Hoosier litigants who shaped constitutional law by way of this state. Last month, the U.S. Supreme Court ruled 9-0 that the Eighth Amendment […]

Indiana legal community remembers legacy of Birch Bayh

March 19, 2019

Bayh, who died March 14 at the age of 91, is being remembered by the Indiana legal community for his extensive career in public service and leadership on the major issues of his time, including civil rights and women’s rights.

A ‘First Step’ gives federal offenders chance at a fresh start

March 19, 2019

Already in the Southern District of Indiana, some 15 offenders have been released from federal prison pursuant to the First Step Act, and another 15 to 20 releases are expected soon. Reductions and releases also are expected to begin soon in the Northern District.

In heartbreak of death penalty case, attorneys find inspiration

March 19, 2019

Indianapolis attorneys had spent years — one nearly two decades — trying to secure justice for Domineque Ray, an inmate on Alabama’s death row. Their efforts were defeated Feb. 7, when Ray was executed before their eyes.

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Lawyers help vulnerable man overcome exploitation

March 19, 2019

Looking down at a page filled with words he couldn’t comprehend, Paul Mason was urged to sign on the dotted line. He had no idea he was signing away life as he knew it.

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Trump again proposes elimination of Legal Services Corp.

March 18, 2019

Proponents of providing Americans equal access to justice through civil legal aid have once again found themselves defending that cause against the Trump administration, which proposes for the third time eliminating federal funding for civil legal aid.

Opinions March 18, 2019

March 18, 2019

Indiana Court of Appeals 
Dina Hasten Cohen v. Itamar Cohen

18A-DR-2139
Domestic relation. Affirms the Marion Superior Court’s order dissolving Dina Hasten Cohen’s marriage to Itamar Cohen and the distribution of assets of the marital estate between them. Finds the trial court did not abuse its discretion in failing to include an award of interest in the equalization payments the court ordered Itamar to pay to Dina.

COA: Trial court not required to order interest on equalization payment

March 18, 2019

A woman arguing interest should accrue on marital asset payments from her former husband failed to sway an appellate panel, which concluded the trial court was not required to include interest when reducing an equalization payment to a judgment.

Justices lengthen smartphone arguments, urge counsel to discuss mootness

March 18, 2019

A woman found in contempt for refusing to unlock her smartphone in a criminal investigation has informed the Indiana Supreme Court that her criminal cases have been resolved. Now, the high court wants to hear arguments over whether her ongoing appeal is moot.

Applicants sought for Lake Superior Court vacancy

March 18, 2019

A Lake County Superior Court judge will retire at the end of next month, prompting the Lake County Judicial Nominating Commission to begin the process of selecting his successor. The vacancy will occur April 30 when Judge William E. Davis retires from his position in Lake Superior Court, Civil Division, Room Five.

COA to hear denied mistrial, attempted murder arguments in Lake, Wayne counties

March 18, 2019

The Indiana Court of Appeals will travel twice this week to hear arguments in Lake and Wayne counties involving a denied mistrial and attempted murder.

Indiana Lawyer, IBJ Media move to new Monument Circle office

March 18, 2019

Indiana Lawyer and parent company IBJ Media have a new home at the heart of the Circle City, relocating to new office space on Monument Circle. IBJ Media’s new offices are located on the third floor of the Indianapolis Power and Light Building.

Lawsuit from ex-St. Mary’s president says she was forced out

March 18, 2019

The former president of St. Mary’s College who abruptly resigned after two years with the Catholic women’s liberal arts college in northern Indiana has filed a lawsuit alleging she was forced out. The lawsuit says Janice Cervelli resigned last year from the school in South Bend after being pressured to do so by Mary Burke, chair of the Saint Mary’s College Board of Trustees.

Indiana moves toward expanding religious objection to abortion

March 18, 2019

Indiana lawmakers are moving closer to allowing nurses, physician assistants and pharmacists to object on religious or other grounds to having any role in an abortion. The Indiana House voted 69-25 on Thursday in favor of the legislation, which would expand the statute for medical professionals who don’t want to perform an abortion or participate in any procedure that results in an abortion.

Attorneys share discovery in Elkhart woman’s terror case

March 18, 2019

Prosecutors have said they are still determining which confidential items they can share with attorneys defending an Indiana woman who is accused of providing tactical gear and funds to two Islamic State fighters. Assistant U.S. Attorney Abizer Zanzi said at a status hearing in federal court Thursday that the government has shared discovery that is not confidential with the attorneys for Samantha Elhassani.

Anderson man gets probation in Indiana voter registration fraud case

March 18, 2019

A central Indiana man has been sentenced to a year of probation after pleading guilty to 30 misdemeanor counts of voter registration fraud stemming from allegations before the 2018 primary election. Datwaon Collier of Anderson entered the pleas Friday in Madison Circuit Court Division 6 in an agreement with Madison County prosecutors.

Opinions March 15, 2019

March 15, 2019

7th Circuit Court of Appeals 
Trustees of Indiana University, et al. v. Terry Curry and Christopher Gaal
18‐1146, 18‐1247 and 18‐1308
Appeal from the District Court for the Southern District of Indiana, Indianapolis Division, Chief Judge Jane Magnus-Stinson.
Civil. Reverses an injunction against an Indiana law restricting the sale, transfer, receipt and acquiring of aborted fetal tissue. Majority judges Frank Easterbrook and Michael Scudder found the statute was not unconstitutionally vague. Judge David Hamilton dissented and would have affirmed the district court.

Law exempting Bloomington, W. Lafayette from rental fee cap struck down

March 15, 2019

Rental property owners in Bloomington and West Lafayette may be getting a reduction in their registration fees after the Indiana Supreme Court struck down the exemption that allowed the college towns to charge more to landlords than the $5 mandated in state statute.

Despite counsel’s error, defendant not entitled to relief, COA says

March 15, 2019

Despite a trial attorney’s failure to include a pretrial transcript in the record on a defendant’s direct appeal, the defendant is not entitled to post-conviction relief because the Indiana Court of Appeals would not have found prejudice in the attorney’s performance, the court ruled Friday in addressing the case for the second time.

COA credits defendant for time held prior to posting bond

March 15, 2019

The Indiana Court of Appeals reversed a trial court and gave a Tippecanoe County man one day of credit, finding the rule of lenity required it to interpret the ambiguous sentencing statute in the defendant’s favor. 

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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

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • 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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