Home » Search

Search Results

7426 results for 'articles'

To refine your search through our archives use our Advanced Search

Opinions 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

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

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

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. 

Reversal: Pre-trial home detainees entitled to credit time

A man previously denied earned credit time against his sentence received good news Friday when an appellate court reversed, finding he was wrongly denied his request. The court held pre-trial home detainees entitled to accrued time credit.

Southern Indiana District Court to offer CLE on black history

The U.S. District Court for the Southern District of Indiana will celebrate Black History Month by welcoming Marcia M. Anderson, the first African-American woman to achieve the rank of Major General in the U.S. Army and an attorney who spent more than 25 years as the clerk of the U.S. Bankruptcy Court for the Western District of Wisconsin.

Venue transfer arguments face justices’ scrutiny

In back-to-back oral arguments, the Indiana Supreme Court considered whether to grant transfer in two medical malpractice cases seemingly in conflict with each other. The debate: whether Indiana Code § 23-0.5-4-12 is a validly enacted statute or a nullity under the Supreme Court’s interpretation of Trial Rule 75(A)(4) regarding venue.

Divided 7th Circuit lifts injunction against Indiana fetal-tissue research ban

An Indianapolis judge’s ruling that blocked an Indiana law effectively banning stem cell research derived from aborted fetal tissue was reversed by a divided 7th Circuit Court of Appeals panel Thursday. The 2-1 decision is a defeat for Indiana University researchers challenging the ban, and a dissenting judge questioned the state’s motivation and intent behind a law he said threatens IU research into potential treatments for Alzheimer’s disease and other disorders.

Opinions March 14, 2019

Indiana Court of Appeals
Melba Polk-King v. Discover Bank
18A-SC-1772
Small claims. Reverses the reinstatement of Discover Bank’s small claims action against Melba Polk-King, which was dismissed for failure to prosecute. Finds the small claims court abused its discretion by granting Discover’s motion and reinstating the action against Polk-King three years after the complaint had been filed and two years after the matter had been sent to arbitration. Remands for the court to vacate its confirmation of a subsequent arbitration award and dismiss the case with prejudice.

Ex-Senator Donnelly joins Washington lobbying firm

Former U.S. Sen. Joe Donnelly of Indiana is joining a leading Washington D.C. lobbying firm. Akin Gump announced Wednesday that the Democrat would be a partner in its public law and policy group starting next month. 

California governor signs moratorium on executions

The 737 inmates on the nation’s largest death row got a reprieve from California Gov. Gavin Newsom on Wednesday when he signed an executive order placing a moratorium on executions.

In 420-0 vote, House says Mueller report should be public

The United States House of Representatives voted unanimously Thursday for a resolution calling for any final report in special counsel Robert Mueller’s Russia investigation to be made public, a symbolic action designed to pressure Attorney General William Barr into releasing as much information as possible when the probe is concluded.

Bank’s arbitration award reversed for abuse of discretion

A small claims court’s confirmation of an arbitration award to a bank after its ‘dilatory conduct’ was reversed Thursday by the Indiana Court of Appeals, which found an abuse of discretion occurred in granting the bank relief several years after the case should have been dismissed with prejudice.

Indiana legal community remembers Birch Bayh

Former U.S. Sen. Birch Bayh, a legend in Indiana politics who authored two amendments to the U.S. Constitution, has died at age 91. Bayh died Thursday morning of pneumonia, according to a statement from his family.

Goshen officer won’t face charges for shooting motorist

A northern Indiana police officer won’t face charges for shooting a motorist at the end of a chase. Elkhart County Prosecutor Vicki Becker said a grand jury convened Wednesday to evaluate the Jan. 9 shooting of Joshua Perry in Goshen declined to return an indictment.