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Pursuit of happiness can’t blunt man’s marijuana conviction

January 31, 2019

A man arrested for smoking a blunt in Indianapolis failed to convince the Indiana Court of Appeals that his misdemeanor conviction violated his constitutional rights to liberty and the pursuit of happiness. The appeal also raised the issue of the Hoosier State now being among a minority of states that have yet to legalize marijuana in some form.

Split COA: Maintenance not required in divorce of disabled spouse

January 31, 2019

A woman who receives Social Security Disability was not entitled to spousal maintenance, a divided panel of the Indiana Court of Appeals ruled, turning back a request on appeal to find that eligibility for SSD should constitute prima facie evidence of incapacity.

Former car dealer ordered to pay $140K for deceptive acts

January 31, 2019

The former owner of a Mishawaka used car dealership has been ordered to pay about $140,000 for alleged deception, including failing to deliver vehicle titles to customers.

Former Carmel swim coach sentenced for sexual exploitation

January 31, 2019

A former Carmel swim coach has been sentenced to 16 years and eight months in federal prison for sexually exploiting one of the girls he coached.

EPA expands public comment period on East Chicago lead cleanup

January 31, 2019

Federal regulators are expanding the public comment period for a proposed cleanup of the site of a former housing complex in northwestern Indiana.

Senator decides to send child labor law bill to summer committee

January 31, 2019

A state senator accused of having a conflict of interest over a bill he filed that seeks to eliminate the state’s child labor laws has essentially withdrawn the proposal from consideration this year.

Opinions Jan. 30, 2019

January 30, 2019

Indiana Court of Appeals
Robert Walker and Patricia Walker v. Megan (Buckner) Knight; Robert Walker and Patricia Walker v. Ashley Erin Carpenter

18A-MI-1768
Miscellaneous. Reverses the summary judgment orders entered in Hamilton Superior Court in favor of Megan Knight and Ashley Carpenter on Robert and Patricia Walker’s petition for grandparent visitation with C.W. and J.W. Finds the parties’ agreement to wait until stepfather’s adoptions were finalized before discussing grandparent visitation matters to be clear, unambiguous and fully understood by all parties. Remands for further proceedings on the petitions for grandparent visitation.

Investiture ceremony for Judge Hanlon Friday

January 30, 2019

Judge James Patrick Hanlon, the newest addition to the U.S. District Court for the Southern District of Indiana, will be formally sworn in at a special ceremony starting at 2 p.m. Friday in the Birch Bayh Federal Building and United States Courthouse. Southern Indiana Chief Judge Jane Magnus-Stinson will preside over the en banc ceremony in the William E. Steckler Ceremonial Courtroom.

Reversal: COA ‘stunned’ by CHINS finding for girl after fight

January 30, 2019

A teenager with behavioral problems was released from her child in need of services adjudication when the Indiana Court of Appeals found there was insufficient evidence to support the ruling.

Judge: Exonerated man’s suit against Elkhart police may proceed

January 30, 2019

A civil rights lawsuit filed by pardoned ex-prisoner Keith Cooper has been allowed to continue, with a federal judge ruling Tuesday that Cooper’s federal malicious prosecution and related claims are not time-barred. However, the judge also raised questions as to whether the relevant statute of limitations should be revised.

Abuse of corpse conviction affirmed in woman’s death

January 30, 2019

The Indiana Court of Appeals affirmed a man’s abuse of a corpse conviction, finding his confession was admissible without independent evidence because there was independent evidence to support his other confession in the same case.

Senior judge to serve as Lake Superior pro tempore

January 30, 2019

A retired Porter County judge will begin serving as a judge pro tempore in the Lake Superior Court, Civil Division 4 after the sitting judge transfers next week.

Court improperly considered military service in custody ruling

January 30, 2019

The Indiana Court of Appeals reversed a custody order when it found the trial court failed to enter appropriate findings and improperly considered a father’s military service in its determination.

COA reverses judgment against grandparent visitation

January 30, 2019

Two grandparents won their appeal to petition for visitation rights with their deceased son’s children after the Indiana Court of Appeals found a trial court erred in granting summary judgment to the children’s mothers.

Noblesville school shooter’s parents deny responsibility

January 30, 2019

The parents of a 13-year-old boy who opened fire in a Noblesville West Middle School classroom last year say they could not foresee his actions and deny any responsibility for them.

Hendricks Judge Freese faces discipline charges

January 30, 2019

A Hendricks County judge and former leader of the Indiana Judges Association is facing disciplinary charges stemming from allegations that he appointed a friend as trustee of an estate case, then failed to take prompt action upon learning that the man was not fulfilling his duties and was possibly stealing from the trust.

Lawmakers considering property tax amnesty period

January 30, 2019

Indiana legislators are considering creating an amnesty period for homeowners and businesses to pay overdue property taxes without the penalty fees and interest.

Scotty’s Brewhouse founder faces new investor lawsuit for alleged fraud

January 29, 2019

Two large shareholders in the company behind local restaurant chain Scotty’s Brewhouse have filed a lawsuit against its founder, Scott M. Wise, alleging that he made false statements and failed to properly register their shares, causing the investors to lose more than $1 million.

Opinions Jan. 29, 2019

January 29, 2019

Indiana Court of Appeals 
C.S. v. T.K.

18A-PO-1566
Protection order. Reverses the Howard Superior Court’s issue of a protective order for T.K. against C.S. Finds there is insufficient evidence to support the issuance of the protective order and a finding of stalking, as only one of three encounters between T.K. and C.S. included sufficient evidence of harassment. 

Senate Judiciary Democrats hold over federal judicial nominees

January 29, 2019

In holding over nearly 50 judicial nominees Tuesday, including two renominees for the Northern Indiana District Court, Democrats on the U.S. Senate Judiciary Committee called for a return to the traditions of honoring blue slips and relying on the American Bar Association’s evaluations.

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In This Issue

  • What’s next for companies after tariff ruling?

  • Attorneys across Indianapolis go toe-to-toe on basketball court

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

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

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Indy woman to pay $1M in restitution after using boss’ accounts to pay personal expenses

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