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Attorney convicted of cocaine charge suspended 3 years

November 16, 2018

A Marion attorney already under interim and administrative suspensions has been suspended from the practice of law for at least three years for professional misconduct, including her continual abuse of cocaine.

Judge: Indy deputy used excessive force ‘sadistically and maliciously’

November 16, 2018

A Marion County sheriff’s deputy used excessive force against a former jail inmate “sadistically and maliciously,” a federal judge determined, ruling in favor of the inmate and ordering a determination of damages he is owed.

Man competent for trial in ex-girlfriend’s gruesome killing

November 16, 2018

A Jeffersonville man accused of killing his ex-girlfriend and eating parts of her body has been found competent to stand trial.

Judge: White House must return CNN’s Acosta’s credential

November 16, 2018

A federal judge Friday ordered the Trump administration to immediately return the White House press credentials of CNN reporter Jim Acosta, saying Acosta suffered “irreparable harm” from the decision to bar him.

Opinions Nov. 15, 2018

November 15, 2018

Indiana Court of Appeals
Jose Andrade v. City of Hammond and Hammond Board of Public Works and Safety

18A-MI-1199
Miscellaneous. Affirms the Lake Superior Court’s order affirming a decision made by the Hammond Board of Public Works and Safety that Jose Andrade restore a 1927 home he owns to a single-family dwelling. Finds the board did not exceed its statutory authority when it issued the order. Finds there is sufficient evidence to prove the home was intended as a single-family dwelling. Lastly, finds the city’s failure to comply with Andrade’s discovery request does not merit reversal.

Woman pleads not guilty in students’ bus stop deaths

November 15, 2018

A Rochester woman accused of striking and killing three children with a pickup truck as they crossed a highway to board a school bus entered a preliminary not guilty plea Thursday.

Trump backs first sentencing law overhaul in decades

November 15, 2018

President Donald Trump on Wednesday announced his support for the first major rewrite of the nation’s criminal justice sentencing laws in a generation, but it remains to be seen whether the proposal can pass Congress.

Order to return 5-unit apartment to single-family house upheld

November 15, 2018

The Indiana Court of Appeals affirmed a public works and safety board’s order that a man restore a property he uses as apartments back to a single-family dwelling after finding the home to be unsafe and sufficient evidence proved it was not a multi-family unit.

COA: Defendant with transcript has no right to trial recording

November 15, 2018

A trial court’s decision to decline to provide a criminal defendant with an electronic recording of his trial has been upheld, with the Indiana Court of Appeals ruling the defendant did not have a right to the electronic copy because he already had received the trial transcript.

School closing postpones traveling oral argument

November 15, 2018

A school closing due to winter weather postponed an oral argument that had been scheduled for Thursday on the north side of Indianapolis. The closing of North Central High School forced the rescheduling of oral arguments in Jazzmen Bails v. State of Indiana, and a new date and location was not immediately available.

Judge: Race, age discrimination claims against Amazon may proceed

November 15, 2018

An age and race discrimination case against online shopping giant Amazon will proceed after a district judge in Indianapolis partially declined to dismiss claims brought by a former employee.

New Notre Dame research effort boosts private law program

November 15, 2018

Notre Dame Law School students interested in the area of private law now have a chance to further their studies with assistance from a research program introduced last week.

Flake vows to oppose judges unless Mueller bill gets a vote

November 15, 2018

Republican Sen. Jeff Flake said Wednesday that he won’t vote to confirm judicial nominees unless GOP leaders hold a vote on legislation to protect special counsel Robert Mueller from being fired.

Board fires South Bend officer involved in fatal crash

November 15, 2018

A public safety board has voted to fire a South Bend police officer who was involved in a fatal car crash while on duty.

Woman charged in bus stop crash that killed 3 due in court

November 15, 2018

A Rochester woman charged in a school bus stop crash that killed three children is due in court for her first hearing in the case.

Second man faces charge in off-duty officer’s 1980 death

November 15, 2018

Another man is facing a murder charge in the 1980 shooting death of an off-duty northwestern Indiana police officer. A 68-year-old man released this summer from an Illinois prison sentence has been charged in the slaying of Hammond officer Lawrence Pucalik.

Opinions Nov. 14, 2018

November 14, 2018

7th Circuit Court 
Richard N. Bell v. Vacuforce, LLC, Appeals of: Paul B. Overhauser

18-1368, 18-1159
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence. 
Civil. Affirms the Southern District Court’s imposition of sanctions on Paul Overhauser for filing a motion found to be frivolous and misleading. Finds the district court did not abuse its discretion in imposing sanctions for filing a motion for fees that was baseless and rested on “an infirm factual foundation.” Also rejects Overhauser’s notion that a party can “prevail” for purposes of a fee-shifting statute by paying a settlement and obtaining a dismissal with prejudice.  

7th Circuit affirms sanctions in Indy photo copyright dispute

November 14, 2018

The 7th Circuit Court of Appeals has affirmed the imposition of sanctions against an attorney for filing a frivolous and misleading motion against another attorney who claims his copyrighted photo of the Indianapolis skyline was used without permission by the defendant’s client.

COA upholds grant of treble damages, denial of liability

November 14, 2018

The Indiana Court of Appeals has affirmed the award of more than $56,000 in treble damages to a senior woman deprived of a written contract by a remodeling company while also finding the men who owned the company conducting the work were not personally liable to her. 

Man’s misdemeanor resisting conviction overturned under continuous crime doctrine

November 14, 2018

The Indiana Court of Appeals has partially reversed a man’s two convictions for resisting law enforcement after finding both of the convictions cannot stand under the continuous crime doctrine.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

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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