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$1 million DOJ community grant awarded to Indy’s east side

November 1, 2018

The City of Indianapolis has received another grant from the Department of Justice aimed at reducing violent crime. Announced by Mayor Joe Hogsett and Indiana Southern District U.S. Attorney Josh Minkler on Wednesday, the Community Based Crime Reduction grant is designed to assist in efforts to eliminate gun violence and crime on Indianapolis’ east side.

Unemployment benefits upheld for man who resigned after threatened demotion

November 1, 2018

The Indiana Court of Appeals affirmed the grant of unemployment benefits to a man who voluntarily resigned from his job after being told he would be demoted, finding the man’s employer failed to provide evidence as to why it wanted to demote him.

Summary judgment for law firm in legal malpractice case reversed

November 1, 2018

The Indiana Court of Appeals has reversed and remanded summary judgment for an Indianapolis law firm in a legal malpractice case after finding a question of fact as to whether an auto company had a reasonable belief that its attorney was acting as an agent for the law firm.

Justices: Proven misuse a defense to product liability claims

November 1, 2018

The Indiana Supreme Court has upheld the grant of summary judgment to a tool manufacturer sued after a man lost his eye while using one of the manufacturer’s products, finding the man’s misuse of the tool in question was the cause of his injuries and was a complete defense to his product liability claim.

Two killers keep life sentences despite ‘horrific’ upbringings

November 1, 2018

Two men convicted for the 2000 murder of a 73-year-old man have once again lost their appeal to reverse their life sentences after the 7th Circuit Court of Appeals found the sentences were reasonable, despite the men’s unfortunate upbringings.

Southern District ruling makes declawing big cats illegal

November 1, 2018

A first-of-its-kind federal order has officially held that the process of declawing large exotic cats is illegal and in a violation of the Endangered Species Act and has prohibited a Charlestown veterinarian from providing any care to such exotic cats.

Bankruptcy court seeks comment on proposed rule changes

November 1, 2018

The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment concerning proposed changes to the court’s local rules. The proposed changes to Rule B-4004-2, now known as Discharge in Chapter 13 Cases, would make the rule applicable to both Chapter 12 and 13 cases.

Singapore chief justice urges legal educators to teach to changes in practice of law

November 1, 2018

Addressing a crowd of Indiana’s legal and judicial leaders at an Indiana law school on Tuesday, the chief justice of Singapore urged Indiana’s legal educators to keep the future in mind when training today’s law students to become tomorrow’s lawyers. Chief Justice Sundaresh Menon spoke to an audience at the Indiana University Robert H. McKinney School of Law during the school’s James P. White lecture.

Bankruptcy filings continue decline with 2.2 percent decrease in FY18

November 1, 2018

New bankruptcy cases filed for the year ending September 2018 have seen more than a 2 percent decrease from the year prior, the lowest for any 12-month period since June 2007. Bankruptcy filings fell by 2.2 percent for the year end Sept. 30, 2018 compared to the year ending Sept. 30, 2017.

Justices weigh $8.5M settlement with $0 to 129M Google users

November 1, 2018

The Supreme Court struggled Wednesday over what to do about an $8.5 million class-action settlement involving Google and privacy concerns in which all the money went to lawyers and nonprofit groups, but nothing was paid to 129 million people who used Google to perform internet searches.

Jury acquits Hammond man accused of killing woman’s dogs

November 1, 2018

A jury has acquitted a northwestern Indiana man who authorities say stole two dogs that belonged to a woman he formerly dated and killed them. A jury on Wednesday cleared 24-year-old Anthony Priestas of two felony counts of killing a domestic animal.

‘Very sad day’ at Valparaiso Law School

October 31, 2018

After the Tennessee Commission of Higher Education rejected the transfer plans between Valparaiso Law School and Middle Tennessee State University, the northwest Indiana institution had no other options. Although the decision to close may not have surprised many, especially since the university had been upfront about the troubles the legal education program was having, it was still an emotional blow.

Sweeney to take ceremonial oath as judge next month

October 31, 2018

The Indiana Southern District Court’s newest member, Judge James R. Sweeney, will be ceremonially sworn into office next month.  Sweeney’s investiture ceremony will be held at 2 p.m. on Friday, Nov. 16, at the Birch Bayh Federal Building and United States Courthouse in downtown Indianapolis.

Appellate court upholds $256K award for man acquitted of theft

October 31, 2018

The Indiana Court of Appeals affirmed an award of more than $250,000 to a man falsely accused of theft after finding that the man’s accuser was not entitled to summary judgment based on qualified privilege and that the award was not excessive.

Probation revocation petition after term ended affirmed

October 31, 2018

A man convicted of a misdemeanor marijuana offense must face the prospect of revocation of his probation even though the state didn’t file a petition until after his term of probation expired.

Opinions Oct. 31, 2018

October 31, 2018

Indiana Court of Appeals
Laperria Marie Brooks v. State of Indiana

18A-CR-759
Criminal. Reverses Laperria Marie Brooks’ conviction of Class A misdemeanor resisting law enforcement after a Marion Superior Court bench trial. Remands for the conviction to be vacated because the evidence to support it is insufficient. Brooks, who was also convicted of Class A misdemeanor trespass and Class B misdemeanor disorderly conduct, appealed only the resisting conviction.

Weepy wedding guest gets conviction affirmed

October 31, 2018

Just about everybody cries at weddings, but a woman arrested while driving home from a marriage ceremony was unable to convince the Indiana Court of Appeals that the tears she shed “by the second” in the back of the police cruiser falsely elevated the concentration of alcohol in her breath.

COA: Marijuana grinder not ‘paraphernalia’ under statute

October 31, 2018

A misdemeanor paraphernalia charge against a man found with a marijuana grinder in his car has been overturned after the Indiana Court of Appeals determined the grinder did not constitute “paraphernalia” under the applicable statute.

COA upholds dismissal of adoption petition after ‘fraud on the court’

October 31, 2018

The Indiana Court of Appeals has upheld a trial court ruling setting aside a Lawrence County adoption, finding the child’s mother and grandfather committed fraud on the court by falsely claiming they did not know who the child’s biological father was in an effort to allow the grandfather to adopt the child.

COA: Angry shopper wrongly convicted of resisting

October 31, 2018

A Kroger shopper upset by the store’s refusal to cash her check without ID became disorderly and refused to leave, but the evidence against her did not support her conviction of resisting law enforcement, the Indiana Court of Appeals ruled Wednesday.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

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

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

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