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Three magistrate finalists named for Lake County judgeship

September 26, 2018

Republican Gov. Eric Holcomb will select one of three magistrate judges to fill the vacancy on the Lake Superior Court created when Judge Elizabeth Tavitas was appointed to the Indiana Court of Appeals this summer. The Lake County Judicial Nominating Commission late Tuesday named magistrate judges Lisa A. Berdine, Thomas P. Hallett and Nanette K. Raduenz as finalists to succeed Tavitas in Lake Superior Court 3, family division.

Opinions Sept. 25, 2018

September 25, 2018

Indiana Supreme Court
State of Indiana v. Norfolk Southern Railway Company

18S-IF-193
Infraction. Finds Indiana’s blocked-crossing statute which prevents trains from blocking intersections for more than 10 minutes is pre-empted by the Interstate Commerce Commission Termination Act. Holds that Indiana’s statute, Ind. Code section 8-6-7.5-1, violates the ICCTA’s prohibition on managing or governing rail transportation by causing Norfolk Southern to change several key operations just to try to comply.       

Indiana Supreme Court greenlights blocked railroad crossings

September 25, 2018

A unanimous Indiana Supreme Court sent a message Tuesday to Hoosier motorists stuck at railroad crossings waiting for trains to pass: relax, you’re going to be there awhile. The court struck down a state law limiting blocked crossings to 10 minutes, holding that such regulations were pre-empted by federal law.

COA: Lawyer’s undiscovered fraud wouldn’t have changed guilty plea

September 25, 2018

The Indiana Court of Appeals affirmed a decision that found an attorney’s alleged misconduct would not have resulted in a different outcome of a man’s guilty plea for health care fraud.

Bill Cosby gets to 3 to 10 years for 2004 sex assault

September 25, 2018

Former television star and comedian Bill Cosby has been sentenced to three to 10 years in state prison and must register as a sexually violent predator for drugging and molesting a woman at his suburban Philadelphia home more than a decade ago.

Lake County lawyers rank judicial candidates

September 25, 2018

Lake Superior magistrate judges Kathleen Belzeski and Nanette Raduenz are being described by the local legal community as best qualified for the vacancy in Lake Superior Court, family law division.

Judge Wilkins returning home to give Birch Bayh lecture

September 25, 2018

Judge Robert Wilkins of the U.S. Court of Appeals for the District of Columbia Circuit will be returning to his home state of Indiana to deliver the 7th Annual Birch Bayh Lecture at the Indiana University Robert H. McKinney School of Law.

Justices amend appellate, small claims rules

September 25, 2018

The Indiana Supreme Court has issued several orders amending rules of the court. Among them is a change that requires any appellate party to seek court permission to amend a filed appendix, and allows trusts and trustees to represent claims of less than $1,500 without counsel in small claims cases.

Lawyer sanctioned for failure to appear in teen’s homicide trial

September 25, 2018

An Indianapolis attorney must pay a $1,000 fine for failing to appear in federal court to defend a teen being tried as an adult in an alleged gang-related killing and an armed robbery of a Broad Ripple-area pharmacy.

With newfound aggressiveness, GOP ramps up Kavanaugh fight

September 25, 2018

Brett Kavanaugh says he won’t let “false accusations drive me out of this process” as he, President Donald Trump and top Republicans mount an aggressive drive to rally the public and GOP senators behind his shaky Supreme Court nomination.

Former Vigo County schools chief charged with bribery

September 25, 2018

A former western Indiana school chief faces three felony counts of bribery for allegedly accepting gifts from a vendor.

Opinions Sept. 24, 2018

September 24, 2018

Indiana Court of Appeals
Delmar Kelly v. State of Indiana (mem. dec.)

18A-CR-1162
Criminal. Affirms Delmar Kelly’s dealing in narcotics conviction. Finds the Hendricks Superior Court did not commit fundamental error in allowing the state to present during trial evidence of Kelly’s post-arrest, pre-Miranda silence. Also finds Kelly’s due process rights were not violated.

Supreme Court to hear OWI case based on observed speeding stop

September 24, 2018

The Indiana Supreme Court granted transfer to a case on Monday involving a defendant’s motion to suppress evidence from a traffic stop that led to his arrest.

Lawyer reprimanded for collecting unreasonable fee

September 24, 2018

A South Bend attorney was reprimanded by the Indiana Supreme Court on Friday after agreeing that she violated the Rules of Professional Conduct by collecting an unreasonable fee.
 

Sweeney takes oath of office as Southern District judge

September 24, 2018

Judge James R. Sweeney II of the U.S. District Court for the Southern District of Indiana was sworn into office at 11 a.m. Monday as the Southern District’s newest judge since 2010.

Lawyer accused of forging judge’s name suspended again

September 24, 2018

A suspended Decatur lawyer who faces multiple disciplinary charges — including for accusations that she signed a judge’s name on a phony divorce order and sent emails posing as a deputy prosecutor — has again been suspended for failing to cooperate with investigations.

Man’s conviction upheld in 2 robberies of same Indiana bank

September 24, 2018

An appeals court has upheld the conviction of a man who was found guilty of robbing the same central Indiana bank twice about 15 months apart.

Portage mayor wants information blocked from federal trial

September 24, 2018

An indicted northwestern Indiana mayor is maintaining that prosecutors used a confidential informant to improperly know they had more time to investigate the case.

New sexual-misconduct accusation rocks Kavanaugh nomination

September 24, 2018

A second allegation of sexual misconduct has emerged against Judge Brett Kavanaugh, a development that has further imperiled his nomination to the Supreme Court, forced the White House and Senate Republicans onto the defensive and fueled calls from Democrats to postpone further action on his confirmation.

Gary mayor, IP practice chair carrying on Shirley’s legacy

September 21, 2018

One has realized her dream of being mayor of her hometown and the other is leading in a legal field that has typically attracted more men than women. Neither likes the spotlight, preferring to share any recognition, but both are credited with carving new paths for women and mentoring the next generation.    

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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

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

  • New habeas corpus strategy is freeing some immigrant detainees

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