Boy charged in Noblesville school shooting faces September hearing
A judge has scheduled a September fact-finding hearing for a 13-year-old boy accused of shooting another student and a teacher at a suburban Indianapolis school.
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Justices discipline lawyer for practicing while suspended
A Marion County attorney who was accused of representing a client while he was suspended and misleading her regarding his ability to handle her son’s involuntary commitment case has been suspended from the practice of law for at least two years.
Opinions June 27, 2018
The following opinion was posted after IL deadline Monday:
Indiana Supreme Court
J.R. v. State of Indiana
18S-JV-285
Juvenile. Affirms J.R.’s delinquency adjudication for dangerous possession of a firearm and carrying a handgun without a license, had he been committed as an adult. Finds the pat-down search of J.R. did not violate his rights. Finds that double jeopardy principles preclude J.R.’s dual adjudications. Remands to the juvenile court to vacate delinquency adjudication for carrying a handgun without a license.
ACLU of Indiana calls for advocacy against travel ban
With the U.S. Supreme Court upholding President Donald Trump’s travel ban, the ACLU of Indiana said Wednesday the fight to overturn the executive order to prohibits certain immigrants from entering the United States must now move from the courtroom to the grassroots.
Justices vacate juvenile gun adjudication as double jeopardy
Indiana Supreme Court justices affirmed in part a Marion Superior Court decision on Monday that found a 16-year-old delinquent. Justices affirmed the teen’s dangerous possession of a firearm adjudication but vacated his adjudication for carrying a handgun without a license, as both the state and defense agreed it constituted double jeopardy.
Decatur attorney accused of forging judge’s signature suspended
An attorney in northeastern Indiana has been suspended from the practice of law after she was criminally charged. The lawyer has been accused of signing a judge’s name to a phony order in a divorce case and sending emails to an expungement client’s widow posing as a deputy prosecutor.
Justice Kennedy retiring, giving Trump second SCOTUS pick
Supreme Court Justice Anthony Kennedy announced his retirement Wednesday, giving President Donald Trump the chance to cement conservative control of the high court.
ISBA: Free legal assistance available to flood victims
The Indiana State Bar Association and Indiana Legal Services are offering free legal assistance to victims of recent severe storm flooding in southeast and northwest Indiana.
Federal lawsuit challenges Notre Dame’s birth control rules
A lawsuit has been filed in Indiana challenging Notre Dame University’s plan to make health plan members share in birth control costs.
Supreme Court ends term without retirement
The Supreme Court has adjourned for the summer Wednesday without any sign that a justice is retiring.
Supreme Court deals big setback to labor unions
The Supreme Court ruled Wednesday that government workers can’t be forced to contribute to labor unions that represent them in collective bargaining, dealing a serious financial blow to organized labor.
St. Joseph prosecutor Cotter named IPAC chairman
St. Joseph County prosecutor Kenneth P. Cotter has begun his term as chairman of the board of directors of the Indiana Prosecuting Attorneys Council.
Judge: Separated families must be reunited within 30 days
A judge in California on Tuesday ordered U.S. border authorities to reunite separated immigrant families within 30 days, setting a hard deadline in a process that has so far yielded uncertainty about when children might again see their parents.
7th Circuit affirms tossing suit challenging NCAA 1-year rule
A proposed antitrust class action over the Indianapolis-based National Collegiate Athletic Association’s rule requiring transferring students to sit out a year was rightly dismissed, the 7th Circuit Court of Appeals ruled.
New laws for 2018
The Indiana General Assembly this year adopted new laws on matters from Sunday carryout sales to designating Say’s Firefly as the official state insect. Here is the complete list of enrolled acts signed into law this year.
President’s Column: The Bar Association’s Role as Mentor
Because you are reading The Indiana Lawyer, I’m going to assume that you’re an attorney. And if you are reading this in print format, I am going to assume that you’re at least over 40 years old. And if you’re an attorney who is at least 40 years old and you have practiced this long, […]
Oregon city ends jail contract with ICE
Springfield, Oregon, has terminated a deal with U.S. Immigration and Customs Enforcement that allows the agency to house immigrants who are living in or entering the country illegally in the Springfield Municipal Jail.
Townsend: See Purple? Check the property lines and avoid trespassing
Townsend By Andrea Townsend Effective July 1, seeing purple could mean you are about to commit trespass. Passed as part of House Enrolled Act 1233, Indiana’s “Purple Paint Statute” means that a purple paint perimeter serves the same purpose as a “No Trespassing” sign. Before July 1, criminal trespass required notice that no entry is […]
Biberstine: Devoting more money, Indiana leads in making schools safer
The shooting at Noblesville West Middle School brought a national problem to our front door. Many have asked what Indiana is doing to make schools safer. The quick answer is that Indiana has taken some large steps over the past few years and is now in a position of being a national leader for making Indiana school buildings some of the safest in the country for children.
Opinions June 26, 2018
7th Circuit Court of Appeals
The following opinion was issued after IL deadline Monday.
Peter Deppe v. NCAA
17-2275
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil plenary. Affirms dismissal of Peter Deppe’s proposed class-action against Indianapolis-based National Collegiate Athletic Association seeking an antitrust challenge of the NCAA’s “year in residence rule” requiring Division I student athletes to wait one year before they can play for their new school. Finds the requirement is an eligibility rule clearly meant to preserve the amateur character of college athletics and is therefore presumptively procompetitive under NCAA v. Board of Regents of University of Oklahoma, 468 U.S. 85 (1984) and Agnew v. NCAA, 683 F.3d 328 (7th Cir. 2012).