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Holcomb praises Supreme Court’s online sales tax ruling

June 22, 2018

Indiana Gov. Eric Holcomb is praising a U.S. Supreme Court ruling that says states can force online shoppers to pay sales tax. The 5-4 decision Thursday overturns earlier rulings, which determined companies shipping products to states where they didn’t have a physical presence weren’t obligated to collect the states’ sales tax.

Justices: Motel room used for sting operation was not ‘place of detention’

June 21, 2018

The Indiana Supreme Court has upheld the admission of incriminating statements made in a motel room during an undercover drug investigation after finding the motel room was not a “place of detention” requiring an electronic record of the statements. The court also created a test for analyzing whether a location can be considered a “place of detention” under Indiana Evidence Rule 617.

Opinions June 21, 2018

June 21, 2018

7th Circuit Court of Appeals
The following opinions were posted after IL deadline on Wednesday.
Pain Center of SE Indiana, LLC v. Origin Healthcare Solutions LL
17-1276
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Reverses the United States District Court’s grant of summary judgment for Origin on Pain Center’s breach of contract, finding claim was timely. Affirms the trial court’s entry of summary judgment for Origin on all other claims. Remands for further proceedings.

Congress told more Southern District judges needed

June 21, 2018

Judicial leaders reiterated the urgent need for additional judgeships in the Southern District of Indiana and elsewhere before a House subcommittee Thursday. The Southern District is struggling under the weight of increasing caseloads and saw a 30 percent increase in cases in 2017.

7th Circuit affirms drug dealer’s life sentence

June 21, 2018

The 7th Circuit Court of Appeals ruled in favor of the United States on Wednesday, affirming a man’s conviction and life sentence for buying and selling large amounts of narcotics.

Southern District revises pending local rule amendments

June 21, 2018

A clerical revision was made to amended local rules for the United States District Court for the Southern District of Indiana that will take effect July 1.

7th Circuit reinstates pain clinic’s claim against billing provider

June 21, 2018

A chronic pain clinic that lost more than a year’s worth of insurance claims through its billing software had its potentially multi-million-dollar breach of contract claim against the provider reinstated Wednesday by the 7th Circuit Court of Appeals.

High Court: Online shoppers can be forced to pay sales tax

June 21, 2018

The Supreme Court says states can force online shoppers to pay sales tax. The 5-4 ruling Thursday is a win for states, who said they were losing out on billions of dollars annually under two decades-old Supreme Court decisions that impacted online sales tax collection.

Slain woman’s parents reach settlement in insurance suit

June 21, 2018

The parents of a northwestern Indiana woman who was fatally shot in 2011 have reached a settlement with an insurance company over damages in connection with the man convicted in her killing.

Second man sentenced in South Bend shootout that killed 2

June 21, 2018

The second of six men charged in connection with a double slaying in northern Indiana has been sentenced to decades in prison.

Trump’s immigration order sparks confusion, concern

June 21, 2018

President Donald Trump’s reversal of a policy separating migrant families at the Mexico border sparked confusion over how the new guidelines will play out and deep concern that the changes don’t go far enough, allowing children to still be held in detention even if they remain with their families.

7th Circuit upholds denial of fraud on the court, attorney sanctions

June 20, 2018

The 7th Circuit Court of Appeals has upheld the denial of an Indiana’s man motion alleging fraud on the court and affirmed sanctions against his attorney, finding the district court did not err when making either ruling.

Opinions June 20, 2018

June 20, 2018

7th Circuit Court of Appeals
The following opinion was posted after IL deadline Tuesday:

Bennie Kennedy v. Schneider Electric
17-1645 & 17-1786
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Affirms the United States District Court’s denial of Bennie Kennedy’s motion to set aside summary judgment for fraud on the court. Affirms the court’s decision to impose sanctions on Kennedy’s lawyer under Rule 11 for accusing the defendant’s lawyers of suborning perjury.

Justices reinstate murder, drug convictions after invited error

June 20, 2018

The Indiana Supreme Court has overturned a ruling for a convicted murderer to get a new trial and instead reinstated the murder and drug convictions after determining the defendant invited the structural error that compromised his right to an impartial jury.

Carmel attorney suspended for not communicating with clients

June 20, 2018

A Carmel attorney who contracted with a Texas law firm but did not engage with the clients he represented as part of the contractual relationship has been suspended from the practice of law in Indiana for 30 days.

Divided COA: Court erred in dismissing charges after 1 year

June 20, 2018

The Indiana Court of Appeals ruled in favor of the State of Indiana to reverse a trial court decision dismissing charges against a Warrick County man.

Justices reverse 13-year-old’s bomb threat case on Miranda grounds

June 20, 2018

A boy alleged to have written bomb threats on a bathroom wall at Decatur Middle School was deprived of his Miranda rights under police interrogation and his statements should have been suppressed, the Indiana Supreme Court ruled Wednesday.

Justices: No Miranda violation in school delinquency case

June 20, 2018

A 17-year-old boy adjudicated delinquent for spray painting sexual graffiti on bathroom walls at Brownsburg High School was not required to be read his Miranda rights because he was only interviewed by a school official, not by police, the Indiana Supreme Court ruled.

Justices reverse NIPSCO rate increase, limit hikes for nonspecific projects

June 20, 2018

A utility rate increase to fund nearly $20 million of improvements for a northern Indiana power utility was struck down by the Indiana Supreme Court on Wednesday in a ruling the court said “will likely have enormous financial consequences for utilities and their customers.”

COA: Officer’s testimony of speeding alone insufficient for traffic stop

June 20, 2018

A man who argued his Fourth Amendment rights were violated when he was arrested after a traffic stop prevailed Wednesday before the Indiana Court of Appeals, which reversed a trial court’s denial of his motion to suppress evidence from the stop.

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

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

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

  • 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

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