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.
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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).
Discipline and data: New laws continue rethinking approach to troubled youths
Bills dealing with suspension of students and the collection of data on discipline continue an evolution of how the state deals with children at school.
COA: Ex’s contempt order was valid but violated federal law
A trial court’s contempt order against a man who named his current wife beneficiary of his military survivor benefits was valid, even though the court’s order that the ex-husband redesignate his ex-wife violated federal law, the Indiana Court of Appeals found Tuesday.
Michael: Educational liability and the epidemic of school shootings
School shootings in the United States have averaged one per week since the beginning of 2018. This is indeed an alarming statistic, and Indiana has not been untouched by these tragedies. As of yet, however, the question of how to prevent them from happening again has gone unanswered.
After Noblesville school shooting, juvenile waiver a hot topic
On the heels of the recent Noblesville school shooting involving a 13-year-old suspect, lawmakers pledged to review Indiana’s juvenile waiver laws to determine if Title 31 should authorize more situations where a minor could be transferred out of juvenile court.
Extra $25M for DCS dwarfed by prior increases, children’s needs
The $25 million Gov. Eric Holcomb recently pledged in additional funding for the Department of Child Services is not the first infusion of extra money given to the agency in recent years. In fact, the sum is one of the smaller supplements to the department’s annual state appropriation, which is more than $600 million.
Man gets time-served after testifying in Indiana murder case
A 28-year-old man has been sentenced to time-served after he helped prosecutors convict another man in a central Indiana woman’s slaying during a robbery. He has been in jail more than 3 years.
Man convicted of murder, robbery in ex-girlfriend’s killing
A man has been convicted of murder, robbery and obstruction of justice in the fatal shooting of his ex-girlfriend, a student at the University of Southern Indiana. A jury returned the verdict Monday in the case against 23-year-old Isaiah Hagan.
Indiana man held in police standoff dies in jail cell
A northwestern Indiana man who was arrested in March following a nearly seven-hour police standoff has died in his jail cell. Fifty-eight-year-old Edrie Scott Hunt was pronounced dead Friday at the Tippecanoe County Jail after his cellmate alerted guards that Hunt was unresponsive.
Indianapolis pays $650K to family of slain unarmed black man
The city of Indianapolis has agreed to pay $650,000 to settle a lawsuit filed by the family of an unarmed black man fatally shot last year by police officers during a traffic stop.
Court upholds Trump travel ban, rejects discrimination claim
A sharply divided U.S. Supreme Court on Tuesday upheld President Donald Trump’s ban on travel from several mostly Muslim countries, rejecting a challenge that it discriminated against Muslims or exceeded his authority. A dissenting justice said the outcome was a historic mistake.
Killer’s murder, arson convictions affirmed on appeal
A Vigo County man convicted of killing a woman and then setting fires in an attempt to cover up the evidence lost his bid to have some of his convictions overturned Tuesday.
Appeals panel affirms denial of drug suppression after vehicle search
A man arrested after police ordered him to exit his parked car when officers smelled burned marijuana could not convince the Indiana Court of Appeals that the evidence of drug possession should be suppressed at his criminal trial.
U.S. Supreme Court voids part of crisis pregnancy center law
The U.S. Supreme Court says a California law that forces anti-abortion crisis pregnancy centers to provide information about abortion probably violates the Constitution.The 5-4 ruling Tuesday also casts doubts on similar laws in Hawaii and Illinois.
IndyBar: Defense-Friendly Updates — DUIs and Maintaining Common Nuisance in a Vehicle
The Indiana Court of Appeals (COA) has issued two recent opinions that change things in the world of Operating a Vehicle While Intoxicates (OVWIs; they’re sometimes known as Driving Under the Influence or DUIs) and Maintaining a Common Nuisance (MCN) in a vehicle.