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Divided Supreme Court finds clerk liable for released bail proceeds

March 26, 2018

The Vanderburgh County Clerk is liable for a $5,000 cash bond she released in a criminal case while a related civil proceeding’s supplemental was pending, a ruling two dissenting Indiana Supreme Court justices fear could put clerks in a tight spot.

Opinions March 26, 2018

March 26, 2018

The following Indiana Supreme Court opinions were posted after IL deadline Friday:

In re the Adoption of E.B.F., J.W. v. D.F.
18S-AD-167
Adoption. Grants transfer and reverses the petition to adopt E.B.F. without J.W., his mother’s, consent. Finds the totality of J.W.’s circumstances justified her failure to communicate with her child for a one-year period. Also finds M.F., the father, and D.F., the stepmother’s, unwillingness to abide by the custody modification frustrated J.W.’s ability to communicate. Finally, finds J.W.’s consent was necessary to grant the adoption petition. Remands for further proceedings. Justice Geoffrey Slaughter dissents with separate opinion joined by Justice Mark Massa.

SEC litigation against former ITT executives continues

March 26, 2018

The U.S. Securities and Exchange Commission’s lawsuit against two principal officers of ITT Educational Services, Inc., continues to proceed to trial after a federal court Friday denied most of the partial summary judgment motions filed separately by the SEC and the defendants.

COA upholds man’s convictions for molesting teenage relative

March 26, 2018

A northern Indiana man convicted of molesting a teenage relative has lost his appeal of his two felony convictions after the Indiana Court of Appeals found neither the trial court nor the man’s trial counsel erred.

7th Circuit proposes document filing rule changes

March 26, 2018

Streamlining the process of filing documents with the U.S. Court of Appeals for the Seventh Circuit is the goal of a set of proposed changes to the court’s rules. Comments on the new rules are being accepted untl April 25.

COA upholds school district’s protective order against parent

March 26, 2018

A Jackson County father may only enter Seymour Community Schools property for the limited purpose of dropping off and picking up his daughter from school after the Indiana Court of Appeals determined the school district’s protective order against the father is valid.

Supreme Court reverses breach judgment against heart hospital

March 26, 2018

A longstanding dispute between a cardiologist and his former employer has ended with the Indiana Supreme Court overturning a $470,000 judgment against a heart hospital.

Divided Supreme Court: Mother was justified in not communicating with child for a year

March 26, 2018

Despite her failure to significantly communicate with her child for a one-year period, a Greene County mother’s consent to the child’s adoption was required because she spent that year working toward recovery from a drug addiction, a majority of Indiana Supreme Court justices have ruled.

Carmel thumbs nose at Indiana’s new short-term rentals law

March 26, 2018

Officials in one of Indiana’s wealthiest cities are thumbing their noses at a new state law intended to curtail local governments’ authority to regulate short-term rental platforms like Airbnb, raising the possibility of a court fight.

Ex-Indianapolis officer sentenced for shooting detective

March 26, 2018

A former Indianapolis police officer has been sentenced to 12 years in prison for shooting a detective who was investigating a domestic violence dispute between the officer and his estranged wife.

Opinions March 23, 2018

March 23, 2018

7th Circuit Court of Appeals
Robin Austin v. Walgreen Company

17-2629
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge John E. Martin.
Civil. Affirms the grant of summary judgment to Walgreen Co. Finds Robin Austin failed to prove Walgreen had actual or constructive knowledge of a hazard on its premises after she slipped and fell in a Hebron store.

Congress gives $410 million to Legal Services Corp.

March 23, 2018

The omnibus spending bill passed by Congress on Thursday includes not only funding for the Legal Services Corporation but a raise as well. The legislation provides $410 million for legal aid in fiscal year 2018, the highest appropriation since 2010.

Conour spars with court at resentencing hearing

March 23, 2018

If you ask convicted fraudster William Conour how many victims he’s liable to, he’d tell you only one – and even that one isn’t entitled to any money. The disgraced attorney was resentenced to 10 years in prison Thursday, but not before an hourlong presentation detailing why he believed the court’s findings after he pleaded guilty to wire fraud were inaccurate.

Kennedy-King Park legislation passes Congress

March 23, 2018

The Indianapolis park where Robert F. Kennedy pleaded for peace and calmed the crowd after the assassination of Civil Rights leader Martin Luther King Jr. is a presidential signature away from getting national recognition.

Justices to decide if sex offender dad can go to son’s school activities

March 23, 2018

The Indiana Supreme Court must decide if a Howard County father can attend his son’s school activities despite his serious sex offender status after hearing arguments Thursday on an ex post facto claim.

Indianapolis man found guilty in armed pharmacy robberies

March 23, 2018

An Indianapolis man was found guilty after a two-day jury trial before Jane Magnus-Stinson, chief judge for the U.S. District Court for Southern District of Indiana, in what prosecutors described as a string of armed pharmacy robberies.

7th Circuit affirms judgment for Walgreens in slip-and-fall case

March 23, 2018

The 7th Circuit Court of Appeals has affirmed summary judgment for a national drugstore chain after finding that an woman who fell in a Walgreens store in Hebron failed to prove the store had knowledge of a hazard on its premises.

Jeffersonville man accused of molesting 19 kids faces sixth suit

March 23, 2018

A Jeffersonville man charged with molesting 19 children faces a sixth civil lawsuit stemming from that alleged abuse. The lawsuit filed March 12 on behalf of one of Michael Begin Jr.’s alleged victims names the 18-year-old Jeffersonville man, the Greater Clark School Corporation and YMCA of Southern Indiana Inc. as defendants.

Man convicted in beating death of ex-Goshen councilman

March 23, 2018

A man charged with murder in the beating death of a former Goshen city councilman has been convicted of involuntary manslaughter. A jury on Thursday night returned the verdict against 22-year-old Cody Garman of Elkhart in the killing of 66-year-old David Swartley.

Indiana law schools post 2-year bar passage rates

March 23, 2018

Calling it a “comprehensive report,” the American Bar Association released a series of spreadsheets Thursday which presented the ultimate two-year bar passage rate for 2015 graduates as well as the bar passage rates for first-time takers in 2016 and 2017 from each accredited law school.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

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

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

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

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