Indiana legislative session at halftime: what lives or died
Indiana lawmakers have reached halftime in this year’s legislative session, which has been marked more by plans deferred and legislation killed than major accomplishments.
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GOP Senate primary field is set following key deadline
The field is set for Indiana’s Republican U.S. Senate primary after a key deadline winnowed down the number of contenders.
Warrick, LaPorte judges certified as senior judges
The Indiana Supreme Court has certified two new senior judges to serve in Indiana’s trial courts.
Opinions Feb. 9, 2018
Indiana Court of Appeals
Kelly Bagsby and Aaron Bagsby v. Riley T. Snedeker
79A02-1706-CT-1315
Civil tort. Affirms the grant of Riley T. Snedeker’s motion to transfer venue. Finds the Tippecanoe Circuit Court did not abuse its discretion when it granted Snedeker’s motion.
COA reinstates wrongful death case against road contractors
A wrongful death case against a Carroll County contractor and all but one of its subcontractors will continue after the Indiana Court of Appeals found numerous material questions of fact as to whether the companies owed a duty to a man who died while driving through a construction zone in 2013.
Legal aid funding included in budget deal
As part of the $400 billion budget deal passed by Congress early Friday morning, Legal Services Corp., which provides financial support to Indiana Legal Services, will continue to receive funding about equal to its fiscal year 2017 appropriation. The White House had once proposed completely defunding the agency.
ACLU: Indiana prison violated blind inmate’s rights
The American Civil Liberties Union is suing the Indiana Department of Correction, alleging that prison officials are discriminating against a blind former inmate by refusing to let him participate in a literacy program to get his sentence reduced.
Indiana-born judge Trump taunted to rule on border wall
An Indiana-born federal judge, whose Mexican heritage Donald Trump used to paint him as biased against him in a 2016 court case because of his immigration stance, will hear arguments in a lawsuit that could block construction of a border wall with Mexico.
Indiana man accused of molesting 17 children faces lawsuit
A southern Indiana man who worked as an elementary school teaching assistant is accused of sexually assaulting 17 young children and is being sued by one of his alleged victims.
COA upholds transfer of dog-shooting case to Warren County
The Tippecanoe Circuit Court properly surrendered jurisdiction of a dog-shooting case because none of the incidents giving rise to the case, including the shooting, took place in Tippecanoe County, the Indiana Court of Appeals ruled Friday.
New judge pro tem appointed in Lawrence County
A new judge pro tempore will begin serving in the Lawrence Superior Court this month after the current judge pro tem announced he would no longer be able to fulfill his duties.
COA affirms reversal of juvenile firearm adjudication
The Indiana Court of Appeals has upheld its decision to dismiss a firearm-related adjudication against a juvenile after granting the state’s petition for rehearing to address what the court called a fundamental misunderstanding of its original decision.
McKinney professor testifies on voting case’s lasting effects
The U.S. Supreme Court’s decision in a key voting rights case necessitates the Department of Justice take corrective action before the 2020 census, an Indiana University Robert H. McKinney School of Law professor testified.
Mock trial regionals begin Saturday
Starting this weekend, more than 350 high school students from around the state will demonstrate their courtroom prowess during the 2018 Indiana Mock Trial competition.
Taft works to advance social entrepreneurship in central Indiana
Indianapolis law firm Taft Stettinius & Hollister LLP is hoping to advance what’s known as “social entrepreneurship” in central Indiana by bringing together people who want to both generate a profit and improve society with their business endeavors.
Opinions Feb. 8, 2017
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
National Foundation for Special Needs Integrity, Inc. v. Devon Reese, as Personal Representative for the Estate of Theresa A. Givens.
17-1817
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the district court’s ruling in favor of the National Foundation for Special Needs Integrity, Inc. in its dispute with Devon Reese as personal representative of the Estate of Theresa A. Givens. Finds Givens’ trust agreement is ambiguous on the question of the beneficiary of the trust. Also finds the overwhelming weight of evidence shows Givens intended for any remaining assets to pass to her children, rather than to the Foundation. Remands for entry of judgment for the estate and for an award of damages and prejudgment interest in favor of the estate.
Sweeney nomination sails through Judiciary Committee
The nomination of James Sweeney II to the Southern Indiana District Court brought bipartisan unity Thursday to the U.S. Senate Committee on the Judiciary that was divided over other nominees to the federal bench.
Judge orders ex-CEO to pay nearly $850K in SEC farm loan case
A former finance company chief who a court noted had a history of securities law violations has been ordered to pay almost $850,000 in connection with the sale of allegedly shady securities based on farm loans.
Indianapolis council members, ex-clerk sue Clay over firings
Eight members of the Indianapolis City-County Council and fired council clerk NaTrina DeBow on Thursday sued embattled council President Stephen Clay, alleging that his decision to fire DeBow and the council attorney was illegal.
Justices consider pre-mortem family settlement agreements
The Indiana Supreme Court must decide whether pre-mortem settlement agreements addressing the division of an estate’s assets are enforceable after hearing oral arguments Thursday in a probate dispute between two siblings.