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Threats enough for COA to uphold intimidation conviction

January 17, 2018

The Indiana Court of Appeals has upheld a felony intimidation conviction against a man who threatened to cut his ex-girlfriend’s throat, finding evidence of the man’s subsequent bad acts was admissible.

Opinions Jan. 17, 2018

January 17, 2018

Indiana Court of Appeals
James Hill v. State of Indiana

45A04-1702-CR-325
Criminal. Affirms the denial of James Hill’s motion to dismiss charges of murder, murder in perpetration of robbery and attempted robbery. Finds Hill has not demonstrated prejudice in the 36-year delay in charging him. Remands.

Despite ‘tenuous’ 36-year charging delay, murder trial proceeds

January 17, 2018

While the Indiana Court of Appeals found the state’s reasons “tenuous at best” for a 36-year delay in charges against a Lake County man accused of the murder of a Hammond police officer, the appellate court on Wednesday ordered the trial to proceed.

Curry to file for third term as Marion County prosecutor

January 17, 2018

Marion County prosecutor Terry Curry has announced his plans to run for a third term in 2018. The two-term Democratic prosecutor announced Wednesday he will file his candidacy paperwork in the Marion County Clerk’s Office today.

Speedway attorney’s discipline added to indefinite suspension

January 17, 2018

A Speedway attorney with a lengthy disciplinary history has been suspended from the practice of law in Indiana for 90 days, a suspension that will run concurrently with the indefinite suspension he is already under.

Supreme Court takes RV dealer’s tax case

January 17, 2018

An Indiana case dealing with out-of-state tax issues will come before the Indiana Supreme Court after the justices unanimously granted review to a dispute between the Indiana Department of State Revenue and a Hoosier RV dealer.

Council panel OKs spending $55M for some justice center construction costs

January 17, 2018

An Indianapolis City-County Council committee on Tuesday night unanimously approved spending $55 million to pay for a fraction of the construction funding to build the city’s proposed criminal justice center.

Ex-DCS chief Bonaventura joins AG’s staff as special counsel

January 17, 2018

Former Indiana Department of Child Services Director Mary Beth Bonaventura will join the Indiana Attorney General’s Office as special counsel Monday, a move that comes less than a month after she resigned from her DCS post with a scathing resignation letter to Gov. Eric Holcomb.

Future of CBD sales still unclear after 2-hour testimony

January 16, 2018

The future of the sale of cannabidiol, or CBD, oil in Indiana remains unknown after an Indiana senator declined to call for a vote on two bills that would legalize the sale of the substance if certain specifications are met.

Advocates: Indiana’s prosperity depends on hate crime law

January 16, 2018

Emphasizing the economic as well as social benefits of hate crime laws, an energic and diverse crowd rallied inside the Indiana Statehouse Tuesday in support of two bills that would add penalties for crimes motivated by bias.

Opinions Jan. 16, 2018

January 16, 2018

Indiana Court of Appeals
House of Prayer Ministries, Inc. d/b/a Harvest Christian Camp v. Rush County Board of Zoning Appeals; Milco Dairy Farm, LLC

21A01-1707-MI-1693
Miscellaneous. Affirms the denial of House of Prayer Ministries, Inc.’s petition for judicial review of the Rush County Board of Zoning Appeals’ grant of a special exception to Milco Dairy Farm on its construction and operation of a concentrated animal feeding operation. Finds the BZA’s consideration of the public interest and the impact of the CAFO on surrounding properties was not contrary to law. Also finds House of Prayer failed to prove the BZA improperly considered setback requirements, or that the BZA’s decision violated its right to an impartial tribunal. Finally, finds House of Prayer failed to prove BZA’s grant of a special exception violated its religious rights and state and federal law.

Senate to hear fixed-sentence modification bill

January 16, 2018

An amended version of a bill that would limit courts’ ability to modify fixed-sentence plea agreements is now headed to the full Indiana Senate. A committee advanced legislation would require a prosectuor’s consent to change such sentencing agreements.

Religious camp loses appeal against Rush County CAFO

January 16, 2018

A Rush County religious camp has lost its appeal of the grant of a confined animal feeding operation to a local farm after the Indiana Court of Appeals found the Rush County Board of Zoning Appeals did not err in approving the CAFO.

COA reinstates fraud, bad faith suit against State Farm

January 16, 2018

A fraud suit against State Farm Insurance brought by one of its insured will continue in trial court after the Indiana Court of Appeals ruled Tuesday there were genuine issues of material fact precluding the grant of summary judgment to the insurer.

Workplace rights lawyers racing against shifting legal landscape

January 16, 2018

While employers across America paid a record amount in settlements for workplace violations last year, don’t expect it to be the beginning of a trend. Think of it more as the storm before the calm, as labor lawyers rush to lock in payouts ahead of a shifting legal landscape.

Notre Dame Law School clinic secures disease detection patent

January 16, 2018

Detecting cancers and cardiovascular diseases now may be a bit easier thanks to a new patent secured by the Notre Dame Law School’s Intellectual Property and Entrepreneurship Clinic. The portable invention may help doctors detect such serious diseases faster and more economically by using biomarkers.

Child molester’s plea didn’t void right to appeal sentence

January 16, 2018

A man who pleaded guilty to child molestation was not wrongly denied post-conviction relief, but the trial court erred in ruling that he could not directly appeal his sentence imposed after the plea agreement, the Indiana Court of Appeals ruled Tuesday.

High court rejects Texas Democrats’ gerrymandering complaint

January 16, 2018

The U.S. Supreme Court has dismissed an appeal from the Texas Democratic Party charging that the Republican-controlled Legislature illegally gerrymandered the state’s electoral maps.

Suit by female Ogletree shareholder alleges gender discrimination

January 16, 2018

Employment defense firm Ogletree Deakins Nash Smoak & Stewart P.C., which has a significant presence in Indianapolis, is accused of discriminating against female shareholders in a federal lawsuit seeking $300 million in damages on behalf of 100 non-equity women shareholders at the firm.

Fishers wants to ban vaping in city parks

January 16, 2018

An Indianapolis suburb wants to ban vaping in its parks, where cigars, cigarettes and pipes are already prohibited. A proposed ordinance drafted by Fishers’ parks department will go before its city council Tuesday night. It states that the proposed ban is “in the spirit of promoting a culture of health and positive example for youth.”

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

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

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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