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Opinions Dec. 19, 2017

December 19, 2017

The following Indiana Supreme Court opinion was posted after IL deadline Monday:
In the Matter of: Philip H. Chamberlain

53S00-1303-DI-191
Disciplinary. Suspends Philip Chamberlain for at least three years without automatic reinstatement. Finds Chamberlain engaged in attorney misconduct by committing the crime of counterfeiting.

Indiana law schools post decline in enrollment

December 19, 2017

Although nationally the number of 1L students starting law school in the 2017 fall semester increased, the 2017 first-year class enrolled Indiana’s four law schools declined by nearly 100 students compared to the class that began in 2016.

Mentally ill woman found not guilty by insanity in pastor’s shooting

December 19, 2017

After two trials and two convictions of guilty but mentally ill in the shooting death of a Southport pastor, the Indiana Court of Appeals ordered the trial court to enter a finding of not guilty by reason of insanity against the woman who admitted to the shooting.

COA partially reverses delinquent adjudication against teen

December 19, 2017

A teenager who devised a plan to shoot his assistant principal and other students while at school has had one delinquent adjudications reversed after the Indiana Court of Appeals determined the threat the student made against the assistant principal did not meet the statutory definition of intimidation.

Attorney in counterfeit scheme suspended for 3 years

December 19, 2017

A Bloomington attorney convicted of engaging in a counterfeit scheme to steal $10,000 from a client has been suspended from the practice of law for three years without automatic reinstatement.

Attorneys: Guidance needed for waiving presence at hearing

December 19, 2017

Counsel for both parties to a mental health commitment case agreed on one central issue when they argued before the Indiana Supreme Court on Tuesday: attorneys and judges need guidance on when a respondent’s right to be present at their commitment hearing can be waived.

Anderson settles lawsuit by workers fired by mayor in 2012

December 19, 2017

The city of Anderson and eight former employees have reached a settlement over their firings in 2012.

Man accused of killing doctor appears in court

December 19, 2017

A judge has entered a not guilty plea for an 18-year-old charged with murder in the fatal shooting of an Indiana University doctor and educator.

13 states sue to stop cage free eggs law in Mass.

December 19, 2017

Massachusetts is being sued by 13 other states that claim a voter-approved law to ban the sale of eggs and other food products from farm animals that are confined in overly restrictive cages is unconstitutional.

Federal judge retires as he faces accusations

December 19, 2017

The sexual misconduct allegations that have cut a swath through Congress brought down a prominent member of the judicial branch Monday with the resignation of Alex Kozinski, a federal appeals court judge known for his blunt and colorful legal opinions.

$4.2M deal for Indy justice center land

December 19, 2017

The city of Indianapolis has reached a $4.2 million deal to buy and lease land for a new $572 million criminal justice center.

Indianapolis to pay $4.2M for land to build justice center

December 18, 2017

The city of Indianapolis has taken a major step toward building the $572 million criminal justice center in the Twin-Aire neighborhood where the Citizens Energy coke plant once stood.

Opinions Dec. 18, 2017

December 18, 2017

Indiana Court of Appeals
Miguel Alvarado v. State of Indiana

12A04-1704-CR-818
Criminal. Affirms the denial of Miguel Alvarado’s motion to introduce evidence that his ex-wife’s daughter, M.L., had been molested by her mother’s new boyfriend, and the denial of his motion to reopen evidence after the state’s closing argument. Finds the Clinton Circuit Court did not abuse its discretion in refusing to admit evidence that M.L. was molested by her mother’s new boyfriend, or in denying Alvarado leave to reopen evidence.

Judge’s bid to seal exhibits denied in sex-based harassment case

December 18, 2017

A district court judge has struck down most aspects of a Huntington Circuit Court judge’s request to seal exhibits submitted as part of a sex-based harassment claim against him, finding the majority of the exhibits in question contain personal content not eligible to be kept from public view.

Theft conviction reversed for man who failed to pay restaurant bill

December 18, 2017

The Indiana Court of Appeals has reversed a man’s misdemeanor theft conviction after finding the state failed to prove the man went to a restaurant and consumed food and drink with the intention of not paying. However, the court upheld the man's related disorderly conduct conviction.

Molestation convictions upheld against former stepfather

December 18, 2017

A Clinton County man convicted of molesting his former stepdaughter has lost his appeal after the Indiana Court of Appeals determined Monday the trial court did not abuse its discretion by excluding evidence that the victim was molested by another man.

Justices to hear mental health commitment, murder appeals

December 18, 2017

The rights of respondents to be present at their mental health commitment hearings will be considered this week when the Indiana Supreme Court hears oral arguments in a case in which a man was involuntarily committed for mental health treatment without being present at his hearing.

Justices weigh if trial can proceed after prosecutor misconduct

December 18, 2017

The Indiana Supreme Court will decide if a man charged in his wife’s shooting death will finally have to stand trial after a series of judicial recusals and state misconduct resulted in the trial court dismissing the criminal case.

Amended Southern District rules to take effect Jan. 1

December 18, 2017

The Indiana Southern District Court will implement new rules relating to Social Security appeals and indigent defense fee agreements when two amendments take effect on Jan. 1.

Milroy attorney to join CLE Commission

December 18, 2017

A Milroy attorney has been appointed to join the Indiana Commission for Continuing Legal Education beginning next year.

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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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