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COA: hearsay testimony causes harmless error

November 21, 2017

Although a trial court was wrong in permitting two police officers to recount to a jury what the defendant’s ex-girlfriend told them, the Indiana Court of Appeals ruled the admission was a harmless error.

Appeals court orders fee reimbursement for indigent defendant

November 21, 2017

A Marion County man found to be indigent is entitled to a reimbursement for the $740 in fees imposed on him by the probation department after the Indiana Court of Appeals found the Marion Superior Court abused its discretion by letting the probation department impose fees when it had not authorized such fees.

Leading lawmakers leery of boosting Indiana smoking age

November 21, 2017

Legislative leaders are leery of a proposal backed by the Indiana Chamber of Commerce to raise the state’s legal age for buying cigarettes from 18 to 21.

Ex-Indiana sheriff’s deputy resentenced to 33-month term

November 21, 2017

A former Terre Haute sheriff’s deputy convicted of federal civil rights violations has been resentenced to 33 months.

Indiana lawmakers return to Statehouse ahead of new session

November 21, 2017

Indiana lawmakers are returning to the Statehouse as they prepare for the upcoming legislative session.

Deputy prosecutor wins summary judgment on malicious prosecution claims

November 20, 2017

A deputy prosecutor accused of encouraging a criminal investigation into a former sheriff’s deputy due to connections she made from a television show based on her life has been cleared of the allegations against her after a district court judge found her actions were covered by qualified immunity.

Andretti Autosport sued over sponsorship money from HHGregg

November 20, 2017

A group representing the unsecured creditors of HHGregg has filed suit against Andretti Autosport in an attempt to claw back nearly $1.5 million in sponsorship money the now-defunct retailer paid the racing team in the months leading up to its bankruptcy.

Opinions Nov. 20, 2017

November 20, 2017

Indiana Court of Appeals

Allan Highwood v. State of Indiana (mem. dec.)
49A02-1705-CR-1083
Criminal. Affirms Allan Highwood’s conviction for battery by means of a deadly weapon as a Level 5 felony. Finds evidence of probative value was presented from which the trial court as the trier of fact could find beyond a reasonable doubt that Highwood committed the offense of battery by means of a deadly weapon.

Attorneys choose Vinovich to serve on JNC, JQC

November 20, 2017

Highland attorney and one-time Indiana State Bar Association president Daniel B. Vinovich won a three-way race to be elected as the northern Indiana attorney representative to the Judicial Nominating Commission and Judicial Qualifications Commission.

District Courts warning of jury phone scams

November 20, 2017

Federal district courts across the country are warning citizens to be vigilant against jury phone scams.

High court to consider whether to take utility rate hike case

November 20, 2017

The justices of the Indiana Supreme Court will consider whether to decide a dispute over a northern Indiana utility rate increase when it hears oral arguments on petition to transfer this week.

Pelath stepping down as Indiana House minority leader

November 20, 2017

Indiana House minority leader Scott Pelath says he’s giving up that post and won’t seek re-election next year.

Official: Prison company eyes site for ICE detention center

November 20, 2017

An Elkhart County official says the nation’s largest private prison operator is seeking land for a proposed detention center for the Immigration and Customs Enforcement agency.

Ex-Merrillville councilman admits guilt in bribery case

November 20, 2017

A former councilman for the town of Merrillville has admitted taking bribes in a federal plea agreement.

Valpo Law to meet with ABA, says it’s committed to students

November 17, 2017

Valparaiso University president Mark Heckler emphasized the law school is not closing after it announced Thursday it would suspend admission of students in 2018. However, the American Bar Association still may want a teach-out plan as is required of law schools that are ceasing operations.

Southern District Court announces selection of new magistrate judge

November 17, 2017

An Arkansas-born attorney with long ties to the Hoosier legal community has been selected to become the newest magistrate judge of the U.S. District Court for the Southern District of Indiana.

Suspect gets 27 years in plot to kidnap, kill attorney

November 17, 2017

A woman who admitted she conspired to kidnap and kill a family law attorney in Hamilton County was sentenced to 27 years in federal prison, the office of U.S. Attorney Josh Minkler announced Friday.

Law school graduate’s case won’t be heard

November 17, 2017

A federal judge has reaffirmed his decision not to hear a law school graduate’s case against the members of the Indiana Board of Law Examiners, declining to grant a motion for reconsideration based on a finding that the board’s proceedings against him were not in bad faith.

Opinions Nov. 17, 2017

November 17, 2017

Indiana Court of Appeals

Marvin Podemski v. Praxair, Inc. and Antibus Scales & Systems, Inc.
71A03-1608-CT-1927
Civil tort. Affirms the entry of summary judgment in favor of Praxair, Inc. and Antibus Scales & Systems, Inc. and the denial of Marvin Podemski’s motion to correct error. Finds the conditions presented by an air hose and the illumination of the area around the hose was known and obvious. Also finds Praxair and Antibus should not have expected that Podemski would not discover or fail to protect himself against the condition presented by the configuration of the air hose.

Summary judgment affirmed for semi-truck air supplier

November 17, 2017

The dangers presented by the placement of an air hose at a truck stop were known and obvious to a driver who fell and injured himself on the hose, making summary judgment to the owner and servicer of the hose appropriate, the Indiana Court of Appeals ruled Friday.

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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

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Marion County judge blocks state’s near-total abortion ban in religious freedom case

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