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Opinions Oct. 20, 2017

October 20, 2017

Indiana Supreme Court
Richard D. Shepard v. State of Indiana

84S01-1704-CR-190
Criminal. Reverses the Vigo Superior Court’s determination of the good time credit Richard Shepard earned while in a community corrections program. Finds the community correction director lacked authority to deprive Shepard of good time credit earned. Remands to the trial court with instructions to recalculate Shepard’s credit time.

Supreme Court: Community Corrections can’t revoke good time credit

October 20, 2017

Directors of community corrections programs do not have authority to revoke inmates’ good time credit as a disciplinary measure because the Indiana Department of Correction has not yet delegated that authority to community corrections programs, the Indiana Supreme Court ruled Friday. The decision reversed rulings in the trial court and Court of Appeals.

Judge rules against workers in ‘popcorn-lung’ lawsuit

October 20, 2017

A federal judge Wednesday ruled against 27 workers who claimed they suffered respiratory injuries from exposure to a microwave popcorn butter flavor ingredient that has been linked to lung disease in the manufacturing process.

Medical-legal partnership launched in northwest Indiana

October 20, 2017

Indiana Legal Services is partnering with a Valparaiso-based health care provider to launch a first-of-its-kind medical-legal partnership program in northwest Indiana.

CLE ethics program registration deadline nears

October 20, 2017

Lawyers have an opportunity to earn two hours of continuing legal education ethics credit this month at an Indiana Lawyer program presented in partnership with Barnes & Thornburgh LLP.

Indiana woman sentenced to 36 years in death of 15-pound boy

October 20, 2017

An Indiana woman has been sentenced to 36 years in prison for neglect in the death of a 9-year-old blind boy with cerebral palsy who weighed just 15 pounds.

Indiana federal court historical film now available online

October 20, 2017

A historical documentary on the federal courts in Indiana is now available to view in full online.

Alabama inmate defiant before his execution for killing cop

October 20, 2017

A convicted cop killer who sued Alabama over its lethal injection method was put to death, but not before he cursed at the state and said: “I hate you.”

Indiana city to pay $100K in medical information settlement

October 20, 2017

A southern Indiana city has agreed to pay $100,000 as part of a settlement after a city police officer’s personal medical information was disclosed at a public meeting.

Gary man arrested in slayings of 2 women in Indianapolis

October 19, 2017

A Gary man has been charged with murder in connection with the shooting deaths of two Gary women whose bodies were discovered in a burning car in Indianapolis.

States ask court to keep up health subsidies cut by Trump

October 19, 2017

Top government lawyers representing 19 U.S. states on Wednesday asked a federal judge in California to force the administration of President Donald Trump to make health care subsidy payments that Trump abruptly cut off last week.

Opinions Oct. 19, 2017

October 19, 2017

Indiana Court of Appeals

State of Indiana v. Pebble Stafford
 39A04-1705-CR-930 
Criminal. Affirms the Jefferson Circuit Court's sentence modification reducing the time Pebble Stafford was to serve in the Department of Correction after pleading guilty to Class B felony dealing in a controlled substance, Class C felony battery and Class B misdemeanor possession of substance to interfere with a screening test. Holds that the plain language of I.C. § 35-38-1-17(e) says offenders may not waive the right to sentence modification as part of a plea agreement, and trial courts are authorized to modify sentences. Remands to the trial court to omit suspension of the remainder of her six-year term to probation and to determine whether direct placement in community corrections would be appropriate. 

Democratic National Committee chair to speak at IU McKinney

October 19, 2017

Democratic National Committee Chairman Tom Perez will present “The Lawyer’s Duty: Social Justice, Racial Justice, Economic Justice,” in the sixth annual Birch Bayh Lecture at Indiana Robert H. McKinney School of Law. The speech will be Tuesday, October 24 in the Wynne Courtroom at Inlow Hall.

More than two-thirds of Indiana counties now e-filing

October 19, 2017

Indiana courts are closing in on a goal of mandatory e-filing statewide by the end of 2018. Decatur Circuit and Superior Courts switched on e-filing in most cases Wednesday, becoming the sixty-third of Indiana’s 91 circuits to launch electronic filing.

COA: Plea deals can’t waive right to sentence modification

October 19, 2017

Offenders who enter into plea agreements cannot waive future sentence modification under the plain language of a reform passed in 2014, the Indiana Court of Appeals held Thursday.

Report: Women fastest-growing population behind bars

October 19, 2017

A first-of-its kind study finds women are the fastest-growing incarcerated population, with more than 219,000 behind bars in American jails and prisons.

Jury convicts ex-Oklahoma police officer in 4th murder trial

October 19, 2017

A white former Tulsa, Oklahoma, police officer was convicted of first-degree manslaughter late Wednesday in the off-duty fatal shooting of his daughter's black boyfriend after jurors in three previous trials couldn't decide whether to find him guilty of murder.

Second Indiana county this year ends needle exchange

October 19, 2017

A southern Indiana county has become the second in the state this year to end its needle exchange amid concerns that the programs provide illegal paraphernalia to intravenous drug users.

Survey: 41 percent of lawyers to boost cybersecurity budgets

October 19, 2017

Four in 10 lawyers plan to boost spending on cybersecurity next year, with average budget increases of 13 percent, according to a study released Thursday by a national legal consulting and staffing firm.

Indianapolis attorneys reviving lawyers’ basketball league

October 18, 2017

A group of Indianapolis-area attorneys are restarting a decades-old tradition of camaraderie and competition by reviving a local lawyers’ basketball league.

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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

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

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

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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