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Opinions Sept. 27, 2017

September 27, 2017

Indiana Court of Appeals
Nicholaus Knecht v. State of Indiana
06A05-1701-CR-131
Criminal. Affirms the revocation of Nicholaus Knecht’s probation and order he serve his suspended sentence in community corrections. The state proved Knecht violated his probation and he failed to show he was deprived due process.

COA chastises court for magistrates repeatedly entering final judgments

September 27, 2017

A southern Indiana trial court that has been repeatedly advised by the Indiana Supreme Court that magistrate judges may not sign the court’s findings and conclusions was told again by the Indiana Court of Appeals on Wednesday in a CHINS case to stop the practice.

COA upholds probation revocation based in part on failed conviction

September 27, 2017

The Indiana Court of Appeals found no violation of due process and sufficient evidence supported the revocation of a man’s probation for allegedly committing child molesting, even though he was acquitted on that charge.

Challenge to alcohol permit presents issue of first impression

September 27, 2017

A liquor store seeking to challenge the type of alcohol permit awarded to a Hamilton County specialty food store does not have standing to pursue judicial review under the Administrative Orders and Procedures Act, the Indiana Court of Appeals ruled in a first impression case.

Trump, GOP tax plan would cut rates for many Americans

September 27, 2017

President Donald Trump and congressional Republicans are proposing a far-reaching, $5 trillion plan Wednesday that would cut taxes for corporations and potentially for individuals, simplify the tax system and nearly double the standard deduction used by most Americans.

Indiana man allegedly threatened 2 judges, police officer

September 27, 2017

A northeastern Indiana man faces intimidation charges for allegedly threatening two county judges and a police officer.

Barrett, Kirsch scheduled for judiciary committee vote

September 27, 2017

The U.S. Senate Committee on the Judiciary is scheduled to vote Thursday on Amy Coney Barrett, the nominee to the Indiana seat on the 7th Circuit Court of Appeals, and on Thomas L. Kirsch II, the nominee for U.S. Attorney for the Northern District of Indiana, but tradition will likely intervene and cause a delay at least for the judgeship.

New faces bring flux to Indiana Supreme Court

September 26, 2017

The decline in the number of majority opinions and in the percentage of concurring opinions coming from the Indiana Supreme Court last fiscal year are being linked to the transitions in the state’s highest judicial body, which has welcomed three new justices and installed a new chief justice all within the past five years.

COA rules against card counter banned from Hoosier Park casino

September 26, 2017

A man who has been banned from numerous casinos because he counts cards when gambling lost his lawsuit against Hoosier Park and the Indiana Gaming Commission after his arrest for trespassing at the Anderson casino.

Consumer’s suit against debt collection law firm may proceed

September 26, 2017

A woman who sued an Indianapolis law firm over its debt-collection letter has plausibly stated potential violations of the Fair Debt Collection Practices Act, a federal judge ruled.

Woman pleads not guilty to neglect after crash kills kids

September 26, 2017

The mother of two young southern Indiana children killed when her SUV collided with a freight train has pleaded not guilty to charges including neglect.

Opinions Sept. 26, 2017

September 26, 2017

Indiana Court of Appeals
2444 Acquisitions, LLC v. Michael Fish
49A02-1606-MF-1315
Mortgage foreclosure. Affirms the order granting Michael Fish’s motion for turnover of the tax sale surplus funds. Finds the current action is not estopped and that equity requires the disbursement of the funds to Fish.

Indiana court has jurisdiction over Michigan man who didn’t pay for seed

September 26, 2017

Over a Michigan man’s objections, the Indiana Court of Appeals affirmed that a feed and farm supply store in northern Indiana can sue him for an unpaid bill in Indiana.

COA affirms turnover of tax sale surplus funds

September 26, 2017

A man who loaned money nearly 10 years ago to a company in exchange for a mortgage security interest in some real estate is entitled to the surplus funds from a tax sale involving that land, the Indiana Court of Appeals held Tuesday.

Juveniles are focus of CPLI summit

September 26, 2017

The Children’s Policy and Law Initiative of Indiana will be examining juvenile justice and school discipline at its annual public policy summit during the first week of October.

Full 2nd Circuit set to consider Title VII protections

September 26, 2017

The entire 2nd Circuit Court of Appeals will consider Tuesday whether Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation.

Suit targets Indiana billboards north of Ohio River bridge

September 26, 2017

An economic development group is suing a southern Indiana town over its plans to allow billboards near a new Ohio River bridge.

Indiana plans to appeal abortion law order

September 26, 2017

Indiana plans to appeal a federal judge's order that permanently blocks the state from enforcing a provision of a law passed last year that would ban abortions sought due to fetal genetic abnormalities.

Child porn convictions against grandfather affirmed

September 25, 2017

A man accused of taking pornographic pictures of his granddaughter and adding them to an extensive collection of violent child pornography cannot succeed on his claim of ineffective assistance of counsel because he failed to prove he would not have pleaded guilty had his counsel made him aware of alternative defenses, the 7th Circuit Court of Appeals ruled Friday.

Arizona ruling highlighted in Indiana birth certificate fight

September 25, 2017

The female same-sex married couples in Indiana who are fighting to include the non-birth mother’s name on their children’s birth certificates are highlighting a recent decision from the Arizona Supreme Court that confirms parental status for lesbian couples.

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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

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

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

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