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New limits proposed for civil forfeiture

October 3, 2017

After a federal judge ruled part of Indiana’s civil forfeiture framework unconstitutional, state lawmakers are now reviewing proposed legislation to bring that framework in compliance with federal mandates and prosecutors’ suggestions.

Van Winkle: Joint sessions in mediation facilitate settlement

October 3, 2017

As the mediation process has evolved, one of the most significant changes is the trend in many jurisdictions, and among many lawyers and mediators, to dispense with the initial joint session. Perhaps because most of today’s litigators did not have experience with the pre-mediation settlement process, some of the fundamental factors and dynamics that make the joint session important in the settlement process are not evident.

Study: Mediation favored; style fitting litigants’ status may be better

October 3, 2017

A novel Indiana study finds judges, lawyers and mediators broadly agree that mediation is likelier than trial proceedings to provide fair and satisfactory results for couples in family law cases. Researchers also suggest that mediators may be able to further improve outcomes by tailoring their styles to fit litigants’ circumstances.

McKinney remembered as humorous, hardworking

October 3, 2017

Senior Judge Larry McKinney of the District Court for the Southern District of Indiana is remembered as a brilliant, dedicated jurist who could also keep things light with his quick wit. McKinney died Sept. 20 at age 73.

Southern District of Indiana shoulders heavy caseload, hopes for new judge

October 3, 2017

A workhorse court within the 7th Circuit, the U.S. District Court for the Southern District of Indiana has long been designated as a judicial emergency. It’s now having to cope with the caseload made heavier by the recent deaths of two colleagues.

judge-mckinney-450bp.jpg

Justices order dissemination charge reinstated, overrule COA precedent

October 2, 2017 | Olivia Covington

A 38-year-old man who sent an explicit photo to a 16-year-old girl must face a felony charge after the Indiana Supreme Court ruled that it is illegal for adults to send sexually explicit photos to any person under the age of 18. The high court also overruled a 2009 Court of Appeals decision that had reached the opposite conclusion.

Indiana Supreme Court to hear death penalty arguments this week

October 2, 2017

The justices of the Indiana Supreme Court will consider the fate of the state’s death penalty protocol when it hears arguments this week in a case challenging the legality of how the protocol was enacted.

Red Mass scheduled for Notre Dame and Indianapolis

October 2, 2017

Two Red Masses will take place this week for members of the Indiana legal community.

Indiana couple pleads guilty to stealing $1.2M from Amazon

October 2, 2017

An eastern Indiana couple has pleaded guilty to stealing more than $1.2 million in merchandise from online retail company Amazon.

Northern District of Indiana senior judge to help the Southern District

October 2, 2017

Coping under a judicial emergency that has been exacerbated by a sudden death of a Senior Judge Larry McKinney, the U.S. District Court for the Southern District of Indiana is getting much needed help from its northern Hoosier neighbor.

Opinions Oct. 2, 2017

October 2, 2017

Indiana Supreme Court
State of Indiana v. S.G.T.
29S02-1705-CR-284
Criminal. Reverses the Hamilton Superior Court’s dismissal of the charge of Class D felony dissemination of matter harmful to minors against 38-year-old S.G.T., who sent a photo of his genitals to a 16-year-old girl. Overrules Salter v. State, 906 N.E.2d 212 (Ind. Ct. App. 2009). Finds the dissemination statute, Indiana Code 35-49-3-3(a)(1) (2008), is not unconstitutionally vague.

Tax Court rules against CVS in dispute over Monroe County store valuation

October 2, 2017

The most recent in a long line of tax disputes between the Monroe County assessor and CVS Corp. has ended with two rulings against CVS after the Indiana Tax Court affirmed assessed valuations of Monroe County CVS stores.

Juvenile court must reconsider modification petition for teen without counsel

October 2, 2017

A Kosciusko County teen who was made a ward of the Department of Correction will get another day in court after the Indiana Court of Appeals determined the teen did not waive his right to counsel at the hearing where he was made a ward.

COA affirms termination of parental rights, declines request to interpret phrase in statute

October 2, 2017

The Indiana Court of Appeals has affirmed the termination of a father’s parental rights, even though the fact-finding hearing was held outside the statutory time frame. The judges also declined to interpret whether the applicable statute contains directory or mandatory language.

First Monday in October: New Supreme Court term begins

October 2, 2017

The Supreme Court is starting its new year, with Justice Neil Gorsuch on board for his first full term.

Indiana undecided on how to spend $41M Volkswagen settlement

October 2, 2017

Indiana officials have yet to decide how to use the $41 million the state will receive from a settlement federal regulators reached with Volkswagen, which cheated on emissions tests.

Autopsy: Man who fled police fatally shot by trooper

October 2, 2017

Authorities say an autopsy determined that a man wanted by police after fleeing from a traffic stop in Columbus was fatally shot by a state trooper in southern Indiana.

Sentence affirmed for man who killed exchange students in drunk driving crash

September 29, 2017

A man convicted of killing three foreign exchange students in a violent car crash while driving drunk won't have his 38 ½-year sentence after the Indiana Court of Appeals determined he failed to prove his sentence was inappropriate.

Judges affirm intimidation conviction against man who threatened neighbor

September 29, 2017

The state presented sufficient evidence to prove a Cass County man intimidated his neighbor by engaging in a true threat against his neighbor and intending to place his neighbor in fear of retaliation, the Indiana Court of Appeals has ruled.

COA reverses CHINS finding for lack of evidence

September 29, 2017

An Allen County child will no longer be considered in need of services after the Indiana Court of Appeals determined Friday the Department of Child Services failed to provide sufficient evidence to support a CHINS finding.

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In This Issue

  • Can ChatGPT practice law? OpenAI faces first-of-its-kind lawsuit in Illinois.

  • RICO suit vs. Lilly could reap billions if successful

  • Indiana-based pork producer agrees to settlement in wage-related lawsuit

Most Read
  • 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

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

  • Ripley Co. teen sentenced to 100 years for killing 2 siblings

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