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Opinions Sept. 21, 2017

September 21, 2017

Indiana Court of Appeals
Devan Lampe v. State of Indiana (mem. dec.)
34A02-1706-CR-1306
Criminal. Affirms 16-year prison sentence for conviction of Level 3 felony burglary, concluding the sentence is not inappropriate in light of the nature of Devan Lampe’s offense and his character.

Rule limiting Indiana horses’ out-of-state racing struck down

September 21, 2017

Indiana’s rule barring horses purchased in claiming races from racing outside the state for 60 days was struck down by a federal judge Wednesday as an impermissible restriction of interstate commerce. The judgment may impact similar rules in other states.

Senior Judge Larry McKinney dies overnight

September 21, 2017

Larry McKinney, senior judge for the U.S. District Court for the Southern District of Indiana, died overnight. He was 73.

Judge McKinney

CFPB settles with owners of Wall Street’s worst student debt

September 21, 2017

The agreement with the Consumer Financial Protection Bureau, which was filed in Delaware federal court and still requires a judge’s approval, calls for an audit that consumer lawyers have called unprecedented.

Equifax may be happy paying $1 per customer for their hassle

September 21, 2017

While the 118-year-old credit-reporting firm has been hit with more than 100 consumer lawsuits over its massive security breach, legal experts say there’s room for a deal because neither side has a slam-dunk case.

Report: Sentencing overhaul hasn’t meant big Indiana savings

September 21, 2017

A report to Indiana lawmakers shows the state hasn't seen significant savings from an overhaul of criminal sentencing laws aimed at sending fewer people convicted of nonviolent crimes to prison.

Boone prosecutor seeking death penalty in attack on couple

September 20, 2017

A central Indiana prosecutor has filed death penalty charges against a teenager accused in the home invasion stabbing death of a 73-year-old suburban Indianapolis man and an assault on his wife.

Widow wrongly denied hearing challenging late spouse’s will

September 20, 2017

A long-married Terre Haute woman who received just a small portion from her husband’s will when he died was wrongly denied her day in court, the Indiana Court of Appeals ruled Wednesday.

Wal-Mart, worker who pointed finger in woman’s face, must face suit

September 20, 2017

Wal-Mart must face a civil assault lawsuit filed after a worker angrily pointed his finger in the face of a 79-year-old customer at its Franklin store, a judge has ruled.

First impression: Court may consider facilitated communication

September 20, 2017

The Indiana Court of Appeals in an issue of first impression Wednesday affirmed a trial court ruling that allowed a disabled minor to testify in a civil trial using facilitated communication.

District court must vacate convictions, sentences on child porn conspiracy charges

September 20, 2017

A federal judge in Indianapolis must vacate two men’s convictions and sentences on charges of conspiracy to distribute child pornography and to sexually exploit a child after the 7th Circuit Court of Appeals determined those convictions should have been merged with a child-exploitation enterprise conviction.

7th Circuit: Ex-owner did not breach noncompete clause by assisting distributor

September 20, 2017

The 7th Circuit Court of Appeals has settled a dispute between two competing companies previously owned by the same man, finding the former owner did not breach the noncompete clause by providing assistance to one of the companies.

Opinions Sept. 20, 2017

September 20, 2017

7th Circuit Court of Appeals
E.T. Products, LLC v. D.E. Miller Holdings, Inc., et al.
16-1204
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Civil. Affirms the district court’s judgment that a noncomplete clause between Doug and Tracy Miller and E.T. Products LLC was enforceable, but that the Millers did not breach it. Finds the noncompetition agreement is not overbroad.

North American Soccer League sues US Soccer Federation

September 20, 2017

The North American Soccer League — the professional soccer league that includes the Indy Eleven — has sued the United States Soccer Federation, saying it has illegally protected the monopoly position of its business partner: Major League Soccer.

Southern District to get help of Wisconsin, Illinois judicial officers

September 20, 2017

The second-busiest federal district court in the nation soon will get some relief from magistrate judges from other district courts in the 7th Circuit. The Southern District of Indiana’s ongoing judicial emergency has been compounded by the death of Magistrate Judge Denise K. LaRue.

Indiana man convicted in boy’s death to get reduced sentence

September 20, 2017

A young man originally sentenced to a 90-year prison term is getting a reduced sentence for his role in the killing of a northern Indiana boy.

Gary man gets 195 years for murders of brothers, 3rd person

September 20, 2017

A judge sentenced a Gary man to 195 years in prison in the 2015 slayings of two teenage brothers and a third person.

Senior judge to begin presiding over Hancock Circuit Court next month

September 20, 2017

An Indiana senior judge will begin presiding over the Hancock Circuit Court next month after the current judge leaves the bench.

Opinions Sept. 19, 2017

September 19, 2017

Indiana Court of Appeals
Racquel Postiglione v. State of Indiana

49A04-1607-CR-1662
Criminal. Affirms the restitution order entered following Racquel Postiglione’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds the victim’s injuries were the result of or a “direct consequences of the acts initiated by” Postiglione, even if she was not the one to break the man’s leg and ankle.

7th Circuit orders resentencing on drug conviction after finding no speedy trial violation

September 19, 2017

A Bloomington man convicted of a drug charge after his attempt to rob a purported drug stash house will be resentenced on that charge after the 7th Circuit Court of Appeals ruled the government didn’t prove the drug quantity it attributed to him.

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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

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  • 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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