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Divided court reverses drug convictions for lack of probable cause

July 31, 2017

Despite a search pursuant to warrants that led to the discovery of more than 60 pounds of marijuana in a man’s Indianapolis home, the man’s drug convictions will be overturned after a divided panel of the Indiana Court of Appeals determined there was a lack of probable cause to support the issuance of the warrants.

Opinions July 31, 2017

July 31, 2017

Indiana Tax Court
William R. Larsen v. Indiana Department of State Revenue
49T10-1503-TA-8
Tax. Denies the Indiana Department of State Revenue’s motion for summary judgment in William R. Larsen’s challenge to its assessment of adjusted gross income tax for the 2013 tax year. Grants summary judgment in favor of Larsen. Finds Larsen has provided documentation that verifies the eligibility for his children for the federal dependency exemptions and shows those exemptions were allowed, so he was entitled to the Indiana dependency deductions in 2013.

Appellate court rules in favor of man’s estate on uninsured motorist claim

July 31, 2017

The Elkhart Superior Court properly found a Goshen man’s estate was entitled to recover under the uninsured motorist policy held by his employer, the Indiana Court of Appeals ruled Monday. The court interpreted the ambiguous language of the policy in favor of the estate.

Justices let stand $500k default judgment against Menards

July 31, 2017

A default judgment awarding a plaintiff $500,000 in damages in a personal injury suit against a Gary Menards store will stand after a divided Indiana Supreme Court declined to hear the home-improvement chain’s appeal.

COA reverses delinquent adjudication based on warrantless search

July 31, 2017

A teenager who was adjudicated as a juvenile delinquent after an officer conducted a warrantless search and found him in possession of a handgun and drug paraphernalia will have his adjudication reversed after the Indiana Court of Appeals determined the officer did not have reasonable suspicion to conduct the search without a warrant.

Wrongly jailed drug court plaintiffs lose in federal court

July 31, 2017

Plaintiffs who were jailed for months without due process in a southern Indiana drug court will take nothing in their federal lawsuit against drug court staff members and county sheriff who they say were responsible for violating their constitutional rights, a judge has ruled.

Tax Court: State can’t require SSNs to claim dependent children

July 31, 2017

A Fort Wayne man who claimed a religious objection to obtaining Social Security numbers for his dependent children was entitled to claim those children as dependents on his state tax return after the Indiana Tax Court determined Monday the man provided the necessary documentation to prove the children are his dependents.

The ‘Notorious RBG’ discusses women’s rights and pop culture

July 31, 2017

U.S. Supreme Court Justice Ruth Bader Ginsburg talked about the evolution of the women's rights movement, what it's like to be interrupted on the bench and life as a pop culture icon during a presentation Friday to a group of lawyers and judges in Sun Valley, Idaho.

Opioid crisis cause of Monroe County jail overcrowding

July 31, 2017

Monroe County authorities say the county jail is consistently over capacity largely due to Indiana's opioid crisis.

High court ruling on juvenile lifers hasn’t impacted Indiana

July 31, 2017

Many states are taking a new look at juvenile life without parole following a U.S. Supreme Court decision last year, but that ruling appears to have little impact in Indiana.

Lawyer says juror might have stolen opioid evidence at trial

July 28, 2017

An Ohio defense attorney says at least one juror may have stolen oxycodone pills during a drug trial.

Opinions July 28, 2017

July 28, 2017

Indiana Court of Appeals
In the Matter of: Ale.P., Ala.P., and J.P., Children Alleged to be in Need of Services, C.R. and A.R. v. The Indiana Department of Child Services
52A02-1612-JC-2864
Juvenile CHINS. Affirms the juvenile court’s order denying foster parents C.R. and A.R.’s motion for return of Ale.P., Ala.P. and J.P. Finds C.R. and A.R. were not deprived of due process. Also finds the juvenile court’s judgment is not clearly erroneous.

COA: Continued placement with foster parents not in children’s best interests

July 28, 2017

Three Miami County children will not be returned to their previous foster parents after the Indiana Court of Appeals found Friday the trial court correctly determined the foster mother had become obsessed with the notion that the children were molested, making continued placement with her not in the children’s best interests.

‘Incredible shrinking airline seat’ gets US court rebuke

July 28, 2017

Aviation regulators were ordered by a federal appeals court on Friday to consider setting minimum standards for the space airlines give passengers as carriers have steadily shrunk the width of seats and the distance between rows.

Indianapolis man accused of killing officer after car crash

July 28, 2017

Police arrested a 28-year-old man accused of gunning down an officer who was trying to help him and someone else after their car overturned and came to rest in a front yard along a busy Indianapolis street.

John Proffitt named IBF’s Legendary Lawyer

July 28, 2017

Carmel attorney John Proffitt has been named the 2017 recipient for the Indiana Bar Foundation’s Legendary Lawyer Award.

Man sentenced for punching officer at Elizabeth Smart event

July 28, 2017

An 80-year-old man convicted of battery for punching a police officer who stopped him from approaching kidnapping survivor Elizabeth Smart with a knife at an Indiana book signing has been sentenced to 12 years in prison.

Prosecutor: Man shot Indiana doctor for denying wife opioids

July 28, 2017

A prosecutor says a northern Indiana man fatally shot a doctor because he would not prescribe opioid painkillers to the man's wife.

Indianapolis creates interagency response units

July 27, 2017

Indianapolis has created four interagency teams to reduce the number of people taken to an emergency room or to jail as the state struggles to keep up with the opioid epidemic.

DOJ, US Attorney’s Office offer resources to reduce crime

July 27, 2017

The U.S. Department of Justice and U.S. Attorney’s Office for the Southern District of Indiana have begun a new partnership with Indianapolis leaders and law enforcement officials to offer DOJ resources designed to enhance efforts to reduce local violence.

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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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