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Opinions Feb. 3, 2017

February 3, 2017

7th Circuit Court of Appeals
United States of America v. Abel Covarrubias
16-3402
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms the district court’s denial of Abel Covarrubias’ motion to suppress drugs found in a car being delivered to him from across the country. Finds that the district court correctly decided that Covarrubias lacked standing to contest the admission of the drugs into evidence.

Greenwood court starts program for heroin-addicted offenders

February 3, 2017

A city south of Indianapolis is offering a drug treatment program for heroin-addicted offenders that features an Indiana-made device to ease the pain of withdrawal.

7th Circuit upholds drug convictions for lack of standing

February 3, 2017

The 7th Circuit Court of Appeals has affirmed a man’s drug convictions after holding Friday that he did not have a reasonable right to privacy in a vehicle containing methamphetamine that he paid a car hauler to ship across the country.

‘Dreamers’ win may backfire under Trump presidency, judge warns

February 3, 2017

An appeals court judge warned that a victory for millions of immigrants brought to the U.S. illegally as children may unintentionally give President Donald Trump unprecedented authority to force unwilling states to comply with his immigration policies.

ACLU-Indiana joins nationwide fight for immigration ban records

February 3, 2017

Indiana’s American Civil Liberties Union affiliate is joining a nationwide request for public records thought to be able to shed light on federal border patrol agencies’ interpretation and implementation of recent presidential immigration orders.

Patriots coach McDaniels may be witness in Hernandez trial

February 3, 2017

New court documents indicate that New England Patriots offensive coordinator Josh McDaniels might be called as a witness in the upcoming double murder trial of former NFL star Aaron Hernandez in Boston.

Donnelly to vote against Trump AG nominee Sessions

February 3, 2017

Indiana Democratic Sen. Joe Donnelly says he will vote against Jeff Sessions, President Donald Trump's nominee for attorney general.

Jury convicts Fort Wayne man, 19, of 3 counts of murder

February 3, 2017

A jury has convicted a Fort Wayne man on three counts of murder after his first trial ended in a hung jury.

Ex-Indiana schools chief Bennett ineligible for county seat

February 3, 2017

Former state schools superintendent Tony Bennett can't fill a vacant Clark County Council seat because he hasn't lived there long enough.

Trump golf course ordered to pay $5.7M to ex-members

February 2, 2017

A Florida golf course owned by President Donald Trump must immediately repay $5.7 million to 65 former members who had been denied membership refunds after he bought the club in 2012, a federal judge ruled Wednesday.

Facebook’s Oculus facing $500M bill in copyright case

February 2, 2017

Facebook's virtual-reality subsidiary and two of its founders are facing a sobering reality after a jury hit them with a $500 million bill for violating the intellectual property rights of video-game maker ZeniMax Media.

GOP leadership: Time for serious discussion on Sunday sales

February 2, 2017

Indiana's legislative leaders say it's time to have a serious discussion on Sunday sales of carryout alcohol — again.

COA: Bank had no duty to woman injured by drunken driver

February 2, 2017

An Indiana bank does not owe a duty of care to a woman who was injured by a drunken driver after the bank’s employees helped the driver change his tire without knowing that he had been drinking, the Indiana Court of Appeals found Thursday.

Opinions Feb. 2, 2017

February 2, 2017

Indiana Court of Appeals
Rachel Neal v. IAB Financial Bank, f/k/a Grabill Bank
02A03-1604-CT-1002
Civil tort. Affirms summary judgment in favor of IAB Financial Bank. Finds because all three Webb factors lean against imposing a duty here, the Allen Superior Court did not err in concluding the bank owed no duty to Neal.

7th Circuit upholds judgment in favor of nonprofit’s board of directors

February 2, 2017

The 7th Circuit Court of Appeals has upheld summary judgment in favor of a sister on the board of directors of a family foundation after finding that her brother lacked standing to bring either individual or derivative claims on behalf of the corporation.

Marion County judicial selection bill clears House

February 2, 2017

The Indiana House Thursday passed a bill creating a unique judicial-selection commission that gives lawmakers and Marion County political party leaders a majority of seats at the table. The bill has been heavily criticized by Indianapolis’ minority lawmakers and others.

JRAC presents 2 criminal reform bills to House committee

February 2, 2017

As Indiana’s criminal justice system continues to roll out legislatively mandated reforms, members of the Justice Reinvestment Advisory Council are working with legislators to implement changes that will benefit both law enforcement and offenders.

Indiana’s Hill among attorneys general supporting Gorsuch

February 2, 2017

West Virginia Attorney General Patrick Morrisey's office says he's leading Republican attorneys general from 20 states, including Indiana, in support of President Donald Trump's nominee to the U.S. Supreme Court, Neil Gorsuch.

7th Circuit allows evidentiary hearing on ineffective assistance of counsel claim

February 2, 2017

A doctrine allowing prisoners to bring ineffective assistance of counsel claims after a procedural default at the state level applies in Indiana and, thus, entitles a convicted murderer to an evidentiary hearing on his ineffective counsel claim, a divided 7th Circuit Court of Appeals decided Wednesday.

Lawyers start business-development networking group

February 1, 2017

Two law firms launched in recent years also are launching a networking organization they hope can assist other lawyers in starting their own firms.

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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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