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Virginia joins lawsuit challenging Trump immigration order

Virginia is joining a federal lawsuit against President Donald Trump's executive order restricting travelers from seven Muslim majority nations from entering the U.S., Attorney General Mark Herring announced on Tuesday.

Opinions Feb. 1, 2017

Indiana Court of Appeals
Menard, Inc. v. Reba Lane
45A03-1606-CT-1283
Civil tort. Affirms the denial of Menard Inc.’s motion to set aside the default judgment entered in favor of Reba Lane when Menard failed to appear or defend itself against her personal injury suit. Finds the Lake Circuit Court did not abuse its discretion in denying Menard’s motion. Also finds Lane attempted service of her compliant and summons in multiple ways, all of which conformed with the requirements of the Indiana Trial Rules and that Lane’s attorney did not engage in misconduct when she did not notify the two law firms who had represented Menard in the past. Finally, finds that the breakdown in communication between Menard employees regarding the summons and complaint was not excusable neglect.
 

Man’s conviction for 1989 rape vacated

A Lake Superior Court has vacated the conviction and dismissed the charges against a Gary man who was wrongly punished for a 1989 rape and served his full sentence.

COA affirms default judgment against Menards in injury lawsuit

A summons and complaint in a personal injury claim were adequately served on a Menards store in Gary, the Indiana Court of Appeals found Wednesday, so the store cannot seek relief from default judgment entered against it on the basis of the service of process.

Trump taps conservative Judge Neil Gorsuch for Supreme Court

President Donald Trump has nominated Neil Gorsuch, a fast-rising conservative judge with a writer's flair, to the Supreme Court, setting up a fierce fight with Democrats over a jurist who could shape America's legal landscape for decades to come.

Eighth Amendment complaint splits 7th Circuit

A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.

Eighth Amendment complaint splits 7th Circuit

A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.

COA upholds denial of IRA garnishment

The Elkhart Superior Court was within its discretion when it asserted a garnishment exemption on a debtor’s behalf because there are exceptions that allow a debtor to receive the benefit of an exemption without asserting it, the Indiana Court of Appeals decided Tuesday.

‘Dismayed’ by trial court, COA orders resentencing

An Indianapolis judge who sentenced a defendant to jail without permitting him to speak on his own behalf disregarded state law and violated the defendant’s rights, a panel of the Indiana Court of Appeals held in a stern ruling.

Sheriff’s department not liable in death of former deputy’s wife

The Harrison County Sheriff’s Department cannot be held liable for the death of the wife of one of its former deputies who used her husband’s gun to kill herself. The Indiana Court of Appeals held Tuesday the deputy was acting as a husband, not a law enforcement official, during the incident.

Indianapolis jail at Twin Aire touted as criminal justice reform

Dozens of city, county, neighborhood and social services representatives gathered in the bracing cold Tuesday morning on the site of the decade-defunct Citizens Gas and Coke Utility plant site in the Twin Aire neighborhood just about three miles southeast of downtown Indianapolis. A new criminal justice center is proposed to rise in the 2900 block of East Prospect Avenue.