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Opinions Dec. 21, 2016

December 21, 2016

7th Circuit Court of Appeals
United States of America v. Bruce Jones
15-1792
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms Bruce Jones’ convictions of three counts of possessing firearms and ammunition and one count of health care fraud. Finds that because Jones never objected to the restraint on his life insurance policies, the district court had no reason to probe those matters in an evidentiary hearing. Also finds that the judge did not abuse her discretion in denying Jones’ request for appointment of new counsel and that the judge apprised Jones of his constitutional right to testify, which he waived. Finally, finds that the judge did not miscalculate the sentencing guideline range for his firearms offenses by taking into account his 1985 felony conviction for a controlled substance offense.

Incoming Indiana governor picks controversial DOC leader

December 21, 2016

Indiana's incoming Gov. Eric Holcomb has appointed a man with a controversial history in state government to lead the Indiana Department of Correction.

COA reverses termination of parental rights, finds DCS exhibited ‘troubling behavior’

December 21, 2016

The Indiana Court of Appeals reversed Wednesday a decision terminating a mother and father’s parental relationships with their son, writing that the Department of Child Services had exhibited an “extraordinarily troubling pattern of behavior.”

Man remains on sex offender list, but residency restrictions not applicable

December 21, 2016

A Dearborn County man will have to keep his name on the Indiana Sex Offender Registry for the rest of his life but will not face certain residency restrictions after the Indiana Court of Appeals affirmed in part the denial of his petition for relief.

Search of man’s mouth ruled unconstitutional

December 21, 2016

The Indiana Court of Appeals has overturned a man’s conviction, ruling the drugs found in his mouth should be excluded under the “fruit of the poisonous tree doctrine.”

COA affirms ruling for lender in Shelbyville low-income housing dispute

December 21, 2016

A general partner developing Shelbyville low-income apartments lost its appeal of rulings that it misappropriated or was in breach of nearly $2.75 million guaranteed for the project and that it should be liable for the lenders’ legal fees of more than $385,000.

Curry reflects on 4 years of Richmond Hill prosecutions

December 21, 2016

More than four years after an intentional home explosion killed two south-side Indianapolis residents and damaged dozens of nearby houses, Marion County Prosecutor Terry Curry said reaching the end of the emotional legal battle is gratifying.

Shirley gets maximum 50 years in Indianapolis house blast

December 20, 2016

A woman who was one of five people charged in a deadly Indianapolis house explosion has been sentenced to 50 years in prison.

Attorney resigns amid misconduct allegations

December 20, 2016

A Greenwood attorney has resigned from the Indiana bar after facing an investigation by the Indiana Supreme Court Disciplinary Commission.

Tax Court: Orbitz doesn’t have to pay additional sales, innkeeper’s taxes

December 20, 2016

A popular travel and booking website will not have to pay the state more than $200,000 in back taxes after the Indiana Tax Court held that the website is not considered a retail merchant.

COA upholds battery conviction for altercation outside bar

December 20, 2016

The Indiana Court of Appeals upheld a man’s battery conviction Tuesday after finding that he failed to prove any abuse of the Delaware Circuit Court’s discretion.

Opinions Dec. 20, 2016

December 20, 2016

Indiana Tax Court
Orbitz, LLC v. Indiana Department of Revenue
49T10-0903-TA-10
Tax. Grants summary judgment in favor of Orbitz LLC and against the Indiana Department of Revenue. Finds that during the period at issue, the department erred in issuing sales and innkeeper’s tax assessments against Orbitz based on the retail rate of Indiana hotel rooms as a matter of law because the hoteliers, as the retail merchants, were liable for the taxes, not Orbitz.

3 Pulse families sue social media, alleging aid for IS

December 20, 2016

Families of three patrons killed in the Orlando nightclub massacre are suing Facebook, Google and Twitter, claiming the gunman who killed their loved ones was radicalized through propaganda found through social media.

Trump University settlement filed for judge’s review

December 20, 2016

Lawyers for Donald Trump and former students of his now-defunct Trump University filed an agreement in court to settle lawsuits alleging that the president-elect defrauded them, signaling that a deal announced last month remains on track for a judge's approval next year.

Pot-legalization group wins injunction against Tippecanoe County rally ban

December 20, 2016

A group advocating the legalization of marijuana that was denied permission to hold a rally at the courthouse in Lafayette won an injunction against the county in federal court.

Lawsuit throws spotlight on chaos surrounding Anderson cardiology practice

December 20, 2016

A cardiologist fired after hospital officials accused him of overcoding and violating medical standards said the grounds for firing were untrue and unfair, and he fought them in court for more than four years. He sued St. Vincent Health for breach of contract and won more than $1.6 million from a jury.

Feds bring charges in alleged fraud scheme that stung CNO Financial

December 20, 2016

Prosecutors on Monday lowered the boom on the New York-based hedge fund Platinum Partners, alleging it carried out a $1 billion fraud that left hundreds of victims—including CNO Financial Group.

Roberts denies plea to force Senate action on Garland

December 20, 2016

Chief Justice John Roberts has denied a lawyer's bid to get the U.S. Supreme Court to force the Senate to consider the high court nomination of Judge Merrick Garland.

Indiana man among Obama’s granted clemencies nationwide

December 20, 2016

President Barack Obama has shortened the sentence of an Indiana man convicted of a federal drug crime.

Trial date set in Vigo County School Corp kickback scheme

December 20, 2016

A trial date has been set for two former Vigo County School Corp. employees accused in an over-billing kickback scheme that cost the school district over $80,000.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

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

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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