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Opinions Dec. 22, 2016

December 22, 2016

Indiana Court of Appeals
M.T.V. v. State of Indiana
36A05-1607-JV-1681
Juvenile. Affirms M.T.V.’s adjudication of delinquency for conspiracy to commit aggravated battery, a Level 3 felony if committed by an adult. Finds that the Jackson Superior Court did not abuse its discretion in admitting Facebook conversations containing statements made by M.T.V. and his co-conspirator and that the evidence is sufficient to support his delinquency adjudication.

Conour seeks reconsideration of wire-fraud sentence

December 22, 2016

Convicted fraudster and former attorney William Conour is arguing that a case decided earlier this year entitles him to an appeal of his entire 10-year sentence for defrauding clients of more than $6.5 million.

DOE details Charlotte School of Law’s troubles

December 22, 2016

In explaining its decision to boot Charlotte School of Law from the federal student financial aid program, the U.S. Department of Education provided a rare inside look at how the American Bar Association evaluated and ultimately placed the institution on probation.

Nokia sues Apple to escalate mobile-patent licensing battle

December 22, 2016

Nokia Oyj sued Apple Inc. saying the iPhone maker infringed several mobile patents, turning simmering tension between the companies into a bitter public  legal battle on multiple fronts.

Environmental crime most common among organizational offenders

December 22, 2016

Organizations charged with federal criminal offenses most commonly were accused of environmental offenses, the United States Courts announced Thursday, citing a report published by the United States Sentencing Commission.

2016 marks low point for death sentences since 1970s

December 22, 2016

Only 30 people were sentenced to death in the United States this year, the lowest number since the early 1970s and a further sign of the steady decline in use of the death penalty.

Divide stops effort to repeal North Carolina LGBT law

December 22, 2016

A supposedly bipartisan deal to repeal North Carolina's anti-LGBT law collapsed when both sides balked and started blaming each other, likely meaning their state will keep being shunned by corporations, entertainers and high-profile sporting events.

Jury urges death for sex offender who killed 4 women

December 22, 2016

Jurors in Santa Ana, California, on Wednesday recommended the death penalty for a sex offender who abducted and killed four women over six months while wearing an electronic monitoring device.

Ikea OKs tentative settlement in fatal dresser tip over

December 22, 2016

Ikea, the leading Swedish home furnishings retailer, says a tentative settlement has been reached in the case involving three families in the United States whose children died after Ikea chests and dressers tipped over.

ABA lawsuit targets changes to loan forgiveness program

December 21, 2016

Public sector attorneys hoping to have some of their student loans erased could find out they owe more money than they previously thought.

7th Circuit affirms health care fraud, firearms convictions

December 21, 2016

The 7th Circuit Court of Appeals affirmed a man’s firearms and fraud convictions Wednesday, rejecting each of the former counselor’s arguments against his attorney and the district court judge.

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.

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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

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

  • New habeas corpus strategy is freeing some immigrant detainees

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