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Justices deny transfer of CHINS ADA case with 3-2 vote

December 5, 2016

The Indiana Supreme Court has denied transfer of a case in which a father argued that the Department of Child Services’ failure to comply with the American with Disabilities Act when providing discretionary services should void the termination of his parental rights. However, two justices dissented from that decision, writing that DCS should always be required to comply with the ADA.

7th Circuit affirms murder, racketeering convictions despite government error

December 5, 2016

Despite improper statements made by the government during closing arguments of a trial, the 7th Circuit Court of Appeals affirmed the defendant’s murder and racketeering convictions, writing that the statements constituted harmless error.

Indiana Supreme Court grants transfer in parental rights case

December 5, 2016

Indiana’s highest court has agreed to hear a case regarding the termination of two parents’ rights to their children, with the father arguing that his rights should be restored because the Indiana Department of Child Services failed to file the termination petition within the required legal time frame.

Supreme Court takes up cases about race in redistricting

December 5, 2016

The Supreme Court of the United States is taking up a pair of cases in which African-American voters maintain that Southern states discriminated against them in drawing electoral districts.

Jury selection begins in high-profile Saints star’s death

December 5, 2016

Conflicts settled by gunfire are tragically common in New Orleans, but there was nothing routine about this one: The dead man was retired football player Will Smith, a star on the 2006 Saints team who helped lift the stricken city's spirits with a winning season after Hurricane Katrina, and played with the team when it won the franchise's only Super Bowl three seasons later. Jury selection begins Monday in the trial of the man accused in his killing after a road-rage incident.

2 Indiana men sentenced to prison for biodiesels fraud

December 5, 2016

Two Indiana men have been sentenced to prison for their roles in what federal authorities say was a multi-million dollar fraud scheme involving biofuels.

Judge: Disabled housing discrimination suit may proceed

December 2, 2016

An Indianapolis subsidized senior-citizens housing facility must face a lawsuit from disabled tenants who claim the three-story apartment building failed to repair its only elevator for weeks, leaving them unable to get to apartments on the top two stories and leaving some disabled tenants stranded upstairs.

Hartford City sex offender ordinance unconstitutionally vague

December 2, 2016

A 2008 Hartford City ordinance that restricted registered sex offenders from entering or loitering within 300 feet of broadly defined “child safety zones” is unconstitutionally vague, a federal judge has ruled.

Bankruptcy judge announces retirement

December 2, 2016

A former chief judge of the United States Bankruptcy Court for the Southern District of Indiana has announced his retirement.

COA affirms dismissal of case due to res judicata

December 2, 2016

Res judicata prevents a title insurance company from taking a “second bite” at the apple, the Indiana Court of Appeals ruled Friday, in a case in which the company appealed dismissal of its second attempt to challenge an action by the Indiana Department of Insurance.

Former CIB chiefs try to avoid entanglement in legal fight involving Pacers

December 2, 2016

Three former presidents of the city’s Capital Improvement Board—Pat Early, Bob Grand and Ann Lathrop—are fighting an effort by attorneys for the IRS to depose them about what they learned about the Indiana Pacers' finances during discussions with the team.

Opinions Dec. 2, 2016

December 2, 2016

Indiana Court of Appeals
First American Title Insurance v. Stephen W. Robertson, Insurance Commissioner of the state of Indiana, in his official capacity, on behalf of the Indiana Department of Insurance
49A05-1512-PL-2309
Civil plenary. Affirms the Marion Superior Court’s dismissal of First American Title Insurance Co.’s complaint against Stephen Robertson, in his official capacity as Indiana insurance commissioner. Finds that the trial court properly granted IDOI’s motion to dismiss because FATIC’s claims are barred by res judicata.

Death threats and abuse for woman leading Brexit court fight

December 2, 2016

Gina Miller is paying the price for going to court. The financial entrepreneur says she has received death threats and racial and sexual abuse since she won a High Court ruling forcing the British government to seek Parliamentary approval before leaving the European Union.

Mom pleads guilty in connection with Bluffton boy’s death

December 2, 2016

The mother of a northeastern Indiana boy whose body was found burned in a wooded area has entered into a plea agreement in connection with his death.

Judge pro tem appointed in Henry County

December 1, 2016

The Indiana Supreme Court has appointed longtime Knightstown lawyer and judge E. Edward Dunsmore II to temporarily fill a judicial vacancy in Henry County.

Justices consider conversion of felony to misdemeanor after plea agreement

December 1, 2016

The effect of legislative changes to state sentencing laws was at center in oral arguments before the Indiana Supreme Court Thursday.

Mother’s suit alleging DCS caseworker abuses proceeds

December 1, 2016

An Indiana Department of Child Services case manager who allegedly pursued meritless child-abuse allegations against an Indianapolis mother must face a federal civil lawsuit, though her DCS supervisors will not, a judge has ruled.

Jurors convict Indiana day care provider in toddler’s death

December 1, 2016

Jurors in northern Indiana have convicted a New Paris day care provider in the 2014 death of a 19-month-old boy in her care.

Indiana Supreme Court considers general contractor’s duty of care to subcontractors

December 1, 2016

In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”

Lawyer’s use of word ‘Negro’ prejudiced client, but doesn’t get PCR

December 1, 2016

A defense attorney who has since been disbarred prejudiced his absent client when he referred to him as a “Negro” before potential jurors, a judge wrote, but the offending word wasn’t enough for the Court of Appeals to grant post-conviction relief.

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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

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Marion County judge blocks state’s near-total abortion ban in religious freedom case

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