Bench and bar prepare for ‘Day of Service’
Attorneys and judges across the state will be volunteering in their local communities Saturday as part of the Indiana State Bar Association’s Annual Day of Service.
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Opinions Sept. 15, 2016
Indiana Court of Appeals
Mindy M. Cline v. State of Indiana
38A04-1512-XP-2221
Expungement petition. Reverses and remands denial of Mindy Cline’s petition for expungement, finding trial court abused its discretion in denying her petition. Judge Michael Barnes dissents with separate opinion.
Appeals court affirms decision to strip parental rights
The Indiana Court of Appeals affirmed Thursday a trial court decision to involuntarily strip a couple of their parental rights despite the father’s claim that the Department of Child Services had not produced enough evidence to warrant such action.
Lawyers warned they may pay for filing frivolous suits
Lawyers who defend companies in product liability cases are celebrating an unusual order by a federal judge in Columbus, Georgia. In it, he told attorneys for the other side—the ones who represent injured consumers—that he was going to crack down on frivolous claims, and that the penalty could come from their wallet.
Clinton says she may not choose Garland for Supreme Court
Democratic presidential candidate Hillary Clinton said she wouldn’t be bound by President Barack Obama’s nomination of Merrick Garland to the Supreme Court, hinting that she would consider a bolder choice if she takes office in January with the seat still unfilled.
US grand jury indicts Indiana teenager on terrorism charge
A suburban Indianapolis teenager accused of trying to travel overseas to join the Islamic State militant group has been formally indicted.
State files 4th murder charge against Fort Wayne man
Prosecutors have filed a fourth murder charge against a man accused of killing three people in a Fort Wayne home.
COA reverses decision to deny woman’s expungement request
The Indiana Court of Appeals has reversed a Jay Circuit Court decision to deny a woman’s petition for expungement of her records after she was convicted of forgery and dealing in methamphetamine.
Indiana woman sues over lack of wheelchair access to concert
A woman who uses a wheelchair filed a lawsuit Thursday against a southern Indiana school district because the venue for her child's Christmas show isn't wheelchair accessible.
Supreme Court affirms sentence of man convicted of child solicitation against niece
The Indiana Supreme Court has affirmed a trial court’s sentence for a man convicted of felony child solicitation against his teenage niece after it granted the state’s petition for transfer on Wednesday.
Ex-Krieg DeVault attorneys sue over pay, alleged partner write-offs
Three partners who left Krieg DeVault LLP last year have sued their former firm over compensation. They claim they were shortchanged when they departed the firm and made to pay for other partners whose capital accounts with negative balances were written off.
Appeal process bumps up February bar exam passage rate
The February 2016 Indiana Bar Exam results have been amended to reflect those who successfully appealed their initial failure, resulting in a 4-percentage-point increase in the overall pass rate.
Property award to ex-girlfriend of longtime boyfriend affirmed
A trial court correctly awarded certain property to a woman who filed a complaint against her longtime partner for unjust enrichment after the two broke up after a 17-year relationship, the Indiana Court of Appeals held.
COA affirms health services provider in contempt for not producing records
The Indiana Court of Appeals has affirmed that Meridian Health Services was in contempt of court when it failed to provide a patient’s father with her health records after a subpoena ordered the health services provider to do so.
COA affirms conversion judgment against mortgage lender
A mortgage company lost its appeal of a ruling that it effectively stole the Muncie property from its borrower, who is entitled to $158,392.50 in damages, including $74,000 under the Indiana Crime Victims Relief Act.
Transgender Mexican citizen sues Indiana to change name to match gender identity
A transgender Mexican man with asylum in the United States is suing the state of Indiana for a law that prohibits him from legally changing his name to match his gender identity as a man.
Lawyers questioned over Indiana’s Syrian refugees order
Attorneys defending Indiana Gov. Mike Pence's order to bar state agencies from helping Syrian refugees resettle in his state have been fiercely questioned by a federal appeals court.
Indiana man awaits sentencing in June death of infant son
A 26-year-old Indiana man is awaiting sentencing in the death of his infant son after a plea agreement was reached in the case.
Ex-teacher’s aide reaches plea deal in child seduction case
A plea agreement has been reached for a former Indianapolis-area teacher's aide facing child seduction charges.
Opinions Sept. 14, 2016
Indiana Court of Appeals
Meridian Health Services Corporation v. Thomas Martin Bell
71A04-1511-DR-2005
Domestic relation. Affirms trial court’s order finding Meridian Health Services Corporation in contempt of court for failure to comply with a subpoena duces tecum and appear at a deposition and awarding attorney fees as a sanction. The trial court did not abuse its discretion in holding Meridian in contempt.