Attorneys argue Indiana death penalty unconstitutional
Attorneys for a Lake County man who faces charges in the deaths of seven women have argued in court filings that the state of Indiana's death penalty law is unconstitutional.
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Cities call for change in Indiana redistricting
The Anderson City Council has become the sixth Indiana municipal legislative body to pass a resolution calling for a citizen panel to take over the drawing of district lines for seats in the U.S. Congress and the Indiana General Assembly.
IU Maurer students to prepare wills for school employees, students
Indiana University Maurer School of Law is teaming up with IU’s Office of the Vice President and General Counsel to provide will preparation services to university employees, students and parents at no charge.
Dissent: PO reversal ‘insulates’ domestic violence perpetrators
An ex-husband’s actions that prompted a woman to get a protective order against him did not constitute stalking or threatening behavior sufficient to warrant the court order, the majority of an Indiana Court of Appeals panel ruled Friday. A dissenting judge warned the holding “insulates perpetrators of domestic violence” who threaten friends or associates of former partners.
Opinions Aug. 19, 2016
Indiana Court of Appeals
Amir Basic and Gerard Arthus v. Numan A. Amouri, Mohamad H. Mohajeri, Mohammad Aslam Chaudhry, Adnan Khan, Imdad Zackariya, Mohammad Sirajuddin, Sarah Shaikh, Aijaz Shaikh, Ismail Al-Ani, et al.
71A03-1510-PL-1820
Civil plenary. Affirms trial court findings that it lacked subject matter jurisdiction, appellants lacked standing and its decision to quash certain subpoenas in a dispute brought against the imam of the Islamic Society of Michiana Inc., by a Amir Basic, a member of the board of directors and trustees, after he was removed. Finds Basic and Gerard Arthus acted in procedural bad faith. Grants appellees’ request for damages and remands to the trial court for a determination of those damages.
Carmel doctor found not guilty of charges from 2014 DEA raid
A Carmel doctor has been found not guilty of charges stemming from a high-profile Drug Enforcement Administration raid involving several medical clinics.
Imam, Islamic Society entitled to fees from deposed member
A man who was drummed out of the Islamic Society of Michiana’s board of directors filed a combative, confusing brief demonstrating bad faith when he appealed a trial court’s dismissal of his pro se suit seeking $5.2 million in damages. Now he’s on the hook for damages.
COA: Live-in girlfriend asked to leave didn’t trespass
A woman who accepted a man’s offer to live in his home and who soon became his lover should not have been convicted of trespass for refusing to leave when he tried to kick her out, the Indiana Court of Appeals ruled Friday.
Supreme Court creates senior judge committee
The Indiana Supreme Court has established a senior judge committee tasked with finding new ways veteran jurists can assist state courts.
Outsourced legal work increases, survey finds
A survey of in-house and outside counsel finds conflicting views about whether outsourced legal work has increased in the past year. Attorneys in firms and in-house positions who responded to the survey also both rated themselves higher than they rated each other.
Former wrestling coach gets 10 years for videotaping boys
A former northern Indiana teacher and wrestling coach will serve 10 years in prison after pleading guilty to charges alleging he videotaped naked boys in a locker room.
2 US swimmers leave Rio after robbery scandal; 3rd pays fine
Two American Olympic swimmers were on their way home Friday after being pulled off a plane a day earlier to testify about an alleged robbery at the Rio Olympics that Brazilian police said was made up. The lawyer for a third U.S. swimmer said he would make a $10,800 payment and leave Brazil later in […]
Obama administration to end use of private prisons
The Obama administration said Thursday it will phase out its contracts with private prisons, affecting thousands of federal inmates.
COA: No error in admitting post-accident reports at negligence trial
Dealing with the question for the first time in a negligence case involving a fired truck driver, the Indiana Court of Appeals decided that a post-incident investigation is not an inadmissible subsequent remedial measure.
Plea deal didn’t prevent government from referencing hostage incident
The 7th Circuit Court of Appeals rejected a man’s claim that the government was barred by his plea agreement from mentioning a hostage situation that occurred several days prior to his arrest on drug and firearm charges.
Opinions Aug. 18, 2016
Indiana Court of Appeals
J.B. Hunt Transport, Inc., and Terry L. Brown, Jr. v. The Guardianship of Kristen Zak
45A03-1506-CT-670
Civil tort. Affirms jury verdict in favor of the guardianship of Kristen Zak on the guardianship’s negligence claim. Zak’s vehicle slid on snowy conditions on I-65 and crashed into a J.B. Hunt semi that had jackknifed an hour prior. Finds there were multiple questions of fact that needed to be answered by a jury and there is no basis on which to second-guess the jury. There are also no questions of law warranting reversal.
Jay County man gets 65 years for murder of 5-week-old girl
An eastern Indiana man convicted of killing his girlfriend's 5-week-old daughter by slamming her head into pavement has been sentenced to 65 years in prison.
Muslim inmate sues central Indiana sheriff over halal diet
A Muslim inmate is using Indiana's religious freedom statute in part to sue a central Indiana sheriff for denying him a diet that follows Islamic dietary laws.
Hall of Fame pledges to refund tickets, parking, hotel for Colts-Packers debacle
The decision comes after four fans file a class-action lawsuit in federal court on behalf of all ticket holders who lost out when the game was canceled.
COA blasts DCS’ lack of action in CHINS case
The Indiana Court of Appeals in a child in need of services case questioned why the Department of Child Services was able to not comply with multiple court orders and face no consequences from the juvenile court.