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Opinions Aug. 17, 2016

August 17, 2016

Indiana Court of Appeals
Robert Weathers v. State of Indiana
49A04-1601-CR-3
Criminal. Affirms Level 5 felony possession of a handgun without a license conviction. The trial court did not abuse its discretion in admitting the handgun at trial, which was found after a warrantless inventory search of Weathers’ vehicle after he was stopped and arrested for driving without a license.

Maxim party promoter sues Speedway over lackluster ticket sales

August 17, 2016

The company that staged the Indy 500 Maxim Party at Indianapolis Motor Speedway on May 27 of race weekend has sued the speedway in federal court, claiming that it didn’t do enough to help publicize the sparsely attended event.

7th Circuit: Trailer insurer does not have to indemnify defendants

August 17, 2016

The 7th Circuit Court of Appeals on Tuesday affirmed a district court ruling that held the insurer of a trailer borrowed by a trucking company in which an employee was involved in a fatal accident does not have to indemnify the company or the driver in a negligence lawsuit.

Indiana’s high court to hear appeal in house explosion case

August 17, 2016

The Indiana Supreme Court will hear an appeal next month in the case of the alleged ringleader of a deadly Indianapolis house explosion.

Lawsuit filed by fans who missed Hall of Fame game

August 17, 2016

Four fans have sued the NFL over the Hall of Fame game in Canton that was canceled because of poor field conditions.

Ex-lawmaker drops recount in Democratic congressional race

August 17, 2016

A state board is set to confirm the winner of the Democratic primary for southwestern Indiana's congressional seat after the losing candidate decided to withdraw his challenge.

Committee to look at unauthorized immigrant college attendance

August 16, 2016

The Senate Select Committee on Immigration Issues meets for the fourth time Wednesday, where the committee will discuss national security issues and attendance at Indiana colleges and universities by unauthorized immigrants.

Opinions Aug. 16, 2016

August 16, 2016

Indiana Supreme Court
In Re the Involuntary Termination of the Parent-Child Relationship of R.S., (Minor Child), and R.S. (Father) v. Marion County Department of Child Services and Child Advocates, Inc.
49S04-1606-JT-350
Juvenile. Reverses termination of father’s parental rights. The trial court’s findings do not clearly and convincingly support its conclusion that termination of father’s parental rights is in the best interests of the son.

Indiana Supreme Court takes 4th Amendment case

August 16, 2016

The Indiana Supreme Court took two cases on transfer last week, including whether a police officer was within his community caretaker function when he pulled over a woman after she left a gas station.

Nurse to face criminal charges for prescriptions issued at drug clinic

August 16, 2016

A registered nurse at a Wayne County clinic that treated those with addictions will face criminal charges for her role in handing out prescriptions prepared outside the usual course of professional medical practice. The Indiana Court of Appeals reversed the dismissal of those charges that was based on the fact she was not a doctor.

Common sense alone not enough in patent law, US court finds

August 16, 2016

Judges can’t rely on common sense alone when analyzing the validity of a patent, an appeals court ruled last week in a loss for Apple Inc. and Alphabet Inc.’s Google.

GM CEO Barra tells jury company flubbed fatal ignition flaw

August 16, 2016

General Motors Co. failed to designate a flawed ignition switch linked to multiple deaths and injuries as a safety concern, Chief Executive Officer Mary Barra told jurors at a Texas trial.

Justices reinstate father’s parental rights

August 16, 2016

A trial court’s findings do not “clearly and convincingly support” its decision to terminate a father’s parental rights to his son based on it being in the best interests of the boy. In fact, the findings show that the father and son have a bond and often spend time together, the Indiana Supreme Court found Tuesday.

Indiana education committee looks at sexual misconduct

August 16, 2016

A group of Indiana lawmakers is looking at sexual misconduct in schools to see if legislation is needed in 2017 to help curb abuse.

COA affirms conviction of man who used lawyer’s identity in jail

August 16, 2016

Whether someone used another person’s identity for a lawful purpose is an affirmative defense to the crime of identity deception and not a material element of the crime, the Indiana Court of Appeals ruled in a first impression matter.

State fighting birth certificate ruling

August 15, 2016

Married same-sex female couples who challenged Indiana’s refusal to recognize the non-birth mothers on their children’s birth certificates reiterate that they want to be treated in the same manner as heterosexual couples – no more, no less. The state, which intends to appeal a ruling finding Indiana's paternity statutes to be unconstitutional, is first asking the judge to take another look at her ruling.

Court grants habeas writ in case involving repealed drug statute

August 15, 2016

A man convicted of Class A felony possession of three grams of cocaine within 1,000 feet of a “youth program center” in March 2008 will either be released from prison or resentenced after the 7th Circuit Court of Appeals granted his habeas corpus petition.

COA affirms woman in same-sex relationship legal parent of child

August 15, 2016

The Indiana Court of Appeals on Monday affirmed a trial court’s conclusion that a lesbian couple who entered into a registered domestic partnership in California should be treated like married spouses. As such, the judges affirmed the award of joint legal custody and parenting time to the non-biological parent after the couple broke up.

Opinions Aug. 15, 2016

August 15, 2016

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Darrell L. Duncan
15-3485
Appeal from U.S. District Court, Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Holds that a conviction for robbery under the Indiana statute qualifies under the still-valid elements clause of the Armed Career Criminal Act definition of violent felony. Robbery by placing a person in fear of bodily injury under Indiana law involves an explicit or implicit threat of physical force and therefore qualifies as a violent felony under 18 U.S.C. Section 924(e)(2)(B)(i.)

Prosecutors appeal 14-month sentence for ex-Indiana deputy

August 15, 2016

Federal prosecutors are asking an appeals court to order a stiffer sentence for a former central Indiana sheriff's deputy convicted of civil rights violations.

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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

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

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

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