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COA: Parents’ actions do not support CHINS findings

July 28, 2016

The Indiana Court of Appeals Thursday reversed the findings that four sisters are children in need of services, noting none of their parents’ actions or inactions endangered the children.

7th Circuit: Court needs permission to revise supervised release conditions once appealed

July 28, 2016

The 7th Circuit Court of Appeals declined to overrule recent precedents in a man’s appeal involving his supervised release conditions and instead adopted a rule of practice for the Circuit.

Plaintiffs lose state court challenge to anti-conflict of interest law

July 28, 2016

The five northern Indiana police officers or firefighters who challenged a state law that would prohibit them from simultaneously also serving in elected office had their suit challenging the 2013 law dismissed Tuesday.

COA upholds convictions of man who targeted Burmese

July 27, 2016

An Alabama man was unable to convince the Indiana Court of Appeals that he was not behind several attacks on members of the Burmese community in Indianapolis two years ago. The judges affirmed Danny Cherry’s 80-year sentence for various crimes, including attempted murder.

Opinions July 27, 2016

July 27, 2016

Indiana Court of Appeals
Lisa R. Harris v. State of Indiana
83A01-1509-CR-1311
Criminal. Reverses denial of Harris’ motion to suppress evidence obtained from a consent search during a seat belt enforcement stop, which led to a Level 6 felony possession of methamphetamine charge. The officer lacked an independent basis of reasonable suspicion justifying inquiry above and beyond the seat belt violation. Remands for further proceedings Judge Najam dissents with opinion.

Elkhart County judgment exceeds med-mal cap

July 27, 2016

A northern Indiana judgment in favor of a man ruled to have suffered a catastrophic medical malpractice injury that left him paralyzed is the latest case challenging the state’s cap on malpractice damages.

Elkhart County attorney recognized with bar foundation honor

July 27, 2016

Goshen attorney and former Indiana legislator John Ulmer has been selected for the 2016 Legendary Lawyer Award by the Fellows of the Indiana Bar Foundation.

Majority: Trooper’s questioning violated Seatbelt Enforcement Act

July 27, 2016

A state trooper’s recollection of a woman’s name on a national drug registry does not provide an independent basis of reasonable suspicion justifying him to investigate more than a seat belt violation that initiated the traffic stop, the Indiana Court of Appeals held in a 2-1 decision. As such, the judges reversed the woman’s motion to suppress evidence that led to a drug charge.

Taft to hold fundraiser for injured IP attorney

July 27, 2016

Taft Stettinius & Hollister LLP has organized a cocktail party and silent auction to raise money for Derek Lavender, an intellectual property attorney with the firm who was recently paralyzed as a result of a motorcycle accident.

Father must still pay part of son’s college expenses, COA holds

July 27, 2016

The Indiana Court of Appeals agreed that a teenager has not repudiated his relationship with this estranged father and affirmed the trial court’s ruling that the boy, his mother, and his father must each pay a third of his college expenses.

Lawyers logging more pro bono hours, survey finds

July 27, 2016

Lawyers are making more time for pro bono work, according to a recent survey of lawyers by Robert Half Legal. Despite busy schedules and increasing caseloads, 30 percent reported donating more than 80 pro bono hours each year.

7th Circuit sets arguments in Exodus vs. Pence Syrian refugee case

July 27, 2016

Indiana Gov. Mike Pence’s appeal of a ruling blocking his bid to suspend resettlement of Syrian war refugees in the state will be heard by the 7th Circuit Court of Appeals less than two months before voters decide if he will be the nation’s next vice president.

7th Circuit remands disability benefits denial

July 27, 2016

The 7th Circuit Court of Appeals found an administrative law judge had improperly cherry picked a man’s medical record and reversed the denial of his disability benefits.

Deputy prosecutor fired after not sharing victim’s falsehood

July 27, 2016

A northwestern Indiana prosecutor has been fired after not revealing one of two purported victims made up at least part of the accusations against a molesting suspect acquitted after being held without bond for three years.

COA hears arguments in $25M wrongful death verdict

July 27, 2016

In a wrongful death case argued before the Indiana Court of Appeals Tuesday, the panel considered the questions of when are damages too high and when should an appellate court set aside a jury’s verdict?

COA hears arguments in $25 million wrongful death verdict

July 27, 2016

In a wrongful death case argued before the Indiana Court of Appeals Tuesday, the panel considered the questions of when are damages too high and when should an appellate court set aside a jury’s verdict?

Opinions July 26, 2016

July 26, 2016

7th Circuit Court of Appeals
Mikeal G. Cole Jr. v. Carolyn W. Colvin, acting commissioner of Social Security
15-3883
Appeal from U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Robert L. Miller Jr.
Civil. Reverses denial of Cole’s application for disability benefits and remands to the Social Security Administration for reconsideration. The administrative law judge’s decision was unreasoned and should not have been affirmed, as it appears she cherry picked the medical record, which is improper.

COA reduces rapist’s sentence by 10 years

July 26, 2016

Although an offender was successful in asserting the trial court erred in merging his sentences and applying an enhancement, he failed to respond to the state’s arguments for remedy which provided just a 10-year reduction to his 90-year aggregate sentence.

COA: Needles near bottle cap support drug conviction

July 26, 2016

A defendant was unable to convince the Indiana Court of Appeals that the evidence was insufficient to conclude that he intended to use the two syringe needles found in his clothes to inject heroin.

Man loses appeal over search that led to cocaine charges

July 26, 2016

A man on trial for Class A felony counts of dealing cocaine and conspiracy to deal cocaine lost his appeal Tuesday seeking to suppress evidence found in a search of his car.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

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

  • New habeas corpus strategy is freeing some immigrant detainees

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

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