Southern District mandatory pro bono service to start in October
Attorneys could be tapped to handle cases under the U.S. District Court for the Southern District of Indiana’s new mandatory pro bono rule before the end of this year.
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Opinions July 18, 2016
Indiana Court of Appeals
Pinnacle Properties Development Group, LLC v. Sarah Oliver (mem. dec.)
10A01-1512-SC-2143
Small claim. Affirms judgment in favor of Oliver on Pinnacle Properties’ small claim action seeking as damages unpaid rent and an unpaid utility bill, as well as possession of Oliver’s apartment.
What’s in a name? Litigation, if it’s Square Donuts
A federal judge last week kept alive a lawsuit filed by a northern Indiana maker and seller of Square Donuts against Square Donuts Inc., the Terre Haute-based company that sells its trademarked treats mostly across the four corners of southern Indiana.
Ball State University settles excessive force lawsuit
Ball State University has agreed to pay a local hip-hop artist $10,000 to settle an excessive force civil lawsuit after one of its officers used a leg sweep to take the person to the ground.
Website set up for COA judges facing retention vote
Indiana’s state courts have established a website with information about four Indiana Court of Appeals judges facing retention on the November ballot.
No charges to be filed against Indiana beer distributor
A special prosecutor says he has found no evidence that one of Indiana's largest beer distributors improperly funneled more than $1.5 million in campaign contributions.
Cass County adopts e-filing; Elkhart up next
Cass County became the 10th in the state to implement electronic filing in its Circuit and Superior courts Monday, and the rollout of e-filing will continue next Monday when Elkhart County begins to offer the service.
GM avoids some claims in suits over faulty ignition switches
A federal judge dismissed a swathe of customer claims in the nationwide litigation over General Motors Co.’s deadly ignition switch defect that triggered the recall of millions of vehicles two years ago.
Mandatory pro bono starting in Southern District
The U.S. District Court for the Southern District of Indiana has adopted a new local rule which will mandate certain attorneys provide pro bono services to pro se litigants.
COA affirms propane company must pay customers’ attorney fees
The Indiana Court of Appeals agreed with a trial court that a propane company is on the hook for two customers’ attorney fees after it failed to deliver prepaid propane gas under an agreement with the couple.
Opinions July 15, 2016
Indiana Court of Appeals
Larenz Jordan v. State of Indiana
27A02-1511-CR-1897
Criminal. Affirms Jordan’s convictions of 12 counts of rape and one count of conspiracy to commit rape, as Level 1 felonies; one count of Level 4 felony burglary, and one count of Level 5 felony robbery. The juvenile court, in waiving him to adult court, did not abuse its discretion as there was no error associated with the judge’s use of the phrase “criminal thinking” without reference to evidence-based measures of criminogenic behavior, where here, the elements of the waiver statute are other properly addressed and supported. Concludes his 40-year aggregate sentence is appropriate.
Man charged in shooting officer’s home wants trial moved
A man accused of shooting at the home of an Indianapolis police officer days after a sniper killed five Dallas police officers told a judge Friday he doesn't believe he can get a fair trial in the Indianapolis area.
Brady to drop appeal, serve 4-game ‘Deflategate’ suspension
Tom Brady said on Friday he will stop fighting his suspension for "Deflategate," a scandal that tarnished the reputation of one of the sport's best players, tested the authority of Commissioner Roger Goodell and exposed rifts inside the league office.
Judges uphold teen’s 40-year sentence for brutal attack on homeowner
A Grant County teen who participated in the rape of a homeowner during his burglary of her home deserves the 40-year sentence imposed in adult court, the Indiana Court of Appeals ruled Friday.
Senior judge faces discipline case for OWI, alleged cover-up bid
Indiana Court of Appeals Senior Judge William Garrard will face judicial discipline proceedings after driving drunk in Mooresville last November, colliding with a car and later asking a policeman at the hospital to forget about it.
Conour asks 7th Circuit for non-public defender to reopen appeal
Former Indiana lawyer William Conour filed a pro se jailhouse pleading Thursday asking the 7th Circuit Court of Appeals to appoint a non-public defender at taxpayer expense to reopen the limited appeal of his wire fraud conviction.
Treasury corporate-debt rules exceed authority, tax lawyers say
The U.S. Treasury Department exceeded its authority by proposing wide-ranging regulations intended to curb corporations’ ability to shift their American earnings overseas, tax lawyers told agency officials during a hearing.
Tesla won’t be able to put crash defense on autopilot
Telling Tesla drivers its Autopilot feature doesn’t mean their cars can drive themselves may not be enough to keep Elon Musk off the hot seat if the technology comes up short.
Indiana abuse, neglect deaths up 25 percent in 2014 to 66
The Indiana Department of Child Services says the number of Indiana children who died from abuse or neglect during the 2014 state fiscal year rose by more than 25 percent over the previous year.
Opinions July 14, 2016
Indiana Court of Appeals
Fireman's Fund Insurance Company v. Matthew W. Ackerman and American Casualty Co.
82A01-1509-CT-1350
Civil tort. Reverses denial of the Fireman’s Fund’s motion for summary judgment regarding Ackerman’s claim for underinsured motorist coverage. Given Indiana Code 27-7-5-1.5(b), Fireman’s Fund was not required to provide UM/UIM coverage in the 2008 Evansville Marine policy. Fireman’s Fund was entitled to judgment as a matter of law and there were no genuine issues of material fact. Remands for further proceedings.