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A case challenging civil forfeitures by Indianapolis police and the prosecutor’s office will be able to move forward after Marion Superior Court denied the defendants’ motion to dismiss earlier this week.
A man who fled from police and later was arrested after he and another man had been spotted allegedly shoplifting from a Lafayette Wal-Mart store was properly convicted of Class A misdemeanor resisting law enforcement, the Indiana Court of Appeals ruled Friday.
The Indiana Legislature did not intend for the state’s feticide statute to apply to pregnant women or illegal abortions, including the one a northern Indiana woman executed by taking drugs ordered from Hong Kong, the Court of Appeals held Friday.
In recognition of District Judge Sarah Evans Barker’s more than 30 years of service on the federal bench, the U.S. District Court for the Southern District of Indiana has named a courtroom in her honor.
The Indiana Court of Appeals, acknowledging differing expert testimony in a mother’s neglect of a dependent case, declined to reweigh the evidence and upheld her Class B felony conviction.
The Indiana Supreme Court has decided the sanction for a Goshen attorney’s repeated practice of law while suspended: disbarment.
A federal court in Indianapolis never should have affirmed the denial of Supplemental Security Income sought by an intellectually disabled woman because the administrative law judge’s decision was unsupported by the record, the 7th Circuit Court of Appeals held Wednesday.
Indiana Supreme Court
In the Matter of: Joseph C. Lehman
20S00-1507-DI-431
Discipline. Disbars Lehman for unauthorized practice of law while suspended. Previous sanctions have not deterred him from continuing to engage in the practice of law in defiance of his suspension order, and his repeated violations have exposed the public to the danger of attorney misconduct by him.
In a 4-1 decision, the Indiana Supreme Court affirmed the last best offer made by the Jay School Corp. regarding a collective bargaining agreement for the 2013-14 school year. The teachers took issue with a provision involving the salary of teachers hired mid-school year.
A lawsuit filed Thursday alleges the state ignored federal law requiring it to provide health insurance coverage within a reasonable time frame and must retroactively pay for an Elletsville woman’s medical bills.
Citing the “duck test” credited to Hoosier poet James Whitcomb Riley, the Indiana Court of Appeals held that a “recommendation of plea” document was a plea agreement the trial judge was free to accept or reject.
Although a senior living facility “inexplicably” failed to keep a copy of an arbitration agreement signed by a resident, the facility produced enough extrinsic evidence to conclude an enforceable arbitration agreement exists, the Indiana Court of Appeals ruled.
The 7th Circuit Court of Appeals ruled Wednesday that a federal judge in Indianapolis should have excused herself from hearing a man’s petition regarding his sentence because she was the one who sentenced him while she was a judge in state court. In doing so, the federal appellate court overturned two lines of decisions.
A trial court misapplied the law regarding disbursement of surplus sale proceedings from a sheriff’s sale when it ordered the full surplus to the bank that owned the first mortgage on the home, the Indiana Court of Appeals held. The law requires the surplus to go to the mortgage debtor.
U.S. antitrust enforcers on Thursday roundly rejected a pair of proposed deals that would consolidate the nation’s five biggest health insurers into just three.
Indiana’s Legislature and governor have failed to provide resources to ensure sufficient case managers to protect children and families, a lawyer representing the Department of Child Services told the Indiana Court of Appeals Wednesday. But she argued a caseworker’s lawsuit against the agency was the wrong way to enforce state law requiring those workers have no more than 17 cases each.
Indiana Supreme Court
In the Matter of: Timothy S. Durham
49S00-1212-DI-672
Discipline. Disbars Tim Durham following his conviction on 12 felony counts for securities and wire fraud, 10 of which were upheld on appeal. Finds he violated two Rules of Professional Conduct for “fraudulent looting of funds entrusted to him by investors.”
The Indiana Court of Appeals granted rehearing to a case involving a lawsuit brought by a man injured by a sheriff deputy’s vehicle while he walked along the side of the road. The divided court held certain evidence, including an investigator’s affidavit and photos, are admissible at trial.
Although the Indiana Court of Appeals disagreed with parts of a trial court’s ruling in an insurance coverage dispute, the judges affirmed the ruling that the insurance policy of a school where a student injured her teacher during class is not the primary insurance in the teacher’s personal injury suit.
The Indiana Supreme Court disbarred Indianapolis attorney Tim Durham Wednesday because of his “fraudulent looting of funds entrusted to him by investors.” Durham is currently serving a 50-year sentence for 10 counts of wire and securities fraud.