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.
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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.
Church not entitled to $322,000 on breach of contract claim
A trial court erred when it determined that a church was entitled to $322,000 on its breach of contract claim after its building lessor ordered the church to vacate the premises before the end of its contract, the Indiana Court of Appeals ruled.
Quoting Dickens’ ‘Bleak House,’ judge decides 24-year-old lawsuit
A Lake County judge on Wednesday ordered summary judgment for defendants in a 24-year-old lawsuit he likened to the interminable Jarndyce and Jarndyce case in Charles Dickens’ novel “Bleak House.”
Doctor’s criminal charges provide 2 first impression issues
The Indiana Court of Appeals had to decide two issues of first impression Thursday in an appeal regarding charges of reckless homicide and issuing an invalid prescription for legend drugs by a practitioner against an Indianapolis doctor.
COA: Law doesn’t require insurer to provide UIM coverage
A trial court erred by denying an insurance company’s motion for summary judgment regarding underinsured motorist coverage because a law change in 2005 no longer required it to provide that coverage.
Reports: Trump chooses Pence as running mate
Presumptive Republican presidential nominee Donald Trump has picked Indiana Gov. Mike Pence as his running mate, Washington, D.C., political website Roll Call first reported Thursday morning.
Indianapolis man charged in shooting at officer’s home
An Indianapolis man who allegedly fired shots into a police officer's home as his wife and child slept inside has been charged with criminal recklessness and unlawful possession of a firearm by a serious violent felon.
Time running out to get Indiana judicial nominees confirmed
Three Democratic senators failed in their attempt Wednesday to force the Senate to hold a vote on the nominees to the federal bench, creating more doubt as to how many judges will be confirmed before the end of the year.
Ginsburg regrets ‘ill-advised’ criticism of Trump
Supreme Court Justice Ruth Bader Ginsburg says she regrets her "ill-advised" public criticism of Donald Trump.