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Opinions June 17, 2016

June 17, 2016

Indiana Court of Appeals
Richard C. Gallops and Patricia A. Gallops v. Shambaugh Kast Beck & Williams, LLP
02A03-1509-CT-1401
Civil tort. Dismisses Richard and Patricia Gallopses’ appeal of orders preceding their agreed judgment with Shambaugh Kast Beck & Williams on their legal malpractice suit because agreed judgments are not appealable.

Appeals court affirms reinstatement of drug sentence

June 17, 2016

The Indiana Court of Appeals affirmed the reinstatement of a woman’s sentence after she was terminated from drug court, finding a request for new counsel she made was too late and a stay of her drug court supervision was meant to help her, not harm her.

COA dismisses appeal of agreed judgment

June 17, 2016

The Indiana Court of Appeals upheld long-standing precedent when it dismissed an appeal of an agreed judgment between a law firm and a couple that accused the firm of malpractice.

Simon faces proposed class-action from guest services managers

June 17, 2016

Two former guest-services managers at shopping malls in Illinois and Oklahoma have sued Indianapolis-based Simon Property Group, claiming the retail property giant violated the Fair Labor Standards Act by failing to pay overtime and comply with other federal wage and hour provisions.

Children of trucking exec challenge will, claim wife orchestrated changes

June 17, 2016

The children of deceased Celadon Group Inc. co-founder Steve Russell claim his second wife engineered changes to his will while he suffered from dementia, boosting the amount she would immediately inherit from his $31 million estate at their expense.

Valpo grad convicted in violent attack of Virginia couple faces life sentence

June 17, 2016

A jury has recommended the man convicted of violently attacking a lawyer and his wife inside their McLean, Virginia, home be sentenced to life in prison.

Indiana man sentenced to life after third bank robbery

June 17, 2016

An Indiana man has been sentenced to life in prison under a federal "three strikes" law after he was convicted of robbing a Muscatine bank.

Lawsuit: Notre Dame displaying stolen early American art

June 17, 2016

The University of Notre Dame is displaying $575,000 worth of early American art that was stolen from a man 20 years ago, according to a lawsuit filed by the man's son.

Henry County judge to lead new Indiana Supreme Court office

June 17, 2016

Henry Circuit Judge Mary Willis has been named the first chief administrative officer of the Indiana Supreme Court.

Federal judge dismisses Texas’ lawsuit over Syrian refugees

June 16, 2016

Texas can't keep out Syrian refugees, a federal judge has ruled, dismissing concerns state Republican leaders' sounded over hidden extremists following the Paris attacks and revived this week by Donald Trump following the nightclub massacre in Orlando, Florida.

Senate committee cautioned against trying to solve immigration headaches

June 16, 2016

Attorneys and business leaders repeatedly told state officials Wednesday that the immigration system is broken but the federal government, not Indiana, should make the repairs.

Appeals court affirms town’s annexation ordinance is void

June 16, 2016

The Indiana Court of Appeals ruled a town’s failure to include roads in an annexation ordinance where it sought to annex two pieces of land rendered the ordinance void.

COA: Judge’s comments do not require dismissal of charges

June 16, 2016

The Indiana Court of Appeals ruled a trial court judge’s inappropriate comments during trial did not “goad” the defense into asking for a mistrial and affirmed denial of the defense’s motion to dismiss child molesting, rape and sexual misconduct charges against the defendant.

Opinions June 16, 2016

June 16, 2016

Indiana Supreme Court
Thomas L. Hale v. State of Indiana
35S02-1601-CR-37
Criminal. Reverses conviction of dealing in methamphetamine, holding that the trial court abused its discretion by failing to grant Hale depositions of two state witnesses at public expense. Advises trial courts denying an indigent defendant’s motion to depose state witnesses at public expense should issue findings supporting the denial.

Justices toss meth conviction, advise courts on indigent depositions

June 16, 2016

A Huntington County man’s conviction for dealing meth and 40-year sentence were reversed Thursday by the Indiana Supreme Court, which remanded the case for a new trial and used the decision to send a message to trial courts. The court ruled the denial of depositions of state witnesses by indigent defendants must be supported in the record by findings of fact.

COA upholds kidnapper’s sex offender status

June 16, 2016

A prisoner at the Indiana Department of Correction failed to convince the Indiana Court of Appeals that his sex offender classification should be dropped as the COA found it did not violate the ex post facto clause of the Indiana Constitution.

Senate committee unanimously supports Ong nomination

June 16, 2016

Winfield Ong received the support of the U.S. Senate Judiciary Committee Thursday to fill the vacancy on the U.S. District Court for the Southern District of Indiana. On a voice vote, the committee unanimously approved Ong’s nomination.

Baby box founder undeterred by warning, plans defense fund

June 16, 2016

The founder of an organization that has installed boxes where mothers can leave unwanted infants is undeterred by a warning from Indiana that they are illegal and intends to make sure more mothers have protected access to them.

Southern Indiana police department to ditch body cams

June 16, 2016

A southern Indiana police department will stop using body cameras because the chief thinks a new law will let too many people view the footage.

Law requires tougher standards for Great Lakes pipelines

June 15, 2016

Congress has ordered stronger safety measures for pipelines carrying oil and other fuels in the Great Lakes region.

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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

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

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