Supreme Court creates Office of Judicial Administration
The Indiana Supreme Court announced Wednesday it is creating a single Office of Judicial Administration in an effort to improve its internal governance.
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Prosecutors appeal Indianapolis coach’s release to parents
Federal prosecutors have appealed a judge's decision to allow a former Indianapolis high school boys' basketball coach to live with his parents while he faces charges that he enticed a 15-year-old girl into a sexual relationship.
Defense claims case against man in 1975 death circumstantial
The defense for a Terre Haute man accused of killing his first wife in 1975 claims the case against him is circumstantial.
East Chicago City Council seeks guidance on jailed member
The East Chicago City Council has decided to ask the Indiana attorney general and the State Board of Accounts for guidance as one of its members remains jailed.
Obama vows to press ahead on Clean Power Plan after setback
The administration of President Barack Obama is vowing to press ahead with efforts to curtail greenhouse gas emissions after a divided U.S. Supreme Court put his signature plan to address climate change on hold until after legal challenges are resolved.
7th Circuit disagrees with ALJ that woman is able to work
In vacating the denial of an application for Social Security disability benefits, the 7th Circuit Court of Appeals admonished the administrative law judge for giving more weight to the opinion of the non-examining physician than to the diagnosis of the doctors who have been treating the applicant.
General Assembly leaders honor Dickson
A resolution honoring the service of retiring Indiana Supreme Court Justice Brent Dickson unanimously passed both houses of the General Assembly, and House and Senate leaders praised the second-longest-serving justice in state history Tuesday.
Opinions Feb. 9, 2016
7th Circuit Court of Appeals
Debbie A. Stage v. Carolyn W. Colvin, Acting Commissioner of Social Security
15-1837
U.S. District Court for the Northern District of Indiana, Hammond Division. Judge Joseph Van Bokklelen.
Civil. Vacates the denial of Stage’s application for supplemental security income, disability insurance benefits and disabled widow’s benefits. Finds the medical evidence does not support the administrative law judge’s decision that Stage could stand or walk for six hours a day; stoop, crouch, occasionally climb ramps or stairs; and lift or carry up to 20 pounds. Remands for further consideration.
Hoosier’s quest to reach public road ends at 7th Circuit
The owner of a piece of southern Indiana property who could not reach his land because neighbors would not permit him to drive across their properties has lost his attempt to get to a main road.
Inaccurate property description does not render mortgage invalid
Despite errors, a mortgage still contained a “facially valid” description and the mortgage holder was protected from foreclosure.
Arrest, search of woman who walked from police unconstitutional
Indianapolis police who arrested and searched a woman after she walked away from them violated her Fourth Amendment rights, the Indiana Court of Appeals ruled Tuesday.
Supreme Court vacates Tax Court ruling in seized-dogs case
An Indiana Tax Court ruling that the state improperly denied a refund of the value of 240 dogs seized from an alleged puppy mill in southern Indiana was vacated Monday by the Indiana Supreme Court.
Publisher to pay $14M in ‘Happy Birthday’ copyright case
Music publisher Warner/Chappell Music will return $14 million in fees to settle a lawsuit that challenges its claim to "Happy Birthday," one of the world's best-known songs.
GOP state senator enters race for Indiana attorney general
A Republican state senator from Logansport says he will seek the Republican nomination for state attorney general.
2 more join federal suit challenging live Nativity scene
Two more parents have joined a federal lawsuit challenging a northern Indiana school district using a live Nativity scene as part of its annual Christmas show.
Walton sentenced to 9 years for role in Indy Land Bank scheme
Reggie Walton, the former director of the Indy Land Bank, was sentenced Monday to nine years in federal prison for his role in a scheme in which he received kickbacks for fraudulently directing the sale of abandoned or tax-delinquent properties.
DTCI: ‘It ain’t whatcha write, it’s the way atcha write it’
By Samantha Huettner Huettner Strong legal advocacy demands writing skills. Good writing wins cases; bad writing buries them. Fortunately, the skill is easily developed with practice. Those who want to develop in this area may consider the following: Read. To improve your own writing, you must learn to recognize good writing in the first place. […]
DTCI: Indiana Court of Appeals establishes third-party duty of care under CPA
On Dec. 31, 2015, the Indiana Court of Appeals issued a ruling in Collip v. Ratts, 49A05-1501-CT-1, 2015 WL 9589777 (Ind. Ct. App. Dec. 31, 2015). The underlying facts show that on March 30, 2009, one of a nurse practitioner’s patients, Robert Ratts, died as a partial result of mixed drug intoxication.