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Opinions Nov. 20, 2015

November 20, 2015

Indiana Court of Appeals
Tyrone Causey v. State of Indiana
49A02-1503-CR-185
Criminal. Reverses Causey’s conviction of Class D felony intimidation. The state failed to present sufficient evidence from which a jury could find beyond a reasonable doubt that Causey communicated a threat to the officers that was intended to place them in fear of retaliation for responding to a call at his residence. 
 

Vacancy opens up on St. Joseph County bench

November 20, 2015

St. Joseph Superior Judge Jerome Frese is retiring early next year, opening up a spot on the bench. The St. Joseph County Judicial Nominating Commission will hold interviews with candidates in late December.

Volunteers needed for the We the People contest

November 20, 2015

Indiana Bar Foundation is looking for volunteers to help with the We the People state competition.

Ex-jewelry store operators lose tax appeal

November 20, 2015

The operators of a former jewelry store in central Indiana were unable to convince the Indiana Tax Court they are entitled to more than $160,000 in sales tax refunds.

COA: Man’s threat to officers not intimidation

November 20, 2015

The Indiana Court of Appeals held Friday that a man who threatened to shoot officers dispatched to his home did not commit intimidation as defined by the statute.

Oracle says judge’s expert biased in $1B Google-Java case

November 20, 2015

Oracle Corp. says it can’t get a fair shake from an economics professor serving as a damages expert in its billion-dollar court battle with Google over the Java platform.

Obama lawyers ask Supreme Court to revive immigration plan

November 20, 2015

President Barack Obama’s administration moved quickly to seek a U.S. Supreme Court hearing on his plan to shield as many as 5 million undocumented immigrants from deportation, setting up the prospect of a politically charged court battle next year.

Allen County settles suit over length of detainments at jail

November 20, 2015

Allen County leaders have approved a roughly $638,000 settlement of a class-action lawsuit claiming 962 people were detained too long in the county jail.

Indiana man’s murder trial in wife’s death ends in hung jury

November 20, 2015

A murder trial for a northwestern Indiana man accused of killing his wife has ended with a hung jury.

Opaque military justice system shields child sex abuse cases

November 19, 2015

More inmates are in U.S. military prisons for sex crimes against children than for any other offense, an Associated Press investigation has found, but an opaque justice system prevents the public from knowing the full scope of the crimes or how much time the prisoners spend behind bars.

Lawyers: NFL concussion deal excludes central brain injury

November 19, 2015

Lawyers appealing the NFL's $1 billion plan to address concussion-linked injuries in former players asked a court Thursday to reject the settlement because it excludes what they call the signature brain disease of football.

‘Chic’ Born retiring after 45-year career

November 19, 2015

Saying “it’s time,” Indianapolis attorney Samuel “Chic” Born is retiring from the practice of law at year’s end.

Opinions Nov. 19, 2015

November 19, 2015

Indiana Court of Appeals
Mary K. Patchett v. Ashley N. Lee
29A04-1501-CT-1
Civil tort. Affirms on interlocutory appeal the grant of a motion in limine filed by Lee and order that evidence of payments made by the Healthy Indiana Plan to reimburse Lee’s medical providers in full satisfaction of her bills was barred by the collateral source statute and is not admissible under Indiana case law. Determines that the rule of Stanley applies only to lower paid amounts when those amounts are the result of negotiated discounts and therefore are probative of a medical service’s reasonable value.

State’s first certified alternate e-filing provider offers free trial

November 19, 2015

An Indiana-based e-filing company offering service enhancements is the first certified alternative provider for the state trial and appellate courts’ fledgling electronic filing program.

HIP payments not negotiated; Stanley not applicable

November 19, 2015

Medical payments made by the Healthy Indiana Plan for a woman involved in a car accident to reimburse her medical providers in full satisfaction of hospital bills were properly excluded at trial, the Court of Appeals held Thursday. The trial court correctly ruled that those payments are barred by the collateral source statute and that Stanley v. Walker does not apply.

Fogle sentenced to 15 years for pornography, sex crimes

November 19, 2015

A judge on Thursday sentenced former Subway pitchman Jared Fogle to 15 years and eight months in federal prison — even more than requested by prosecutors — for trading in child pornography and having sex with underage prostitutes.

Percentage of African-American associates continues to decline

November 19, 2015

The percentage of African-American associates at law firms has declined each of the last six years, a trend NALP Executive Director James Leipold calls “distressing.”

‘Dumping Ground’ juvenile justice documentary debuts tonight

November 19, 2015

A documentary following an Indiana teen with an IQ of 40 and others who were abandoned by their parents and ended up behind bars will debut on public television tonight.

Legal experts urge caution as tribes enter pot business

November 19, 2015

Tribes across the U.S. are finding marijuana is risky business nearly a year after a Justice Department policy indicated they could grow and sell pot under the same guidelines as states.

Suspected killer cancels request to represent himself

November 19, 2015

A northwest Indiana man charged with strangling two women has decided not to represent himself during his upcoming trial.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

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

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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