Councilors question Carmel attorney’s 2-week paid leave, then hefty raise
After going on paid administrative leave this fall, Carmel City Attorney Dough Haney received a 23 percent raise that will take effect in 2016.
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Opinions Nov. 18, 2015
Indiana Court of Appeals
Ada Brown v. Indiana Family and Social Services Administration
87A01-1501-PL-38
Civil plenary. Reverses imposition of a transfer penalty by FSSA against Brown, after finding she is eligible for Medicaid benefits, based on the sale of Brown’s home in 2010. Evidence shows the proceeds from the sale of the home were placed back in her irrevocable trust and the fair market value of her home was $75,000, not $91,900 as FSSA had valued it.
DNA collection bill filed in Legislature
Once again, the Indiana General Assembly is being asked to expand law enforcement’s ability to collect DNA.
Court orders man’s probation period reduced
The Indiana Court of Appeals found a man’s due process rights were violated because the state couldn’t prove he was advised of his constitutional rights at his probation revocation hearing. The appeals court ordered further proceedings on the matter, including reducing his period of probation to comply with statute.
FSSA incorrectly imposed transfer penalty on Medicaid recipient
Based on evidence presented that a Medicaid recipient’s home sold for $75,000 – the fair market value – and proceeds went back to the irrevocable trust that held legal title of the home, the Family and Social Services Administration incorrectly imposed a transfer penalty against the woman after it found the fair market value was $91,900, the Court of Appeals ruled Wednesday.
Indiana House leader backing tighter cold medicine law
The top Republican in the Indiana House on Tuesday endorsed tightening state law to require a doctor's prescription for cold and allergy medications that can be used to make methamphetamine.
GOP bill on Indiana LGBT rights has religious exemptions
Indiana Senate Republicans released a proposal Tuesday that would extend state civil rights protections to LGBT people while also carving out broad exemptions for religious institutions and some small businesses that object to working with gay people.
East Chicago councilman pleads not guilty to murder charge
An East Chicago councilman charged with murder has pleaded not guilty at an arraignment hearing in federal court.
Company drops request for immigrant detention center
A Florida-based company has withdrawn its request for a zoning variance to build an 800-bed immigration detention facility near the Gary Chicago International Airport.
EPA intends tougher downwind air-pollution rule in 23 states
The Environmental Protection Agency proposed tougher new limits on Tuesday on smokestack emissions from nearly two dozen states — including Indiana — that burden downwind areas with air pollution from power plants they can't control.
Opinions Nov. 17, 2015
Indiana Court of Appeals
Luis Fuerte v. State of Indiana (mem. dec.)
45A03-1501-CR-15
Criminal. Affirms aggregate 19-year executed sentence and convictions of Class B felony attempted incest, Class C felony child molesting and Class D felony sexual battery.
Suit: Nonprofit took improper fees from special needs trusts
An Indianapolis nonprofit is accused in a lawsuit of taking millions of dollars in excessive fees from trusts owned by people with disabilities.
House staff told by judge to obey insider probe subpoenas
The U.S. House Ways and Means Committee and a former top staff member must obey subpoenas in a Securities and Exchange Commission insider-trading investigation tied to health-care legislation, a federal judge ruled, rejecting their claims of immunity from such an inquiry.
Annual dollar campaign taking ‘more scientific’ approach
Indianapolis Legal Aid Society is kicking off its annual holiday fundraiser this week, hoping to raise $175,000 to $200,000.
Federal court issues decorum order for Fogle sentencing
The federal courtroom where former Subway pitchman Jared Fogle will be sentenced Thursday morning will be a cellphone-free zone, according to a decorum order issued in the case late Monday.
GOP legislator resigning year after costly re-election win
A Republican state legislator is resigning his seat a year after winning a re-election campaign that cost nearly $500,000.
Gary man charged with killing 2 seeks to represent himself
A northwest Indiana man charged with strangling two women and who could face the death penalty if convicted is asking a judge to allow him to represent himself during the trial.
Pence says he hasn’t reviewed GOP bill on LGBT rights
Republican Gov. Mike Pence says he has not reviewed a GOP proposal to address LGBT rights as well as religious protections during the coming legislative session.
IndyBar: Get Tips, Year’s Worth of CLE Credit
These are challenging times for lawyers and law firms, especially for solo and small firm practitioners. Whether you are newly graduated, considering transitioning to the solo/small firm world or a seasoned pro, the IndyBar’s Survive & Thrive 2015 program coming up on Wed., Dec. 9 will help you build and brush up on essential tools, information and connections to help move beyond surviving and into thriving in the practice of law.