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Opinions Oct. 28, 2015

October 28, 2015

Indiana Court of Appeals
Andre L. Owens v. State of Indiana (mem. dec.)
49A05-1503-CR-98
Criminal. Affirms Owens’ conviction of Class A misdemeanor trespass, finding the state presented sufficient evidence.

7th Circuit affirms man’s sentence for molesting baby

October 28, 2015

The 7th Circuit Court of Appeals affirmed a man’s sentence, supervised release conditions and restitution order after he pleaded guilty to raping, molesting and creating pornographic videos of an infant with the mother’s permission.

Bankruptcy filings down 11 percent in federal courts

October 28, 2015

Bankruptcy cases filed in federal courts for the fiscal year 2015 are down 11 percent as compared to FY 2014, the Administrative Office of the United States Courts announced Wednesday

Alito to visit Notre Dame Law School next month

October 28, 2015

Supreme Court of the United States Associate Justice Samuel Alito Jr. will visit the University of Notre Dame Nov. 18 and 19, where he will meet with law students and participate in a discussion on Italian constitutional justice.

Supreme Court to head north for oral arguments

October 28, 2015

The Indiana Supreme Court will hear arguments in a domestic battery case Friday at Portage High School in Porter County. The traveling oral argument allows students, the public and press in other areas of the state to see how the court works.

Apple fights DOJ over attempt to unlock seized iPhone

October 28, 2015

Apple Inc. is fighting the U.S. Justice Department’s demand for access to data on an iPhone seized during a drug probe just days after the company’s chief executive officer squared off against the director of National Security Agency over privacy.

Lawyer: Escort unlikely to talk with NCAA without immunity

October 28, 2015

The attorney for Katina Powell says his client is unlikely to cooperate with authorities and the National Collegiate Athletic Association unless she receives immunity for her allegations that a former University of Louisville men's basketball staffer hired her and other dancers to strip and have sex with recruits and players.

Water flavorings lawsuit may mean end of gravy train in Texas

October 28, 2015

Could a fight over flavoring water mean the end of a court district that’s become notorious for its patent litigation? It might, if Heartland Consumer Products Holdings LLC is successful in getting a patent-infringement lawsuit filed against it last year by Kraft Heinz Co. in Delaware moved to a court in its home state of Indiana.

Opinions Oct. 27, 2015

October 27, 2015

Indiana Court of Appeals
Jonathan E. Powell v. State of Indiana
49A02-1503-CR-135
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. The state failed to prove Powell was on the bar’s property when an off-duty police officer asked him to leave.

Evansville man gets 200 years for fire deaths of 3 people

October 27, 2015

A judge on Monday sentenced an Evansville man to 200 years in prison after a jury found him guilty but mentally ill on three counts of murder for starting a fire that killed his ex-girlfriend, her grandfather and her daughter.

Judge: Private Facebook messages fair game at arson trial

October 27, 2015

A judge has declined to prevent private Facebook messages from being considered as evidence at the trial of two people charged in an Evansville marina fire.

COA rejects father’s definition of ‘home’ in parental rights case

October 27, 2015

The “home” that is referred to in the statute allowing for the termination of parental rights is the home of the child and not the home of a particular parent, the Indiana Court of Appeals held Tuesday, rejecting a father’s argument in his appeal of the termination of his parental rights.

Judges reverse trespass conviction of man kicked out of bar

October 27, 2015

The Indiana Court of Appeals agreed with a defendant that there is insufficient evidence to support his criminal trespass conviction after he was kicked out of a downtown Indianapolis bar.

Detective’s testimony on drug buy inadmissible, but harmless error

October 27, 2015

The Indiana Supreme Court ruled the admission of a detective’s statement regarding a controlled drug buy should not have been admitted because it resolved the issue of the defendant’s guilt, but that admission into evidence was a harmless error.

Attorney general wants SCOTUS to reinstate death penalty

October 27, 2015

Indiana Attorney General Greg Zoeller announced Tuesday that he is asking the Supreme Court of the United States to reinstate the death penalty for Tommy R. Pruitt, who was convicted in the 2001 murder of a Morgan County sheriff’s deputy.

Marion County auditor sues city, BlueIndy over car-sharing contract

October 27, 2015

Marion County Auditor Julie Voorhies sued the city of Indianapolis on Monday over its contract with BlueIndy, saying the city illegally paid $6 million to the electric car-sharing service.

ILS awarded grant to help northern Hoosiers

October 26, 2015

Indiana Legal Services Inc. has received a $10,000 award to help families in the northern part of the state with bankruptcy filings.

Opinions Oct. 26, 2015

October 26, 2015

Indiana Court of Appeals
Robbie Lomax v. Jennie L. Michael

12A05-1503-CT-124
Civil tort. Reverses final judgment against Lomax in his wrongful death action against Michael, in which the trial court granted partial summary judgment in Michael’s favor based on its conclusion that Lomax does not qualify as a dependent next of kin as required by the General Wrongful Death Statute. A question of fact exists as to whether Lomax is a dependent next of kin to Edward Lomax. Remands for further proceedings.

Justices to hear Fortville annexation case

October 26, 2015

The Indiana Supreme Court will have its say on three cases it took on transfer last week, including the town of Fortville’s efforts to annex nearly 600 acres.

Court should decide if nephew is uncle’s dependent next of kin

October 26, 2015

The Indiana Court of Appeals reversed summary judgment in favor of the driver in a deadly car accident on the decedent’s nephew’s wrongful death action, finding questions exist as to whether the nephew is his uncle’s dependent next of kin.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

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  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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