Porter and Lake counties welcome Indiana justices
The 1,100 seat auditorium at Portage High School was nearly full Oct. 30 as students from 10 schools along with members of the legal community attended the Indiana Supreme Court’s oral arguments.
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Legislative panel endorses denying rapists parental rights
Some Indiana legislators are backing a change in state law aimed at denying parental rights to rapists if the assault results in a pregnancy.
Lower court ruling stands in S&P ratings case
The Supreme Court of the United States won't hear an appeal from shareholders who claim the Standard & Poor's ratings firm made false statements about its ratings of risky mortgage investments that helped trigger the financial crisis.
Opinions Nov. 2, 2015
Indiana Court of Appeals
Chris Harkins v. State of Indiana (mem. dec.)
15A01-1412-CR-553
Criminal. Affirms conviction of five counts of Class C felony forgery, two counts each of Class D felony identity deception and credit card fraud, Class A misdemeanor deception, and a jury’s adjudication of Harkins as a habitual offender. The trial court did not err in denying Harkins’ motions for severance, continuance and to exclude evidence. The convictions did not violate the prohibition against double jeopardy.
Supreme Court takes up property tax refund dispute
Whether the owners of an industrial property who were in default on a mortgage are entitled to a property tax refund is a question the Indiana Supreme Court will decide.
SCOTUS won’t accept appeal in anti-gay defamation verdict
The Supreme Court of the United States Monday rejected an appeal from a former lawyer for the state of Michigan who lost a defamation lawsuit filed by a gay student at the University of Michigan.
High court won’t hear appeal over use of Bob Marley’s image
The Supreme Court of the United States Monday rejected an appeal from clothing companies that claim they have legal rights to sell shirts with the image of reggae icon Bob Marley.
FanDuel sued by former Colt over use of name, image
Fantasy-sports gaming site FanDuel Inc. has been sued by former Indianapolis Colts receiver Pierre Garcon over the use of his name and image, which he claims was done without his permission.
Grand jury investigating Louisville basketball sex scandal
IBJ Book Publishing officials have been subpoenaed to testify before a grand jury investigating allegations that a University of Louisville men's basketball program official hired strippers and prostitutes to entertain players and recruits, company officials confirmed Friday.
Tax Court affirms rulings for Verizon in contested assessments
State tax authorities who couldn’t convince administrative boards to uphold a tripling of assessed valuation on Verizon facilities in Allen County had no better luck Friday before the Indiana Tax Court.
Settlement payments were income, COA rules
A father’s monthly annuity payments from a structured settlement agreement should have been counted as income when calculating his child support obligation, the Indiana Court of Appeals has ruled.
Indiana gets $1.36M in Stericycle whistleblower suit settlement
Indiana has received $1.36 million in the settlement of a lawsuit alleging an Illinois company overcharged governments for disposal of medical waste.
Opinions Oct. 30, 2015
Indiana Court of Appeals
Brooks Berg v. State of Indiana
32A01-1504-CR-127
Criminal. Affirms convictions of Class D felony operating while intoxicated and Class B misdemeanor reckless driving. Berg argued the state violated his double jeopardy rights under Richardson v. State, 717 N.E.2d 32 (Ind. 1999), when it used the evidence it had presented to the jury to support the reckless-driving charge to demonstrate the endangerment element of the operating-while-intoxicated charge. The state conceded the argument, but the court rejected the reasoning as a misunderstanding of Richardson, because one offense required intoxication and the other required the act of reckless driving.
Panhandling laws face challenge after church signs ruling
Cities trying to limit panhandling in downtowns and tourist areas are facing a new legal hurdle because of a recent Supreme Court of the United States ruling that seemingly has nothing to do with asking for money.
Immigrants caught at border believe families can stay in US
Nearly a year after the Obama administration launched a massive public relations campaign to dispel rumors of a free pass for immigrant families crossing the border illegally, internal intelligence files from the Homeland Security Department suggest that effort is failing.
COA affirms convictions state conceded as double jeopardy
State attorneys who agreed with a defendant’s argument that his felony drunken-driving and misdemeanor reckless driving convictions violated double-jeopardy protections were wrong, the Indiana Court of Appeals ruled Friday, affirming both convictions.
West Virginia prosecutor suspended after pulling gun on fake spiders
An assistant prosecutor in Logan, West Virginia, has been suspended after pulling a gun and threatening to shoot fake spiders scattered around the office as Halloween decorations.
Lawsuit: DCS illegally slashes subsidies if special-needs kids adopted
A lawsuit filed Thursday claims the Indiana Department of Child Services violated federal law when it proposed to slash assistance for three profoundly disabled children after their grandparents who served as foster parents planned to adopt them.
Jurists honored for longevity of service
Eight Indiana jurists were honored by Indiana Supreme Court Chief Justice Loretta Rush for 24 years of service on the bench at an annual judicial conference, the court announced Thursday.
Court rejects ACLU’s request to stop phone record collection
A federal appeals court in New York has rejected the American Civil Liberties Union's effort to stop bulk collection of its phone records while a more limited collection system is put in place.