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COA interprets Uniform Premarital Act for first time

February 26, 2015

A premarital agreement entered into by a pregnant teenage girl and her future husband who was twice her age was unconscionable when the agreement was executed in 1995, the Indiana Court of Appeals held Thursday in an issue of first impression.

Ex-con tells judge he robbed bank to get sent back to prison

February 26, 2015

An ex-convict who robbed a bank hoping he'd be sent back to prison told an Indiana judge he wanted to plead guilty only if he received the maximum 8-year sentence.

Senate panel OK’s Obama attorney general pick

February 26, 2015

Loretta Lynch won approval from a key Senate committee Thursday to serve as the nation's next attorney general, as divided Republicans clashed over her support for President Barack Obama's immigration policies.

Opinions Feb. 25, 2015, ILD

February 25, 2015

Indiana Court of Appeals
Rachel Staggs v. Corena Buxbaum (mem. dec.)
47A01-1406-PL-254
Civil plenary. Affirms finding against Staggs on a claim of fraudulent misrepresentation. Remands with instructions to reconsider and recalculate the damages.

Michael C. Feldhake v. Meryle Feldhake (mem. dec.)
49A04-1405-DR-250
Domestic relation. Affirms judgment of the trial court regarding the value of certain assets but remands for the limited purpose of allowing the court to address matters of payment pursuant to the provisional agreement and joint tax liability.

John Deckard v. State of Indiana (mem. dec.)

53A01-1405-PC-222
Post conviction. Affirms denial of petition for post-conviction relief.

Clay Howard v. State of Indiana (mem. dec.)
48A02-1406-CR-384
Criminal. Affirms murder conviction.
 

Opinions Feb. 25, 2015

February 25, 2015

Indiana Court of Appeals
Gordon L. Peak, Jr. v. State of Indiana
27A04-1406-CR-260
Criminal. Affirms conviction of Class D felony possession of marijuana in excess of 30 grams. Trial counsel was not deficient for failing to file a motion to suppress the marijuana or for not objecting at trial to the admission of it on the grounds the traffic stop was illegal.

Allen County seeks to fill upcoming magistrate vacancy

February 25, 2015

The Allen Superior Court is conducting a statewide search to replace retiring Magistrate Judge Jerry Ummel. The court hopes to have the new magistrate on the bench in late April.

Marion County small claims court bill passes Senate

February 25, 2015

A proposal that would leave the long-criticized Marion County township small claims courts intact with modest changes has cleared the Indiana Senate. The bill would raise the limit on disputes from the current $6,000 to $8,000.

COA rules lack of probable cause for warrant makes evidence inadmissible

February 25, 2015

The Indiana Court of Appeals held Wednesday that a probable cause affidavit allowing police to search the home of a man suspected of manufacturing methamphetamine did not establish a confidential informant’s credibility and lacked probable cause. The majority also concluded that the good-faith exception would not be applicable in David Cartwright’s case.

Legal aid agency chooses new leader

February 25, 2015

The Neighborhood Christian Legal Clinic has tapped an internal candidate to be the agency’s next executive director.

Inmate entitled to hearing on damages following public records request

February 25, 2015

A Marion County court should have considered a Department of Correction inmate’s claims for civil penalties and court costs against the DOC instead of dismissing the case after the DOC produced the public records the inmate sought, the Court of Appeals ruled.

COA affirms cutting off mother’s communication with daughter

February 25, 2015

The court record is replete with evidence supporting a juvenile court’s decision that a teenage girl would be better off if communication and visits with her mother were terminated, the Indiana Court of Appeals held Wednesday. The girl, in foster care, often had detrimental visits with her mother.

Judges rule counsel was not deficient, drug conviction stands

February 25, 2015

The Indiana Court of Appeals affirmed a man’s conviction of Class D felony possession of marijuana in excess of 30 grams after finding that the claims he wanted his attorney to raise at trial would not have prevailed.

South Bend council urged to stop seeking police recordings

February 25, 2015

Two of the four South Bend police officers whose telephone recordings are at the center of a police wiretapping case want city council members to end their pursuit of those recordings.

Lawyers arguing mental illness in murder conviction appeal

February 25, 2015

The Indiana Supreme Court is set to hear an appeal of the conviction of a schizophrenic man serving a life sentence in the death of his mother.

Senate to take up repeal of state construction wage law

February 25, 2015

The leader of the Indiana Senate says it will take up a Republican-led push to repeal the state law that sets wages for public construction projects.

Senate defeats proposed farming constitutional amendment

February 25, 2015

The Indiana Senate has defeated a proposal that would have added "right to farm" protections to the state's constitution.

The first 2 law schools to drop the LSAT could be just the beginning

February 24, 2015

Two law schools said this month that they would begin accepting applicants who have not taken the Law School Admissions Test, a move that may help curb weak interest and plunging enrollments in law schools across the country.

Professor says verdict highlights need for Congress to revisit terrorism law

February 24, 2015

A historic $218.5 million verdict handed down Feb. 23 against Palestinian organizations for a series of terrorist attacks that killed or injured several U.S. citizens could bring unintended consequences and should cause Congress to reexamine federal terrorism statutes, according to a prominent Indiana legal scholar.

Opinions Feb. 24, 2015 ILD

February 24, 2015

Indiana Court of Appeals
Curtis Hardaway v. State of Indiana (mem. dec.)
49A02-1404-PC-261
Post conviction. Affirms denial of post-conviction relief.

Pamela Richardson v. State of Indiana (mem. dec.)
49A04-1406-CR-244
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Nathan C. Cook v. State of Indiana (mem. dec.)
27A02-1403-CR-211
Criminal. Affirms aggregate 50-year sentence and convictions of Class A felonies dealing in cocaine over three grams and conspiracy to deal cocaine.

Jerrick Whitley v. State of Indiana (mem. dec.)
49A02-1406-CR-433
Criminal. Affirms in part, reverses in part and remands. Affirms Class D felony confinement conviction but vacates a Class A misdemeanor battery conviction because the trial court committed fundamental error when it failed to tender a specific unanimity instruction to the jury.
 

Opinions Feb. 24, 2015

February 24, 2015

Indiana Court of Appeals
Meridian North Investments LP v. Anoop Sondhi DDS, MS
49A02-1405-PL-311
Civil plenary. Affirms on interlocutory appeal denial of Meridian North’s motion for summary judgment on Sondhi’s negligence claim arising from injuries sustained after a fall caused by slipping on ice as he attempted to enter his office. While Sondhi signed a lease as an officer of a partnership, a landlord exculpatory clause in the lease contract limiting Meridian’s liability did not bind Sondhi personally from pursuing a negligence claim.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

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

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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

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