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Indiana will get share of $1.38B Standard & Poor’s settlement

February 3, 2015

A billion-dollar settlement stemming from allegations that Standard & Poor’s Financial Services LLC misled investors in the lead up to the 2008 financial crisis will net Indiana $21.5 million.

Man’s criminal confinement conviction reversed, battery conviction reinstated

February 3, 2015

The Indiana Court of Appeals ordered a Class B felony criminal confinement conviction reversed based on insufficient evidence, but judges ordered a battery conviction previously dismissed over double jeopardy concerns reinstated.

COA affirms father must pay $876 in child support to non-custodial parent

February 3, 2015

There was no error by a trial court when it ordered a father to pay his ex-wife, who is the non-custodial parent of their two children, nearly $900 a week in child support, the Court of Appeals affirmed Tuesday. The order and figure are supported by the Indiana Child Support Guidelines.

Nominee for Southern District bench could be named by summer

February 3, 2015

The vacancy on the U.S. District Court for the Southern District of Indiana could be filled by the end of the year, according to Indiana’s Democratic U.S. senator.

COA reverses summary judgment in personal injury claim, abandons volunteer doctrine

February 3, 2015

A negligence case involving a Terre Haute HVAC business and a man injured while helping move a furnace will move forward now that the Indiana Court of Appeals has reversed summary judgment in favor of the company.

COA reverses conviction based on unreasonable police search

February 3, 2015

A police officer had no reasonable suspicion to believe that a container found in a man’s pocket during an arrest held any illegal substances, the Indiana Court of Appeals ruled Tuesday. As such, it reversed his Class D felony possession of schedule III controlled substance conviction, ruling it violated the Indiana Constitution.

Senate passes bill allowing religion-based hiring by contractors

February 3, 2015

The Indiana Senate has moved a bill to the House of Representatives that will allow religious institutions that receive state and local government contracts to make hiring decisions based upon religion.

Opinions Feb. 2, 2015 ILD

February 2, 2015

Indiana Court of Appeals
Constantine D. Mills, Jr. v. State of Indiana (mem. dec.)
90A05-1406-CR-291
Criminal. Dismisses appeal of sentence because Mills has waived his right to appeal.
 

Opinions Feb.2, 2015

February 2, 2015

Indiana Tax Court
Brandenburg Industrial Service Co., an Illinois Corp. v. Ind. Dept. of State Revenue
49T10-1206-TA-37
Tax. Denies Brandenburg’s request that the Department of State Revenue must disclose its potential non-expert witnesses, but orders the department to produce the two pages of handwritten notes that Brandenburg seeks.  Finds the department has adequately answered the interrogatory and will not compel it to identify any additional potential non-expert witnesses, but the handwritten notes are relevant.

Justices send post-conviction case back to COA for consideration

February 2, 2015

The Indiana Supreme Court has vacated the dismissal of a Marion County post-conviction case and remanded it to the Court of Appeals. That was one of two cases justices took action on last week.

Judge orders revenue department to produce handwritten notes

February 2, 2015

Two pages of handwritten notes prepared by an Indiana Department of State Revenue employee must be turned over to an Illinois company challenging the denial of four refund claims, the Indiana Tax Court held Friday.

Appeals court finds high-fence deer hunting not prohibited in Indiana

February 2, 2015

Indiana law does not prohibit “high-fence” hunting of deer in Indiana, nor does it allow for the Department of Natural Resources to create regulations relating to the practice, the Indiana Court of Appeals ruled Monday.

Indiana courts press for $5M for e-filing system

February 2, 2015

Indiana courts are asking lawmakers to allocate an additional $5 million a year so they can implement an electronic filing system that allows litigants to submit paperwork online and gives the public free access to court records.

Winter storm delays child neglect trial in South Bend

February 2, 2015

A winter storm that brought as much as 19 inches of snow to northern Indiana has delayed a South Bend child neglect trial.

Opinions Jan. 30, 2015 ILD

January 30, 2015

Indiana Court of Appeals
Thomas W. Burton v. State of Indiana (mem. dec.)
41A01-1312-CR-539
Criminal. Affirms convictions of Class B felonies dealing in a schedule II controlled substance and aiding in dealing in methamphetamine, and two counts of dealing in a schedule IV controlled substance as Class C felonies.

Gary Allen Gibson v. State of Indiana (mem. dec.)
39A05-1404-CR-156
Criminal. Affirms convictions and 16-year executed sentence for Class B felony aggravated battery and Class D felony criminal confinement.

Joseph Pohl v. State of Indiana (mem. dec.)
38A02-1404-CR-223
Criminal. Affirms aggregate 30-year sentence for convictions of two counts of Class B felony burglary and two counts of Class D felony theft.

Jon Colin Blauvelt v. State of Indiana (mem. dec.)
53A04-1407-PC-308
Post conviction. Affirms denial of petition for post-conviction relief.

Matthew R. Eden v. State of Indiana (mem. dec.)
41A05-1405-CR-211
Criminal. Affirms revocation of probation and imposition of Eden’s previously suspended sentence after he violated his probation for his conviction of Class C felony possession of a controlled substance.

Tony Frary v. State of Indiana (mem. dec.)
71A03-1406-CR-213
Criminal. Affirms conviction of Class D felony domestic battery.

In the Matter of the Termination of the Parent-Child Relationship of: M.B. (Minor Child) and S.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A04-1407-JT-326
Juvenile. Affirms termination of father’s parental rights.
 

Opinions Jan. 30, 2015

January 30, 2015

7th Circuit Court of Appeals
United States of America v. Anthony Bailey
13-3229
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Finds Bailey’s motion asking for a reduced sentence is best understood as a petition for relief under 28 U.S.C. Section 2255 for a sentence that was imposed contrary to the law. Based on Dorsey v. United States, Bailey should have been subject to a mandatory minimum sentence of only 10 years, instead of 20, after he pleaded guilty in 2011 to distributing crack cocaine. Remands for a new sentencing hearing.

Judges deny request to modify probation to allow contact with daughter

January 30, 2015

The judges on an Indiana Court of Appeals panel had different reasons for affirming the denial of an incarcerated man’s petition to modify his probation so that he could have contact with his daughter.

7th Circuit rules man entitled to new hearing on crack-cocaine sentence

January 30, 2015

The 7th Circuit Court of Appeals reversed the denial of a prisoner’s motion for a reduced sentence for distributing crack cocaine, finding that he is allowed to bring his petition for relief under 28 U.S.C. Section 2255.

New part-time law school program launched at Indiana Tech

January 30, 2015

Indiana Tech Law School has started a part-time day program to allow students to obtain their J.D. in as many as seven years.

Ex-Evansville official gets 4 years for money laundering

January 30, 2015

A federal judge has sentenced a former Evansville Redevelopment Commission member to four years in prison for money laundering.

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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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