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7223 results for 'articles'

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Dispute over Uptown Business Center in SoBro gets messier

August 7, 2013

A months-long court feud over a retail building at the southwest corner of 49th Street and College Avenue in Indianapolis has become even more heated now that the owner has sought bankruptcy in an attempt to delay foreclosure on the structure.

Judge tosses one of two stent patent suits against Cook Medical

August 7, 2013

A federal judge Wednesday dismissed a patent dispute case against Cook Medical Inc. of Bloomington, but a Texas corporation continues to press its claim that the device maker infringed its patents on blood vessel stents and grafts.

Muncie church did not invade on grieving couple’s privacy

August 7, 2013

A church that issued a press release and held a press conference following the sudden death of a baby boy was found to not have interfered with the parents’ reasonable expectation of solitude and seclusion. 

Holiday World family takes dispute to Court of Appeals

August 6, 2013

An agreement meant to keep a popular amusement park in the family has sparked a bitter dispute that has reached the Indiana Court of Appeals.

Opinions Aug. 6, 2013 ILD

August 6, 2013

Indiana Court of Appeals
Indiana-American Water Company, Inc. v. Indiana Office of Utility Consumer Counselor, City of Crown Point, Indiana (NFP)
93A02-1301-EX-17
Agency action. Affirms the Indiana Utility Regulatory Commission’s denial of a request to include the costs of an accelerated automated meter-reading replacement program in its distribution system improvement charge.

Marcus L. Wilson v. State of Indiana (NFP)

20A03-1212-CR-557
Criminal. Affirms conviction of Class D felony domestic battery.

In the Matter of the Guardianship of: M.A.M.J., a minor; Diana Sullivan v. Katherine Ashley Oliver (NFP)
29A02-1208-GU-664
Guardianship. Affirms trial court order appointing K.O. as permanent guardian of M.J.’s person and estate.

Lamar Allen Colley v. State of Indiana (NFP)
71A05-1302-CR-89
Criminal. Affirms convictions of Class A misdemeanor battery and interference with reporting a crime.

Travis Cunningham v. State of Indiana (NFP)
09A02-1302-CR-209
Criminal. Affirms conviction of Class A misdemeanor battery and contempt of court.

Cody Hoffman v. State of Indiana (NFP)
78A05-1212-CR-655
Criminal. Affirms sentence on convictions on two counts of Class C felony burglary.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Tuesday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.
 

Opinions Aug. 6, 2013

August 6, 2013

Indiana Court of Appeals
Robert E. Redington v. State of Indiana
53A01-1210-CR-461
Criminal/firearm seizure. Affirms a trial court order approving the seizure of firearms from a person determined to be dangerous under I.C. 35-47-14-1. The majority concluded that evidence of probative value exists from which the court could have determined by clear and convincing evidence that Redington was dangerous as defined by Ind. Code § 35-47-14-1(a)(2)(B), and accordingly it was within its discretion to order the Bloomington Police Department to retain Redington’s firearms pursuant to Ind. Code § 35-47-14-6(b). Dissenting Judge Patricia Riley would reverse the trial court, holding that Redington was not properly found dangerous under the statute.

Seizure of guns upheld for ‘dangerous’ man who stalked Spierer site

August 6, 2013

A man who behaved erratically, told far-fetched stories of seeing missing Indiana University student Lauren Spierer, and scoped out the place she was last seen alarmed Bloomington police enough that authorities took from him and his Indianapolis home 51 guns and ammunition.

Dismissal, jury verdict for Alcoa in cancer suit stand on appeal

August 6, 2013

A couple who sued an aluminum manufacturer and claimed their exposure to toxic chemicals led to the husband’s rare form of liver cancer lost their appeal Tuesday.

Shepard task force paper cites ‘deeply flawed’ legal ed funding system

August 6, 2013

Former Indiana Chief Justice Randall T. Shepard’s task force looking at the future of legal education financing sees a “deeply flawed” system, according to a working paper presented at this week’s annual meeting of the American Bar Association in San Francisco.

Clerk responds to attorneys’ concerns about personal security

August 6, 2013

Attorneys’ concerns over personal security have prompted the Indiana Clerk of Courts to offer an opt-out feature when updating attorney registrations on its registration portal.

Habeas writ reverses resentencing from divided COA

August 6, 2013

A Fulton County man who filed a writ of habeas corpus claiming he was falsely imprisoned won a reversal of a clarified sentencing order Tuesday, with one Court of Appeals judge saying he should be freed entirely.

Opinions Aug. 5, 2013 ILD

August 5, 2013

Indiana Court of Appeals
In Re the Guardianship of C.S. and A.S.: E.R. v. M.S. and D.S. (NFP)

79A02-1210-GU-863
Civil/guardianship. Reverses and remands a modification of visitation granting more time for paternal grandparents to visit their grandchildren, C.S. and A.S. The panel held the that trial court abused its discretion in failing to restrict the paternal grandparents’ visitation as had been requested by the children’s adoptive father, E.R., who also is their maternal grandfather.

Todd M. Westbrook v. Review Board of the Indiana Department of Workforce Development and Youth Opportunity Center, Inc. (NFP)
93A02-1209-EX-759
Civil/agency action. Affirms dismissal of an appeal of unemployment benefits to the Department of Workforce Development Unemployment Review Board.

Zachariah Galyan v. State of Indiana (NFP)
55A01-1303-CR-140
Criminal. Affirms three-year sentence on a conviction of Class D felony intimidation.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

Opinions Aug. 5, 2013

August 5, 2013

Brad Kroft v. State of Indiana
49A04-1211-CR-593
Criminal. Reverses and remands on interlocutory appeal denial of a motion to suppress, holding that a state trooper who stopped a motorist because a working tail lamp had a dime-sized hole that emitted white light did not have reasonable suspicion to initiate a traffic stop that resulted in two charges: Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more, and Class C misdemeanor operating a vehicle while intoxicated.

Attorney general sues AT&T for suspending injured workers

August 5, 2013

AT&T’s Indiana operating company faces a discrimination lawsuit from the Indiana Department of Labor for suspending three workers, allegedly because they reported work-related injuries.

Indianapolis loses attorney and civic leader Edgar Lamb

August 5, 2013

An attorney who played an integral role in consolidating the governments of the city of Indianapolis and Marion County, which made the Hoosier state capital the 11th largest city in the United States, has died.

Hole in tail lamp no cause for traffic stop, appeals panel rules

August 5, 2013

An Indiana State Police trooper who pulled over a Jeep because a hole in its tail lamp emitted white light lacked probable cause to initiate the traffic stop that resulted in drunken-driving charges.

Judge clears IU to donate $450,000 for Conour victim restitution

August 5, 2013

A judge last week approved an order clearing the way for Indiana University to transfer $450,000 to a federal court restitution fund for victims of former personal-injury and wrongful-death attorney William Conour.

Shuai pleads guilty to lesser charge, is freed

August 2, 2013

The Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died pleaded guilty to a lesser charge of criminal recklessness, a Class B misdemeanor.

Shuai pleads guilty to criminal recklessness

August 2, 2013

A Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died has pleaded guilty to a lesser charge of criminal recklessness, a Class B misdemeanor.

Shuai enters guilty plea

August 2, 2013

A Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died will plead guilty. Bei Bei Shuai’s plea agreement was announced this afternoon at a news conference in Marion Superior Court. She was to face trial beginning Sept. 3. […]

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

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  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • State judiciary is considering alternative exam for bar admission

  • Birth certificate changes for seven transgender Hoosiers are in limbo

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