Home » Search

Search Results

7183 results for 'articles'

To refine your search through our archives use our Advanced Search

Court split on non-compete geography

Geography is the main sticking point that has split the Indiana Supreme Court on determining reasonableness of non-compete covenants as they relate to physicians and medical practices.With its 3-2 ruling March 11 in Central Indiana Podiatry v. Kenneth Krueger, Meridian Health Group PC, No. 29S05-0706-CV-256, the court held that employment contracts between doctors and medical practice groups don’t absolutely go against public policy and are enforceable if written reasonably.But views on what’s “geographically reasonable” in the latter part of the holding is what…

COA opts for judicial restraint

The Indiana Court of Appeals has opted for judicial restraint in not deciding whether state statutes involving the Commerce Clause and the use of clean coal technology are unconstitutional.

COA: Defendant had imperfect, yet fair trial

Defendants are entitled to fair trials, not perfect ones, and the imperfections of one defendant’s trial didn’t deprive him of a fair trial, ruled the Indiana Court of Appeals. The court upheld the murder conviction of John Myers II, who was convicted two years ago of killing IU student Jill Behrman in 2000. Authoring Judge Cale Bradford wrote in the 44-page opinion, John R. Myers II v. State of Indiana, No. 55A05-0703-CR-148, the court acknowledges there were certain discrete imperfections at Myers’…

Man can’t collaterally attack sentence again

The 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under the same section.

4.4 million Hoosiers registered to vote

ccording to the Indiana Secretary of State’s Web site, Indiana has nearly 4.4 million registered voters, based on information last updated Sept. 27.

Transfer granted in cleanup liability case

The Indiana Supreme Court granted transfer Wednesday in a case involving environmental cleanup costs and which party would be liable to incur those costs. At issue in Dreaded Inc., v. St. Paul Guardian Insurance Co., et al., No. 49A02-0701-CV-78, is whether St. Paul is liable for environmental cleanup defense costs incurred prior to receiving notice of potential liability from Dreaded about an environmental claim. Dreaded received a claim letter in 2000 from the Indiana Department of Environmental Management demanding the company do…

Jury: Ex-Ball State officer not liable in shooting

A federal jury decided in less than three hours that a former Ball State University police officer isn’t liable in the fatal shooting of a drunken, unarmed student four years ago.An eight-person jury returned Monday evening with a verdict in about 2 ½ hours, after hearing 10 days of arguments and testimony in the case of McKinney v. Robert Duplain in U.S. District Court in Indianapolis. Jurors determined that Duplain wasn’t liable for Michael McKinney’s death.More than 50 people – mostly…

Judges disagree on trust jurisdiction issue

In a matter of first impression, Indiana Court of Appeals judges disagreed whether an Indiana probate court had subject matter and personal jurisdiction over a trust based in Virginia.

Marion County public defender arrested

A Marion County public defender faces felony charges after being arrested Sunday following an undercover child sex sting by the Indianapolis Metropolitan Police Department.Ryan Snyder, 29, was arrested about noon on the south side of Indianapolis, according to a police report. He is accused of using the Internet to set up a meeting with a 15-year-old girl for sex, the report said. A detective posed as the teenager and arrested him, as well as another man during the weekend sting. Police…

Update: Confirmation doesn’t stop court business

Business is going on as usual this morning for the U.S. District Court Southern District of Indiana, despite a historic moment that’s happened in the court.The U.S. Senate voted unanimously about 5 p.m. Thursday to confirm Magistrate Judge William T. Lawrence as a federal judge, meaning he’ll be the Southern District’s first-ever magistrate to be elevated to the constitutionally established Article III judge status.Senators took a break from discussion on wiretapping to talk about judicial nominations, and held a roll-call vote…

COA: Mortgage lien holder has priority

The Indiana Court of Appeals determined today that two contractors with mechanic's liens did not have priority over the mortgage lien held by the bank in a foreclosure action, discussing a law in a ruling for only the second time since it was enacted in 1999.

Valpo law lecture series starts Sept. 16

Valparaiso University School of Law's fall lecture series "Scholars and Advocates in Residence: Shaping the Public Dialogue" kicks off Sept. 16 with a presentation from a senior lecturer in law from Ireland.

Tax fraud lands attorney in prison

An Indianapolis personal injury lawyer will spend time in prison for committing tax fraud by underreporting his income.U.S. District Judge Larry J. McKinney of the Southern District’s Indianapolis Division sentenced Robert E. Lehman to eight months in prison and six months of home detention after he pleaded guilty to making a false federal income tax return.Lehman filed false personal income tax returns with the IRS in 2002, 2003, and 2004, by understating his business income. When he paid his clients from…

Deputy Allen County prosecutor dies

A deputy Allen County prosecutor died suddenly March 16 after a short illness. John William Archer was 58. Archer, a lifelong Hoosier, was born in Hartford City and earned his bachelor’s degree at Wabash College. He earned his J.D. at Valparaiso University School of Law. He spent 20 years in the Allen County Prosecutor’s Office and served as section head of the misdemeanor court. Prior to that, he owned Ruby Red Hot Records, a reflection of his love of music. He is survived…

High court transfer filed in early-voting case

The plaintiffs in a suit challenging Lake County early-voting satellite locations are appealing a special judge's order to keep the locations open to the Indiana Supreme Court.

Mental health, criminal justice training set

The National Alliance on Mental Illness Indiana is hosting later this month its Mental Health and Criminal Justice Training program, which is geared toward attorneys, judges, correctional officers, mental-health providers, and others to educate them about mental illness.Session topics include “Categories of Mental Illness,” “The View from Inside,” and “Interacting and Communicating with Persons with a Mental Illness.” Speakers include Dr. George Parker, medical director of the Indiana Division of Mental Health and Addictions, and Timothy Lines, Ph.D., chief psychologist and…

UPDATE: SCOTUS limits pro se rights

The U.S. Supreme Court has decided that a state may require a criminal defendant who suffers from a mental illness to have a lawyer rather than allowing that person to act as his or her own defense counsel, even when the individual is competent to be tried.Vacating an Indiana Supreme Court ruling from more than a year ago, the nation’s highest court today issued its 7-2 ruling in Indiana v. Ahmad Edwards, No. 07-208. Justices remanded the case to Marion Superior Court…

SCOTUS quiet on money-laundering case

The nation’s highest court hasn’t yet ruled on an East Chicago case involving money laundering, but that could be because justices are waiting to hear a similar case before making a decision.Indianapolis attorney Todd Vare with Barnes & Thornburg argued before the Supreme Court of the United States Oct. 3, but so far the court hasn’t issued a decision on U.S. v. Efrain Santos, No. 06-1005.Ten of the 14 cases argued that month have been ruled on, as well as other…

Man can’t challenge motion after guilty plea

A defendant who pleaded guilty to a drug charge can no longer challenge the trial court denial of his pretrial motion to suppress, affirmed the Indiana Court of Appeals today.