First UBE brings slight improvement in bar passage
Indiana’s first use of the Uniform Bar Exam for the July test has yielded an overall pass rate of 69%, slightly above the rates for previous summer exams.
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COA: Lack of ‘breaking’ evidence in liquor store burglary leads to reversal
Evidence was sufficient to identify a Huntington man as the perpetrator of a liquor store robbery, but there wasn’t enough proof to sustain his conviction for breaking and entering in the same crime, the Indiana Court of Appeals ruled in a Monday reversal.
Retirement ceremony planned for COA Judge Kirsch
| IL Staff
Retiring Indiana Court of Appeals Judge James S. Kirsch will be honored for his 25 years on the appellate bench, and nearly half-century career in law, later this week.
Indiana Supreme Court suspends Valparaiso attorney for noncooperation
| IL Staff
The Indiana Supreme Court has suspended Valparaiso attorney Bryan M. Truitt from practicing law for failing to cooperate in a disciplinary investigation against him.
RE/MAX claims franchisee steered brokers to competitor
RE/MAX is suing one of its local franchisees for allegedly instructing his employees to join a national competitor so that he could later follow them and collect a recruitment bonus.
Huntington Co. doctor sentenced in DUI crash that killed infant
A northern Indiana physician has been sentenced to three years in prison after pleading guilty in a drunken driving crash that killed an infant and severely injured the boy’s father.
Lafayette man gets 46 years in twin sons’ house fire deaths
A Lafayette man convicted in his twin 3-year-old sons’ deaths in a 2014 house fire has been sentenced to 46 years in prison.
New redistricting commissions splinter along partisan lines
When voters in some states created new commissions to handle the politically thorny process of redistricting, the hope was that the bipartisan panelists could work together to draw new voting districts free of partisan gerrymandering. Instead, cooperation has proved elusive.
Supreme Court urged to review ban on drug injection sites
Supporters of a plan to open supervised injection sites to try to reduce overdose deaths urged the U.S. Supreme Court on Friday to review a court decision that bans the practice.
Judge: US election official violated law in voter form case
A former high-ranking election official violated federal law in 2016 when he granted requests by Kansas, Georgia and Alabama to modify the national voter registration form to require documentary proof of citizenship in those states, a federal judge ruled.
Ex-deputy charged with manslaughter in white teen’s death
A former Arkansas sheriff’s deputy was charged Friday with manslaughter in the fatal shooting of a white teenager whose death has drawn the attention of national civil rights activists.
Opinions Sept. 17, 2021
Indiana Court of Appeals
Olympic Financial Group, Inc. v. State of Indiana
21A-CR-1017
Criminal. Reverses the Jasper Superior Court’s order granting Indiana’s motion to turn seized money over to the federal government in the amount of $709,880. Finds the state failed to prove that the cash was properly seized pursuant to Indiana Code Chapter 34-24-1 and to show it was entitled to a turnover order under Indiana Code § 35-33-5-5(j). Also finds the trial court erred by granting the motion. Remands with instructions that the state reimburse Olympic Financial Group. Judge Nancy Vaidik concurs in result with separate opinion.
COA: Granddaughter fails to show she did not unduly influence sick grandfather
A granddaughter who acquired her grandfather’s home free of charge through a quit claim deed executed about a week before the elderly relative died of brain cancer has lost the house after the Indiana Court of Appeals affirmed she procured the property through undue influence.
Slaughter, Fisher discuss states’ roles in constitutional law
To mark Constitution Day, Indiana University Maurer School of Law’s Federalist Society hosted two prominent figures of the state’s legal community this week to discuss the states’ involvement in the development of American constitutional law.
Hoosier voters voice concern about proposed election maps
Stepping to the lectern in the Indiana House Chamber, Rev. Fatima Yakubu-Madus echoed the frustration of many who attended Thursday’s public hearing on redistricting when she emphatically asked state representatives, “What can we do, what can we say to change your mind?”
Appellate court affirms custody modification to father
A juvenile court acted within its discretion when it awarded sole custody of a couple’s children to the father after the mother was arrested for multiple alcohol-related incidents and provided questionable living arrangements, the Court of Appeals has ruled.
Justices: Teachers can bargain over pay for ‘ancillary duties,’ but not definition of duties
While teachers associations can bargain over compensation for “ancillary duties” such as supervising detention, they cannot bargain over what those duties actually are, the Indiana Supreme Court has ruled, upholding a determination by the Indiana Education Employment Relations Board.
State ordered to repay bank $709K after traffic stop cash seizure
The state must pay back more than $700,000 to a money services business who had cash seized following a traffic stop, the Indiana Court of Appeals has ruled, finding “no evidence whatsoever that a crime was committed.”
COA: Trial court didn’t err in sentencing child molesting mom
A trial court didn’t exceed its statutory authority when it sentenced a Howard County woman to more than 20 years for molesting her two young children, according to the Indiana Court of Appeals.
Justice Thomas urges Americans to strive for ideals of Declaration of Independence
During the 2021 Tocqueville Lecture Thursday at the University of Notre Dame, U.S. Supreme Court Justice Clarence Thomas discussed how his early life attending a Catholic school in the South now influences his approach to life and the law and helps shape his view of America.