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Indiana Senate OKs second-trimester abortion procedure ban

The Indiana Senate has approved legislation that would largely ban a common second-trimester abortion procedure — a proposal that if signed into law by Gov. Eric Holcomb faces a certain challenge in federal court.

Opinions April 2, 2019

Indiana Supreme Court 
Nathaniel Bennett v. State of Indiana
18S-CR-538
Criminal. Reverses the Marion Superior Court’s finding that Nathaniel Bennett violated a term of his community corrections placement. Finds the trial court made factual findings that negate one part of the statutory definition to prove the violation. Remands for the trial court to change the record accordingly. Justices Mark Massa and Geoffrey Slaughter dissent without separate opinion, believing transfer should have been denied. 

Request for study of court costs receives initial Senate approval

Questions regarding certain Indiana court costs might be addressed this summer if a study committee is approved to look into the issue in the coming months. Senate Resolution 52 requests that the Legislative Council assign the topics of court costs for indigent individuals and the look-back period for prior unrelated convictions in Indiana's criminal code to a summer study committee.

Civil remedy revenge porn bill passes House

Hoosiers hurting from the aftermath of a revenge porn incident are closer to gaining some relief from their perpetrators now that a bill that would offer them civil remedies has passed both chambers of the Indiana General Assembly. Measures that would make committing revenge porn a crime, however, look less likely to succeed.

COA hears arguments in teacher defamation suit against Elkhart newspaper

An Indiana Court of Appeals panel was asked to consider whether a reporter’s use of the word “incompetent” to describe a former Elkhart teacher’s termination was defamatory language – and ultimately whether a newspaper had the right to publish a story using the contested word.   

Terre Haute inmate awarded damages for excessive force

An inmate at the Federal Correctional Complex in Terre Haute was awarded $2,000 in damages after he won his excessive force lawsuit, with the Southern Indiana District Court finding the “lack of institutional evidence of the incident was exacerbated by the (Bureau of Prisons’) treatment of (the inmate’s) sensitive grievance.”

2 death row inmates make similar requests, get different results

Death row inmates Patrick Murphy and Domineque Ray each turned to courts recently with pleas to stop their executions if their desired spiritual advisers couldn't accompany them into the execution chamber. The Supreme Court  allowed Ray’s execution to go forward, but gave Murphy a temporary reprieve Thursday night.

IndyBar: Bearing the Burden of Reasoned Argument

Once armed with the facts, the lawyer may then apply the rules to the facts. Whether ultimately successful or not, a well-reasoned application of the law to the proper set of facts is one of the most satisfying efforts in our profession.

IndyBar: Make a Difference — Volunteer for Free Wills Clinic on April 16

Attorneys, paralegals and law students are needed as volunteers to do intake, conduct private legal consultations with qualified applicants, draft paperwork and witness document signing. Estate planning attorneys are needed but non-probate-savvy attorneys will also be put to good use. Have a notary license? You’re needed too!

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Elkhart officers on unpaid leave after handcuffed man beaten

Two Indiana police officers who were caught on video repeatedly punching a handcuffed man have been placed on unpaid administrative leave. Members of the Elkhart Board of Public Safety agreed Monday to place Cory Newland and Joshua Titus on unpaid administrative leave.

DTCI: Are sellers safe from strict liability under the IPLA?

Practitioners who regularly represent sellers in product liability cases should become thoroughly familiar with “innocent seller” or “innocent distributor” statutes and the case law surrounding them. Counsel should not assume that simply because their client is a seller, their client is protected from strict liability.

Canadian man facing drug charges seeks passport’s return

A Canadian man who allegedly had 127 pounds of cocaine hidden inside his vehicle wants northwestern Indiana authorities to return his passport. A Porter County judge ordered Hobart police Monday to return all of Denis Mesumb’s belongings, except for his Canadian passport, and set a Wednesday hearing to consider its release.

Law: Zany Zillow ‘Zestimates’ zing homeowners

While the 7th Circuit’s decision in Patel v. Zillow likely reinforces what many homeowners and potential homebuyers likely believed about the accuracy of Zillow’s Zestimates or the comparable estimate tools provided by websites such as Trulia and Realtor.com, what it shows about the changing technological market for information on residential homes is equally telling.