Indiana Court Decisions — Dec. 19, 2018-Jan. 2, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Disciplined lawyer doesn’t help own cause in rehearing
A Merrillville lawyer who asked the U.S. District Court for the Southern District of Indiana to reconsider discipline imposed on him drew a harsh reply from the court, which said his conduct “lends further support to … concerns about his competence as a lawyer.” John H. Davis was removed from the 7th Circuit Court of […]
Unnamed IMPD officers sued for destroying homeless camp
A suit filed by the American Civil Liberties Union of Indiana on behalf of homeless clients alleges two as-yet unidentified Indianapolis police officers unlawfully seized and destroyed the belongings of five homeless individuals who had been living under a railroad bridge.
Zoeller and Makris: Prenups, postnups and ‘no-nups’ increasingly common
In recent years, prenuptial, postnuptial and cohabitation agreements have become increasingly common in the United States. The increase in interest can be traced in part to the shifting of societal norms surrounding marriage, cohabitation, and divorce among the country’s different age demographics.
Reed: “Why do I need to have a premarital agreement?”
For those who are legal counselors to families, you have heard objections many times when the parents have told their adult daughter (or son) that they need to have a premarital agreement. The child is in love. She has found the person with whom she will spend the rest of her life. The person with whom she will raise a family. There is no possible way they would ever divorce, so why does she need a premarital agreement? The simple answer — she needs one!
Hammerle on… “Mary Poppins Returns” and “Vice”
Movie review Robert Hammerle finds very different kinds of Hollywood magic and Oscar-worthy performances in “Mary Poppins Returns” and “Vice.”
University IP offices protect key innovations
At Indiana University, Purdue University, Notre Dame and elsewhere, specialized university technology and commercialization offices are taking an expanding role in protecting the intellectual property of academic research, innovations and inventions.
Fathers perceive family court bias; bill seeks presumption of equal parenting time
A prevailing perception that family courts are biased against men lingers, including in Indiana. Fathers’ rights groups across the country do not have a laundry list of specific things they want, but they are advocating for the more general position of equal treatment in the family courts. A Statehouse bill would take a step in that direction.
Bill would allow grand, great-grandparent visitation in some cases
Current federal and state law generally defers to a parent’s judgment when it comes to grandparent visitation, with the United States Supreme Court ruling that the right to rear a child as desired is among the most fundamental rights of parents. But a bill filed this year in the Indiana Legislature would give both grandparents and great-grandparents another avenue to obtain standing to petition for visitation.
Trump to take case for border wall to prime-time audience
President Donald Trump will argue to the nation Tuesday night that a “crisis” at the U.S.-Mexico border requires the long and invulnerable wall he’s demanding before ending a partial government shutdown that has hundreds of thousands of federal workers fearing missed paychecks on Friday.
Study: Indiana legal aid agencies return $6.70 for every dollar invested
A recent study examined 12 separate legal services agencies around Indiana and calculated the organizations’ social return on investment. The group dug into the financials for the year 2017 and concluded that for every $1 invested in Indiana legal aid that year, the state received $6.70 in immediate and long-term financial benefits.
Senators renew attempt to protect special counsel Mueller
Republicans and Democrats on the Senate Judiciary Committee are renewing their attempt to protect special counsel Robert Mueller’s job, sending a signal to President Donald Trump as he keeps up his criticism of Mueller’s Russia investigation.
New site a landing page for civil legal aid
The Coalition for Court Access recently launched the website Indianalegalhelp.org. Now, Hoosiers needing help with a divorce, child custody issue, eviction or other civil legal problems have a new place to find answers and additional resources without having to make a phone call, schedule an appointment or even drive to a courthouse.
Statewide e-filing hitting the homestretch
The advent of electronic filing has changed the way Hoosier attorneys do business. Tasks that once required lawyers and their staffs to sift through Bankers Boxes and drive to courthouses can now be completed with just a few keystrokes. As of the end of 2018, 85 of Indiana’s 92 counties had implemented voluntary e-filing, with many of those counties now requiring attorneys to file at least some documents electronically.
Sell here, live here: SCOTUS reviews liquor retailer residency requirements
The requirement that alcohol permit holders live in the state where they do business is based on the simple notion that neighbors care more about the well-being of their communities than out-of-towners do. But a Tennessee case challenging that notion in the U.S. Supreme Court could spill over on similar Indiana laws.
AG’s office seeking more than $132K from Gary councilwoman who violated state law
A Gary city councilwoman has been ordered to reimburse the Gary Sanitary District more than $132,000 in wages for the time she illegally held two municipal positions simultaneously, and the Indiana Attorney General has begun efforts to secure the reimbursement.
Supreme Court amends court retention rules for tax sales, expungement records
The Indiana Supreme Court has issued new guidance on how long courts are required to maintain files related to tax sales and expungements in their offices. The court also updated Indiana's Administrative Rules to reflect the abolishment of two town courts.
House Republicans reveal agenda that doesn’t include hate crimes legislation
The priorities for Indiana House Republicans this year align with Gov. Eric Holcomb’s agenda, but one significant issue did not make the list: a hate crimes bill.
Indiana’s abortion petition relisted at U.S. Supreme Court
Indiana’s petition for a review of its 2016 abortion law is still pending at the Supreme Court of the United States after the justices relisted the Hoosier state’s writ of certiorari for this Friday’s conference. The state is asking the Supreme Court to overturn a preliminary injunction blocking the implementation of a law that limits when a woman may terminate her pregnancy and mandates how fetal remains should be handled.
Northern Indiana District Court awaiting re-nomination process
With the start of the 116th Congress, Indiana’s two remaining federal judicial nominees have stalled and the vacancies in the U.S. District Court for the Northern District of Indiana continue. However, Indiana’s senior senator expressed confidence they will come back to Capitol Hill.