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Indiana Court of Appeals
James Hill v. State of Indiana
45A04-1702-CR-325
Criminal. Affirms the denial of James Hill’s motion to dismiss charges of murder, murder in perpetration of robbery and attempted robbery. Finds Hill has not demonstrated prejudice in the 36-year delay in charging him. Remands.
While the Indiana Court of Appeals found the state’s reasons “tenuous at best” for a 36-year delay in charges against a Lake County man accused of the murder of a Hammond police officer, the appellate court on Wednesday ordered the trial to proceed.
Marion County prosecutor Terry Curry has announced his plans to run for a third term in 2018. The two-term Democratic prosecutor announced Wednesday he will file his candidacy paperwork in the Marion County Clerk’s Office today.
A Speedway attorney with a lengthy disciplinary history has been suspended from the practice of law in Indiana for 90 days, a suspension that will run concurrently with the indefinite suspension he is already under.
An Indiana case dealing with out-of-state tax issues will come before the Indiana Supreme Court after the justices unanimously granted review to a dispute between the Indiana Department of State Revenue and a Hoosier RV dealer.
An Indianapolis City-County Council committee on Tuesday night unanimously approved spending $55 million to pay for a fraction of the construction funding to build the city’s proposed criminal justice center.
Former Indiana Department of Child Services Director Mary Beth Bonaventura will join the Indiana Attorney General’s Office as special counsel Monday, a move that comes less than a month after she resigned from her DCS post with a scathing resignation letter to Gov. Eric Holcomb.
The future of the sale of cannabidiol, or CBD, oil in Indiana remains unknown after an Indiana senator declined to call for a vote on two bills that would legalize the sale of the substance if certain specifications are met.
Emphasizing the economic as well as social benefits of hate crime laws, an energic and diverse crowd rallied inside the Indiana Statehouse Tuesday in support of two bills that would add penalties for crimes motivated by bias.
Indiana Court of Appeals
House of Prayer Ministries, Inc. d/b/a Harvest Christian Camp v. Rush County Board of Zoning Appeals; Milco Dairy Farm, LLC
21A01-1707-MI-1693
Miscellaneous. Affirms the denial of House of Prayer Ministries, Inc.’s petition for judicial review of the Rush County Board of Zoning Appeals’ grant of a special exception to Milco Dairy Farm on its construction and operation of a concentrated animal feeding operation. Finds the BZA’s consideration of the public interest and the impact of the CAFO on surrounding properties was not contrary to law. Also finds House of Prayer failed to prove the BZA improperly considered setback requirements, or that the BZA’s decision violated its right to an impartial tribunal. Finally, finds House of Prayer failed to prove BZA’s grant of a special exception violated its religious rights and state and federal law.
An amended version of a bill that would limit courts’ ability to modify fixed-sentence plea agreements is now headed to the full Indiana Senate. A committee advanced legislation would require a prosectuor’s consent to change such sentencing agreements.
A Rush County religious camp has lost its appeal of the grant of a confined animal feeding operation to a local farm after the Indiana Court of Appeals found the Rush County Board of Zoning Appeals did not err in approving the CAFO.
A fraud suit against State Farm Insurance brought by one of its insured will continue in trial court after the Indiana Court of Appeals ruled Tuesday there were genuine issues of material fact precluding the grant of summary judgment to the insurer.
While employers across America paid a record amount in settlements for workplace violations last year, don’t expect it to be the beginning of a trend. Think of it more as the storm before the calm, as labor lawyers rush to lock in payouts ahead of a shifting legal landscape.
Detecting cancers and cardiovascular diseases now may be a bit easier thanks to a new patent secured by the Notre Dame Law School’s Intellectual Property and Entrepreneurship Clinic. The portable invention may help doctors detect such serious diseases faster and more economically by using biomarkers.
A man who pleaded guilty to child molestation was not wrongly denied post-conviction relief, but the trial court erred in ruling that he could not directly appeal his sentence imposed after the plea agreement, the Indiana Court of Appeals ruled Tuesday.
The U.S. Supreme Court has dismissed an appeal from the Texas Democratic Party charging that the Republican-controlled Legislature illegally gerrymandered the state’s electoral maps.
Employment defense firm Ogletree Deakins Nash Smoak & Stewart P.C., which has a significant presence in Indianapolis, is accused of discriminating against female shareholders in a federal lawsuit seeking $300 million in damages on behalf of 100 non-equity women shareholders at the firm.
An Indianapolis suburb wants to ban vaping in its parks, where cigars, cigarettes and pipes are already prohibited. A proposed ordinance drafted by Fishers’ parks department will go before its city council Tuesday night. It states that the proposed ban is “in the spirit of promoting a culture of health and positive example for youth.”
The Lake County Bar Association and the Evansville Bar Association are both starting the 2018 by moving into new offices. The new spaces are bigger, allowing for expanded programming and offering more room for attorneys to work or just relax between appointments.