COA dismisses credit card debt appeal
The Indiana Court of Appeals dismissed a woman’s appeal of a default judgment entered against her regarding credit card debt because she did not file an Ind. Trial Rule 60(B) motion for relief.
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Senate leader says gay rights bill to be called for a vote
A bill that would extend civil rights protections to lesbian, gay and bisexual — but not transgender — people will be voted on by the Indiana Senate next week, even if it goes down in defeat.
Lebanon police arrest man in 26-year-old attempted rape case
The Lebanon Police Department has arrested a man in a 26-year-old attempted rape case after a state lab was able to link him to the crime.
State Fair invoices do not retroactively indemnify company in stage collapse
The terms on invoices from the company contracted to provide equipment for concerts at the State Fair do not imply retroactive indemnification for the company after the 2011 stage collapse, the Indiana Supreme Court held Thursday in a matter of first impression.
7th Circuit finds cop’s sentence ‘light,’ orders resentencing
A Putnam County police officer convicted of purposefully seriously injuring two people while arresting them will be resentenced after the 7th Circuit Court of Appeals found his 14-month sentence to be “light” in comparison to similar cases.
Opinions Jan. 28, 2016
7th Circuit Court of Appeals
United States of America v. Terry Joe Smith
14-3744, 14-3721
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge William Lawrence.
Criminal. Affirms two convictions of excessive force against two individuals who were in police custody. Vacates 14-month sentence followed by two years of supervised release after finding the sentence to be light in comparison to similar cases. The judge was also required to give the entire sentence orally. Remands for full resentencing.
Indiana panel OKs allowing prescriptions for cold medicines
Pharmacists are one step closer to gaining the authority to require a prescription for certain cold medicines as the Indiana House explores proposals to undermine methamphetamine cooks.
IU McKinney teams with regional campuses for law scholars program
Indiana University Robert H. McKinney School of Law has entered into an agreement with all five of IU’s regional campuses to create the Indiana University Regional Law Scholars program, the school announced Wednesday.
Gary man out of prison after 24 years, convictions vacated
A 47-year-old Gary man has been released after spending 24 years in prison for robbery and murder convictions that were overturned on appeal.
Supreme Court applicants’ info online; interviews set
Indiana state courts Thursday released the applications of the 30 lawyers and judges who want to be the next justice on the Indiana Supreme Court as well as the interview times of the applicants.
Gay-rights bill that leaves out transgender protections advances
A Senate committee on Wednesday narrowly advanced a bill that would extend civil rights protections to gay and lesbian Hoosiers but punt the issue of transgender discrimination to a summer study committee, as well as offer religious exemptions for clergy and other groups.
Settlement restricts placing some mentally ill prisoners in solitary confinement
The American Civil Liberties Union of Indiana and the Indiana Protection and Advocacy Services announced Wednesday the terms of a settlement with the Department of Correction over the treatment of seriously mentally ill prisoners in state correctional facilities.
Second suit filed in Marion County jail suicides
The second federal lawsuit in two months has been filed against the Marion County Sheriff’s Department, claiming wrongful death and civil rights violations on behalf of an inmate who committed suicide in the Indianapolis jail two years ago.
Johnson & Johnson said to pay $120M in its first big mesh settlement
Johnson & Johnson has made its first serious move to settle thousands of lawsuits filed by women who fault the company’s vaginal-mesh inserts for their injuries, according to people familiar with the matter.
Insider traders look to US Supreme Court for redemption
Some of U.S. Attorney for the Southern District of New York Preet Bharara’s biggest catches in a seven-year insider-trading sweep are clinging to one more hope of clearing their names.
House panel endorses bill limiting environmental rulemaking
An Indiana House committee has narrowly advanced a bill that would prohibit state agencies from enacting environmental rules and standards tougher than federal regulations.
COA: Survivor benefit plan is a marital asset
Ruling on an issue barely touched upon in a previous decision, the Indiana Court of Appeals determined that a survivor benefit plan of a military pension should have been included in the marital pot when calculating asset distribution in a divorce.
Opinions Jan. 27, 2016
Indiana Court of Appeals
In Re the Marriage of: Courtney Carr v. Beth E. Carr
03A01-1505-DR-436
Domestic relation. Affirms in part and reverses in part dissolution order. The survivor benefit plan feature of Courtney Carr’s military pension should have been counted as a marital asset. Remands with instructions to count the survivor benefit plan as a marital asset and either make findings justifying a 65/35 split in favor of wife or reallocate the marital assets in accordance with the 60/40 split previously determined by the trial court.
Indiana among states asking for stay of EPA power plant rule
A multistate coalition that includes Indiana has asked the Supreme Court of the United States to grant a temporary stay of a new EPA rule requiring existing power plants to reduce carbon dioxide emissions.
13 Indiana counties to join Juvenile Detention Alternatives Initiative
Thirteen counties will join Indiana’s Juvenile Detention Alternatives Initiative this year, which will include 32 counties after the expansion is complete.