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Opinions May 12, 2016

May 12, 2016

Indiana Court of Appeals
Brandon T. Black v. State of Indiana
02A03-1511-PC-1875
Post conviction. Denies Brandon Black’s petition for post-conviction relief as the COA found the failure of Black’s attorney to tell him about sentence maximums did not affect his decision to plead guilty to Class A felony neglect of a dependent.

Judges say order for DCS interviews with children should not have happened

May 12, 2016

The Indiana Department of Child Services for Crawford County should not have been granted the opportunity to interview two children, the Indiana Court of Appeals ruled, because the order doing so violates their mother’s right to raise her family without undue interference by the state.

Recorded conversation, conviction are admissible evidence, COA holds

May 12, 2016

An audiotape of phone conversations between a suspect and the victim’s mother while he was in jail and a testimony from the victim’s mother that she was convicted of assisting a criminal were admissible evidence in a child abuse case, the Indiana Court of Appeals ruled.

COA upholds denial of post-conviction relief petition

May 12, 2016

The Indiana Court of Appeals upheld the denial of a man’s post-conviction relief petition after it found any ineffectiveness of counsel the man received did not affect the outcome of his case in his decision to plead guilty to Class A felony neglect of a dependent.

COA: Stop violated 4th Amendment

May 12, 2016

A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.

Senate Judiciary hearing set for District Court nominee Ong

May 12, 2016

President Barack Obama’s nominee to fill a vacancy on the U.S. Court for the Southern District of Indiana will get a hearing at 10 a.m. Wednesday before the Senate Committee on the Judiciary in Washington.

Feds reach $15M deal in suit over failed Indiana bank

May 12, 2016

The Federal Deposit Insurance Corp., which sued three former Irwin Union Bank officers in 2013, has reached a $15 million settlement with those defendants.

Hogsett touts task force to plan new jail, criminal justice reforms

May 12, 2016

As Indianapolis faces another jail overcrowding crisis, Mayor Joe Hogsett is moving ahead in his quest to reform the city’s criminal justice system.

Rucker likely to leave Supreme Court in 2017

May 12, 2016

The senior justice on the Indiana Supreme Court expects to step down sometime in 2017, which would complete a total turnover of the bench that began in 2010.

Bicentennial class takes oath to become lawyers

May 11, 2016

On Wednesday, 133 recent law school graduates gathered with their friends, family and members of the judiciary to take the oaths to practice in Indiana.

Court orders more proceedings on waiver moves

May 11, 2016

The 7th Circuit Court of Appeals reversed summary judgment for state defendants in a lawsuit brought by Medicaid patients who claimed their move to a new waiver with a cap on expenses violates the Americans with Disabilities Act. The court said the way the patients spent their expenses constitutes an issue of material fact, and they may have been able to receive more services had they spent their money differently.

City of Indianapolis settles wrongful imprisonment lawsuit

May 11, 2016

Court records show that the city of Indianapolis has settled a lawsuit for $99,000 that was filed by a man who claims police used false evidence to imprison him.

Staples, Office Depot scrap merger after judge blocks deal

May 11, 2016

Staples and Office Depot said Tuesday they are scrapping their planned $6.3 billion merger after a federal judge blocked the deal, saying the government had made the case that the combination would likely hurt competition in office supplies.

Wal-Mart sues Visa over chip-enabled debit cards

May 11, 2016

Wal-Mart Stores Inc. has sued Visa Inc., charging that the payment network is not allowing the retail giant to let customers verify chip-enabled debit card transactions with what it believes is a more secure method: personal identification numbers.

Opinions May 11, 2016

May 11, 2016

Indiana Court of Appeals
Korie M. Leslie v. Jeremy D. Farmer
87A01-1508-JP-1164
Juvenile. Affirms father can have child’s last name changed to his paternal name. He was up-to-date on child support, has spent time with the child and been active in the child’s life. The name will serve as a reminder that the child has two parents who care.

COA: Child’s name can be changed

May 11, 2016

A father can change the last name of a child to his despite the protests of the mother, the Indiana Court of Appeals ruled Wednesday.

Former Indianapolis coach pleads guilty to enticement

May 11, 2016

A former Indianapolis high school boys' basketball coach has pleaded guilty to trying to entice a 15-year-old student to have sex with him.

Opinions May 10, 2016

May 10, 2016

Indiana Court of Appeals
Michael Pugh v. State of Indiana
49A02-1506-CR-483
Criminal. Affirms Michael Pugh’s convictions of two counts of rape, one count of attempted criminal deviate conduct, one count of robbery and one count of burglary as Class A felonies; one count of robbery and three counts of carjacking as Class B felonies; and one count of robbery as a Class C felony. Finds Pugh’s three convictions of robbery do not violate the single larceny rule and his two convictions of rape do not violate the continuing crime doctrine.
 

Arresting officer in Freddie Gray case chooses bench trial

May 10, 2016

A police officer charged in the Freddie Gray case chose Tuesday to stand trial before a judge rather than a jury, eliminating a potential wild card in the divisive and emotionally charged case.

A pregnant woman walks into a bar: You must serve her in NYC

May 10, 2016

A pregnant woman shows up at a New York City bar and wants to go in and order a drink despite health warnings against consuming alcohol while expecting. Should the tavern serve her?

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In This Issue

  • Training aims to boost ranks of sexual assault nurse examiners

  • Barnes & Thornburg LLP’s expanded finance, government team gives firm more breadth

  • The Indiana Lawyer names 2026 Leadership in Law class

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  • Judge spares Baer death penalty, resentences killer to life in prison

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