Suit filed against Allen County over public defender system
A second county in Indiana is facing a federal lawsuit claiming that its public defender system violates indigent defendants' rights to adequate legal defense.
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Opinions Jan. 6, 2016
Indiana Court of Appeals
Anthony Fisher v. Charles Nightingale (mem. dec.)
64A04-1502-SC-83
Small claim. Reverses dismissal of Fisher’s complaint for failure to prosecute. By foreclosing any alternative avenue for Fisher, an inmate, to maintain his claim, the small claims court denied his constitutional right to prosecute his claim.
Gotsch will not seek third term as St. Joe Circuit judge
St. Joseph Circuit Judge Michael G. Gotsch announced Tuesday that he will not seek election for a third term in 2016.
2015 record-breaking year for law firm combinations
The 91 law firm combinations announced in the United States last year is the highest annual total recorded by Altman Weil MergerLine, which has been compiling this data for nine years.
House vote to send health law repeal to Obama for first time
After dozens of failed attempts to undo President Barack Obama's health care law, the GOP-led Congress will finally put a bill on the president's desk Wednesday striking at the heart of his signature legislative achievement.
Northern Indiana woman gets probation for home explosion
A northern Indiana woman whom authorities say caused an explosion that heavily damaged her house has been sentenced to nine years on probation after pleading guilty but mentally ill to three counts of arson resulting in bodily injury.
Allen County seeking magistrate for misdemeanor and traffic division
Allen Superior Court’s Criminal Division is now accepting applications for an upcoming magistrate vacancy to be created after the retirement of Magistrate Judge Robert Ross.
Floyd County judge to be Donnelly’s guest at State of the Union
U.S. Senator Joe Donnelly announced Wednesday that he has invited Floyd Superior Court 3 Judge Maria Granger as his guest to President Barack Obama’s final State of the Union speech Jan. 12. Granger established Indiana’s first veterans court in 2011.
Bill proposes increasing med-mal cap by $400,000
The maximum award for medical malpractice would increase by $400,000 under legislation proposed after a study committee last year examined Indiana’s caps. Caps on damages were last raised 17 years ago and have been increased just twice in 40 years.
Opinions Jan. 5, 2016
7th Circuit Court of Appeals
Tracy Williams v. Brandon Brooks, et al.
15-1763
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Affirms summary judgment in favor of the law enforcement defendants on Williams’ lawsuit alleging false arrest, excessive force and failure to protect in violation of the Fourth Amendment. The district court correctly determined that it was not bound by the state court’s findings in Williams’ criminal case for resisting law enforcement. In addition, the arresting officer had probable cause to conduct the traffic stop, so he could arrest Williams without violating the Fourth Amendment even if Williams was not resisting law enforcement.
Man’s federal claims against Noblesville police fail
The 7th Circuit Court of Appeals agreed with the lower court ruling granting summary judgment in favor of law enforcement officers on a man’s claims alleging false arrest and excessive force.
Coalition advocating for hate crime legislation
A coalition of religious and civic organizations has already started pushing the Indiana General Assembly to pass hate crime legislation that includes language covering sexual orientation and gender identity.
Obama says expanding gun background checks no threat to rights
President Barack Obama said expanding background checks to cover more firearms transactions won’t trample on the right of Americans to own guns or lead to confiscation of weapons, as he made an emotional pitch for a package of executive actions intended to stem gun violence.
Judge reaches out to children with annual toy adoptions
Clark Circuit Court No. 4 Judge Vicki Carmichael has hosted the toy adoptions since 2007, taking over the tradition Clark Circuit Court No. 2 Judge Buzz Jacobs started decades ago.
Sentence modification considered for brothers in 1996 murder
A central Indiana judge has indicated he will consider modified sentences for two brothers serving 55 years in prison after pleading guilty to murder in 1997.
Pence agenda addresses ISTEP impact, not LGBT rights
Gov. Mike Pence called for lawmakers to pass legislation decreasing Indiana's reliance on 2015 ISTEP standardized test scores but made no mention of adding LGBT civil rights protections into state law when he released his agenda for the coming legislative session.
Bill eases law on alcohol offenders obtaining gun permits
Indiana lawmakers will consider a plan to lift state restrictions on alcohol offenders obtaining handgun licenses.
Indiana judicial branch revamping mycase.in.gov
This month, the mycase.in.gov website, the public access site for Odyssey Case Management System for Indiana courts and clerks, will get an improved design for mobile users and new features.
US sues VW over emissions-cheating software in diesel cars
Federal authorities are suing Volkswagen over emissions-cheating software found in nearly 600,000 vehicles sold in the United States.
Vaping industry sues state over new regulations
The advocacy group that represents Indiana’s vaping and electronic cigarette industry is suing the state, claiming new safety regulations are unconstitutional.