Reversal: BMV must report driver’s expunged OWI conviction
A trial court erred in prohibiting the Bureau of Motor Vehicles from reporting the operating while intoxicated conviction of a driver who had his criminal record expunged.
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Poverty calculation causes Indiana Legal Services’ funding to drop
Although Legal Services Corp. will receive a $10 million bump in funding for fiscal year 2016, Indiana Legal Services will see its appropriation from the national organization decrease.
Tippecanoe program aims to break cycle of incarceration
To stem the cycle of release and reincarceration and prevent people from committing new crimes when they leave jail, Tippecanoe County Jail is expanding mental health services and launching a program designed to help inmates develop healthy support networks in the community.
6 counties next in line for trial court e-filing
Six Indiana counties — Clark, Harrison, Henry, St. Joseph, Shelby and Wells — will be joining Hamilton County in implementing e-filing in the trial courts during the first half of 2016, with more to come later.
Indiana courts push ahead with shift to e-filing
Indiana's top courts are pushing ahead with adopting an electronic-filing system that state officials say will eventually give the public free access to online court records statewide.
Lender discrimination may be pushing black churches into bankruptcy
A long line of research shows that black consumers pay higher rates for credit, including mortgages and car loans. A new study by an Indiana University Maurer School of Law professor suggests the same kind of financial discrimination may apply to black churches.
Justices take intoxicated motorist case that divided COA
The Indiana Supreme Court will decide whether any answer short of an “unqualified, unequivocal assent” to a chemical test constitutes a refusal resulting in a driver’s license suspension, as the Indiana Court of Appeals concluded in September.
Merry Christmas!
Indiana Lawyer will not be published Friday, Dec. 25 in observance of the Christmas holiday. Have a merry and safe holiday!
Planned Parenthood shooting case stalls for mental exam
The case against the man who acknowledges killing three people in an attack on a Colorado Planned Parenthood clinic moves into a new phase while he awaits a mental competency evaluation, ordered after he defiantly told a judge he wanted to fire his public defender and represent himself.
Rolling Stone urges court to throw out UVa grads’ lawsuit
Rolling Stone magazine is urging a judge to throw out a lawsuit filed by three former fraternity members at the University of Virginia who claim they suffered humiliation and emotional distress because of the magazine's debunked article about a campus gang rape.
Pence may argue charity can’t represent Syrian refugees
Indiana Gov. Mike Pence may argue the Indianapolis charity that sued him for attempting to suspend its federal government-approved resettlement of Syrian refugees has “a lack of any valid right of action or standing to assert the rights of refugees,” court filings show.
7th Circuit rejects Conour’s bid to remove judge
Convicted fraudster and former Indianapolis attorney William Conour won’t get to represent himself for now, nor will he succeed in getting the federal judge he claims is biased thrown off his case.
Indiana attorney in adoption controversy resigns amid probe
An attorney who handled a contentious adoption case involving a New Jersey man who adopted twin girls born in Indianapolis to a surrogate mother has resigned his law license amid a disciplinary investigation.
COA reaffirms reversal of molest convictions for vouching
The Indiana Court of Appeals clarified its position on rehearing Wednesday in the reversal of child molesting convictions that the state “vigorously argues” were erroneously ruled reversible error.
Opinions Dec. 23, 2015
Indiana Court of Appeals
Raymond Kerr v. City of South Bend
71A03-1502-CT-49
Civil tort. Affirms in part and reverses in part summary judgment for the city on Kerr’s complaint alleging that noxious gases from its sewer lines had been forced into his home. Finds Kerr’s claims are barred by the statute of limitations insofar as they relate to injury to his health. A portion of his claims may proceed insofar as they relate to damage to his property. Remands for further proceedings.
Nonprofit ambulance service not entitled to ITCA protections
The volunteer emergency ambulance service provider in Sharpsville is not entitled to the protections of the Indiana Tort Claims Act, the Indiana Court of Appeals affirmed, because it is a private company rather than a governmental entity.
COA affirms attorney owes ex-assistant thousands in unpaid wages
An Elkhart solo practitioner must pay his former legal assistant more than $85,000 after she sued him to recover unpaid wages owed to her over the course of two years, the Court of Appeals affirmed Wednesday.
Reversal: Care facility must pay legal fees after $1M negligence verdict
An assisted-living facility where a resident died after being badly burned must pay the estate’s attorney fees, the Indiana Court of Appeals ruled Wednesday in reversing a trial court.
South Bend man wins partial reversal of sewer nuisance suit
A man who sued South Bend claiming that noxious gas from city sewer lines had been forced into his home may proceed with part of his lawsuit against the city.
Nonprofit acquires Maurer professor’s Lawyer Metrics
The Access Group, a nonprofit organization made up of law schools, has acquired the assets of Bloomington-based Lawyer Metrics LLC, which was co-founded by Indiana University Maurer School of Law professor William Henderson.