Latest News - The Indiana Lawyer

Creating options: SCOTUS lets inverse condemnation suits in federal courts

October 30, 2019 | Olivia Covington

The June 21 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019), overturned precedent requiring property owners to file inverse condemnation actions in state court before bringing a federal action. Instead, the 5-4 majority opinion, written by Chief Justice John Roberts, determined the Fifth Amendment Takings Clause is triggered as soon as the government takes land without compensating the property owner.

Prosecutions fizzle in ‘pill mill’ case but suits proceed

October 30, 2019 | Marilyn Odendahl

Physicians and staff who were arrested and charged after Indiana and federal law enforcement officials claimed their medical practice was a pill mill are headed to the 7th Circuit Court of Appeals as they push forward with a civil lawsuit claiming their prosecution was built on allegations the government knew were false.

Supreme Court carves out pro bono publico exceptions in rules amendments

October 29, 2019 | IL Staff

The Indiana Rules for Admission to the Bar and the Discipline of Attorneys now include language addressing pro bono publico licenses following amendments made by the Indiana Supreme Court that will take effect next year.

Woman with nerve damage wins reversal in med-mal case against hospital

October 29, 2019 | Katie Stancombe

A woman who suffers from nerve damage after dye was negligently injected into her arm for a medical scan has won a reversal against the southern Indiana hospital that administered the procedure.

Lawyers use knights and kings to promote civics

October 29, 2019 | Marilyn Odendahl

Despite a rain-soaked afternoon, just over 30 chess enthusiasts gathered at the City Market in downtown Indianapolis Oct. 26 to test their skills at the centuries-old game and help support the young, by comparison, American democracy. The We the People White Knight Chess Tournament, sponsored by Cohen & Malad LLP and Barnes and Thornburg LLP, raised money for the Indiana We the People program.

Prosecutor faces discipline for allegedly undisclosed testimony deal

October 29, 2019 | Dave Stafford

An elected Indiana prosecutor who allegedly failed to disclose to the defense a deal he requested to secure witness testimony against a criminal defendant is facing an attorney discipline complaint. Putnam County Prosecutor Timothy L. Bookwalter has been charged with professional misconduct by the Indiana Supreme Court Disciplinary Commission.

Justice Dept. appeals order on Mueller grand jury testimony

October 29, 2019 | Associated Press

The Justice Department on Monday appealed a judge’s order directing the department to provide the House with secret grand jury testimony from special counsel Robert Mueller’s Russia investigation. The department also asked Chief U.S. District Judge Beryl Howell to put her own order on hold until a federal appeals court has an opportunity to weigh in.

Indiana mayor to name police chief after 3 resignations

October 29, 2019 | Associated Press

The mayor of Michigan City will name a new police chief this week after the resignations of three senior officers. Mayor Ron Meer says he’ll hold a news conference Tuesday, after Police Chief Mark Swistek and assistant chiefs Royce Williams and Kevin Urbanczyk announced their resignations last week.

Porter County driver accused of letting students drive bus sentenced

October 29, 2019 | Associated Press

A former northwestern Indiana school bus driver who authorities say allowed children as young as 11 years old drive a bus has been sentenced to probation. Joandrea McAtee, Portage, was sentenced Monday to nearly two years of probation.

COA to hear insanity murder case at Batesville High School

October 29, 2019 | IL Staff

A traveling panel of the Indiana Court of Appeals will head southeast this week to hear oral argument in a murder case that considers Indiana’s legal standard for insanity.

Indiana grandfather charged in Puerto Rico cruise ship death

October 29, 2019 | Associated Press

A man who police say dropped his young granddaughter from the 11th floor of a cruise ship docked in Puerto Rico in July has been accused of negligent homicide. But his attorney says the decision to charge the Indiana man is “pouring salt” on the family’s wounds.

Gary man charged in weekend triple shooting and arson fire

October 29, 2019 | Associated Press

A Gary man has been charged in the shooting deaths of three people and then setting a fire that destroyed the home occupied by the victims. Gary police officials say Reginald Carter fatally shot his girlfriend and two family members on Friday.

Majority justices remand Land Rover forfeiture case for excessiveness analysis

October 28, 2019 | Olivia Covington

An Indiana civil forfeiture case that made its way to the United States Supreme Court will now return to the Grant Superior Court after the Indiana Supreme Court developed a framework for determining if the forfeiture of property is excessive under the Eighth Amendment.

Tax Court reversal: Low-income apartments qualify for charitable exemption

October 28, 2019 | Katie Stancombe

The Indiana Tax Court on Monday reversed an Indiana Board of Tax Review’s final determination that concluded a low-income apartment complex owner failed to prove it qualified for a charitable purposes exemption.

Disabled man’s unexplained injuries spark lawsuit against Marion County Jail

October 28, 2019 | Marilyn Odendahl

An intellectually disabled Indianapolis man who suffered unexplained injuries and allegedly was not given his medication while incarcerated in the Marion County Jail has filed a lawsuit against the Marion County Sheriff’s office, the Indianapolis Metropolitan Police Department and several individual officers and staff.

COA grants mom partial victory in irregular child support dispute

October 28, 2019 | Katie Stancombe

The Indiana Court of Appeals has found a father in contempt for failing to pay years’ worth of irregular child support, reversing a lower court’s denial of his ex-wife’s petition to show cause for his failure to pay.

Purdue student faces rape charges in sex assault at party

October 28, 2019 | Associated Press

Authorities say a college student from New Jersey faces rape charges in the assault of a woman at a fraternity party off Purdue University’s campus.

Suspended Indianapolis priest charged with sex crimes

October 28, 2019 | Associated Press

A suspended Catholic priest in Indiana is facing charges alleging he sexually abused a child in 2016. The Rev. David Marcotte of Indianapolis is charged in Hamilton County with child solicitation, vicarious sexual gratification and dissemination of matter harmful to minors.

Former retreat now addiction center in southern Indiana

October 28, 2019 | Associated Press

A former corporate retreat near Henryville in southern Indiana has reopened as a drug addiction treatment center. The Wooded Glen Recovery Center started taking patients during September. Community leaders joined executives of treatment provider Summit BHC for an opening ceremony this past week.

Indiana to consider creating a government corruption hotline

October 28, 2019 | Associated Press

Indiana residents soon could have a hotline for reporting improper or illegal spending and other suspected corruption by local government officials, if lawmakers approve a proposal being drafted by a legislative committee.

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