7th Circuit correction: Make that ‘Indiana University’
The 7th Circuit Court of Appeals Wednesday corrected an opinion that twice errantly referred to the Hoosier institution of higher learning as “the University of Indiana.”
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High court affirms restitution order in auto theft
The Indiana Supreme Court has affirmed a restitution order of more than $5,000 against a woman convicted of stealing a vehicle, finding the trial court did not err in determining damage to the vehicle was caused by the theft and that the woman has or will have the ability to pay.
Criminal code reform review: Low-level felonies soar, jails feel brunt
The number of people serving time in local jails instead of the Department of Correction on low-level felony convictions rose 177 percent in the two years since Indiana’s criminal code reform took effect, and 28 percent more were people convicted of the new Level 6 felony compared to the prior Class D felony.
Senators grill Notre Dame law professor nominated for 7th Circuit
Testifying for nearly three hours before the Senate Judiciary Committee, Amy Coney Barrett learned that just as nothing truly disappears from the internet, law journal articles can be found, studied and used to question the thinking of a judicial nominee.
COA affirms life sentence for juvenile offender
After determining that a ban on mandatory life without parole sentences for juvenile offenders does not apply in situations in which the juvenile offender agreed to life without parole as part of a plea agreement, the Indiana Court of Appeals has affirmed a life sentence for one of only four Indiana juveniles ever to receive that sentence.
Summary judgment affirmed for Dearborn County in suit over services for jail project
An Indiana trial court properly granted judgment in favor of Dearborn County on breach of contract and unjust enrichment claims, the Indiana Court of Appeals ruled Wednesday, finding there was no enforceable contract on which to base those claims.
West Lafayette shop prevails in Tax Court over proposed assessments
The Indiana Tax Court has found in favor of West Lafayette shop owners in their appeal of the Department of State Revenue’s proposed assessments against them, finding the proposed assessments should have been based on evidence presented during an administrative protest.
Judges weighing protective orders may take notice of other cases
Judges who check for other cases when petitioned for protective orders do not violate judicial canons that restrict ex parte communications or independently investigating facts, according to the Indiana Commission on Judicial Qualifications.
Retired Posner had significant impact on Indiana
With more than 30 years on the appellate bench, Judge Richard Posner of the 7th Circuit Court of Appeals has authored some important opinions about Indiana law. He wrote the majority opinions that allowed same-sex couples to marry, enabled Syrian refugees to immigrate and required voters to show identification before casting their ballots.
Tax Court denies exemptions to Plainfield lodge
A Hendricks County lodge that hosts both charitable and social events cannot qualify for tax exempt status because the organization that owns the lodge failed to prove it is a fraternal association or that the use of the lodge is for predominantly charitable purposes, the Indiana Tax Court has ruled.
COA affirms summary judgment for Keystone Construction on judicial estoppel grounds
A man who failed in his divorce agreement to claim an ownership interest in the Indianapolis company he worked for is now judicially estopped from asserting that interest in a lawsuit, the Indiana Court of Appeals has ruled.
Convictions, sentence affirmed for father who had sexual relationship with teenage daughter
A Harrison County father convicted of having a sexual relationship with his teenage daughter will remain in prison for the rest of his 111-year sentence after the Indiana Court of Appeals affirmed his 25 convictions and related sentence on Tuesday.
Marion attorney suspended for 3 years without automatic reinstatement
A Marion attorney who failed to communicate with multiple clients and failed to cooperate with an Indiana Supreme Court Disciplinary Commission investigation has been suspended from the practice of law for three years without automatic reinstatement.
Political reality, tabloid fodder mix in Sen. Menendez trial
It’s a tale of international jet-setting, $1,500-a-night hotel rooms and, for good measure, allegations of affairs with models and actresses. Beyond the tabloid angles, this week’s corruption trial of U.S. Sen. Bob Menendez, D-N.J., and a wealthy friend promises to put the very business of governing under a microscope — and could eventually lead to a Republican taking over his seat in the deeply divided Senate.
Trump rescinding DACA program protecting young immigrants
President Donald Trump’s administration will “wind down” a program protecting hundreds of thousands of young immigrants who were brought into the country illegally as children, Attorney General Jeff Sessions declared Tuesday, calling the Obama administration’s program “an unconstitutional exercise of authority.”
Lawyer accused of stealing from special-needs trusts
Charged with theft, Kenneth Service faces a widening investigation into client accounts missing several hundred thousand dollars.
Drug treatment center planned for Columbus jail
Part of a southern Indiana jail could be converted into a drug treatment center for inmates.
NAACP asserts new state laws disenfranchise Indiana voters
Within two weeks, the state of Indiana got hit with two lawsuits challenging new voter laws which the plaintiffs say are disenfranchising Hoosiers at the polls.
Richard Posner retires from appeals court bench in Chicago
U.S. Appeals Court Judge Richard Posner, whose acerbic wit and legal opinions made him a legend in legal circles, announced Friday that he is retiring. Posner, 78, is stepping down after more than three decades on the 7th U.S. Circuit Court of Appeals in Chicago.
LGBT advocates praise ruling on changing gender marker
A recent Indiana Court of Appeals ruling that determined individuals seeking to legally change the gender markers on their birth certificates don’t have to publish notice of their intent to do so has LGBT rights advocates celebrating what they see as greater legal protection for transgender people.