4 vie for Judicial Nominating Commission position
Lawyers mostly in southern Indiana are selecting one of their peers to have a say in who will be the next justice appointed to the Indiana Supreme Court.
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Articles
Man loses appeal to revoke spousal maintenance
An ex-husband who sought “all-or-nothing” relief when he asked the court to terminate his ex-wife’s incapacity support instead of reducing it after she remarried lost his appeal before the Indiana Supreme Court.
Justices: Jury should hear defense of necessity instruction
The Indiana Supreme Court ordered a new trial for a man convicted of a misdemeanor gun charge after finding he presented sufficient evidence to have the jury instructed on his defense of necessity.
New York conviction doesn’t support Indiana charges
A man’s 2014 conviction of operating a vehicle while impaired in New York cannot serve as the basis to bring enhanced drunken-driving charges against him because the New York statute is not substantially similar to the elements of a crime described in Indiana Code, the Indiana Court of Appeals held Tuesday.
Court: Girl should be with mother, not great aunt
The Indiana Court of Appeals reversed the award of custody of a young girl to her great aunt, finding the woman did not overcome the presumption in favor of placement with the girl’s biological mother.
Appeals court delivers setback to Obama’s immigration plan
A federal appeals court has ruled against President Barack Obama's plan to protect an estimated 5 million people living in the United States illegally from deportation.
Ernst & Young faulted for relying on Madoff’s word, audits
Ernst & Young LLP erred by taking Bernie Madoff at his word when it signed off on audits of a fund that helped feed the biggest Ponzi scheme in U.S. history. The firm then stumbled by trusting the con man’s now-disgraced ex- accountant, a jury in the first trial of its kind was told.
Escort lawsuit: 5 women join suit against Katina Powell
Five women have joined a lawsuit filed against escort Katina Powell and say she falsely alleges in her book that they participated in prostitution at the University of Louisville.
Supreme Court upholds former Colt’s ‘jock tax’ victory
The U.S. Supreme Court has rejected an appeal from the city of Cleveland over its formula for taxing visiting professional athletes for their work in the city.
City still on hook for $11.2M on abandoned justice project
Taxpayers still owe $11.2 million to consultants and contractors involved with an abandoned plan to build a new criminal justice center for Marion County.
Justice Brent Dickson announces retirement
Even if Justice Brent Dickson wasn’t required to give up his seat on the Indiana Supreme Court when he turns 75 in July, he said Monday his decision to retire would be the same.
Justices: Personalized licenses plates are government speech
The Indiana Supreme Court Friday upheld the Bureau of Motor Vehicles’ process for approving or denying requests for personalized license plates after finding the plates are government speech. A Marion County judge ruled last year the statute governing personalized license plates is unconstitutional.
Companies’ agreement not a requirements contract, 7th Circuit holds
The 7th Circuit Court of Appeals vacated judgment in favor of a company that sued its carbon black supplier after it was unable to fulfill orders, holding the lower court erred in ruling in favor of the purchaser after finding the agreement between the companies was a requirements contract.
Court must recalculate attorney fees
A trial court has the discretion to determine whether and how much to award in attorney fees, but a Porter Superior Court incorrectly determined what attorney fees the prevailing party was entitled to in a slander of title action, the Indiana Court of Appeals held Friday.
Clause limiting time client can sue attorney violates public policy
The contract a client signed to have the Conour Law Firm represent her contained a clause limiting her ability to sue the firm to one year, which the Indiana Court of Appeals found violated public policy and the Indiana Rules of Professional Conduct. The lawsuit seeking to recover settlement funds stolen by William Conour continues against his former colleague.
Out-of-state move did not relieve sex offender from updating address
The Indiana Court of Appeals rejected a man’s claim that because he had moved out of state when law enforcement officials performed a random check of his home address, he was no longer required to register as a sex offender in Indiana.
Court affirms enhanced sentence for incest offense
Finding the District Court conducted the correct analysis when determining the sentence of a man who had failed to register as a sex offender in Indiana and then committed incest with his 18-year-old daughter, the 7th Circuit Court of Appeals affirmed the six-level sentencing enhancement.
LLC denied royalties because of unenforceable contract
A company that sued seeking nearly $750 million in unpaid royalties for sales on medical devices using certain patents lost its appeal before the Indiana Court of Appeals because the contract is unenforceable.
E-filing to begin Monday in Indiana appeals courts
The e-filing pilot project that kicked off in Hamilton County in July will now include the Indiana Supreme Court and Court of Appeals. Chief Justice Loretta Rush signed an order Friday expanding the project to the appellate courts beginning Monday.
Judge OKs closed hearings in Bloomington man’s murder trial
A judge has decided a Bloomington man accused of killing an Indiana University student can seek additional public funds to hire experts and investigators for hearings closed to the prosecution and the public.