Observation and training provided ‘reasonable suspicion’ to conduct traffic stop
A man’s voluntary confession that he was a habitual traffic violator is admissible even though he had not broken any laws when the sheriff’s deputy pulled him over.
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Man may be retried on sex charge, but state may not amend
A man acquitted on a rape charge but whose charge of sexual misconduct with a minor ended in a hung jury and mistrial may be retried, but not on a count the state sought to amend, the Court of Appeals ruled Tuesday.
Speedway man charged with threatening judge, attorney
A Speedway man accused of posting online death threats against a judge, an attorney and others has been charged in federal court, according to a statement from the office of Joe Hogsett, U.S. attorney for the Southern District of Indiana.
Teachers union could pay $14M to schools under settlement
The state’s largest teachers union and its national parent organization have agreed to pay $14 million under a tentative settlement announced Tuesday morning by Indiana Secretary of State Connie Lawson and Indiana Securities Commissioner Chris Naylor.
Weighing all the risks in a workers’ compensation case
In A Plus Home Health Care Inc. v. Miecznikowski, the Indiana Court of Appeals confirmed that while the “positional risk doctrine” described by our Supreme Court in Milledge v. Oaks, 784 N.E.2d 926 (Ind. 2003), was defunct, the analysis of compensability of injuries under the neutral risk doctrine still applied. 983 N.E.2d 140, 143-144 (Ind. Ct. App. 2012) trans. denied, 985 N.E.2d 338 (Ind. 2013). When handling a workers’ compensation matter, practitioners need to be sure they conduct an appropriate analysis of all risk doctrines applicable to the claim.
Blogger attorney Ogden grilled in public discipline hearing
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours July 30 in a hearing before the Indiana Disciplinary Commission.
Accused murderers likely to stay in jail awaiting trial
When the Indiana Supreme Court upended 150 years of precedent concerning murder defendants, it raised eyebrows and stirred debate but, in practice, the impact of the opinion is expected to be very limited.
Lawyer’s report sounds latest alarm about Marion County Small Claims courts
Problems with Marion County’s Small Claims courts are by now well-documented. After the Wall Street Journal took note of forum shopping, creditors’ cozy relationships with some courts and other lax practices, Court of Appeals Judge John Baker and Senior Judge Betty Barteau issued a report advocating reform.
Nigerian immigrant’s religious discrimination suit carries cautions for employers
Sikiru Adeyeye had a mission when his father died in Nigeria three years ago. Letters to his employer asking to take one week of paid vacation and several weeks off without pay expressed the urgency of his obligation.
Shuai case resolved, thorny legal issues remain
A resolution that spared Bei Bei Shuai more jail time and dropped murder and attempted feticide charges filed after the death of her newborn daughter did little to clarify the state of the law under which she was prosecuted.
Ex-IURC leader’s criminal charges dropped
The former chairman of the Indiana Utility Regulatory Commission won’t face trial on felony charges stemming from an ethics scandal at the agency, a judge ruled Monday.
Ineffective counsel claim sufficient to overcome waiver in plea agreement
Despite a man’s plea agreement in which he waived his right to challenge his conviction under 28 U.S.C. 2255, the 7th Circuit Court of Appeals ruled he can seek to have his conviction overturned because the 2255 waiver does not bar his claim that his trial counsel was ineffective.
Tax Court: Miller Pipeline lacks support for summary judgment
An Indianapolis pipeline company must proceed to trial in its bid to earn a refund of sales and use taxes, Senior Judge Thomas Fisher ruled for Indiana Tax Court.
Conour, government agree to sale of assets
Convicted former attorney William Conour’s possessions in his foreclosed Carmel home, including original artwork and a collection of premium wine and champagne, could be sold with proceeds directed toward a court fund established for victim restitution according to a joint motion filed in federal court.
Time spent in federal custody does not interfere with right to speedy trial
A defendant’s repeated incarcerations in other jurisdictions did not interfere with his right to a speedy trial in Indiana.
Burglary, criminal mischief sentences double jeopardy, split COA rules
A man ordered to serve 18 years in prison will be resentenced after an Indiana Court of Appeals panel ruled Friday that his convictions of Class C felony burglary and Class A misdemeanor criminal mischief constituted double jeopardy.
Single sewer lien not enough to bring foreclosure
Despite liens against their respective properties, two homeowners will be able to keep their properties out of the county tax sale.
Judge: Conour to stay behind bars before sentencing
Former attorney William Conour will remain jailed pending his sentencing in a little more than two months, a federal judge has ruled.
Justices revive malpractice suit alleging doctor’s failure to warn patient not to drive
A medical malpractice suit arising from a debilitating head-on automobile crash should not have been disposed of through summary judgment in favor of the doctor, the Indiana Supreme Court ruled Thursday. Justices reversed the order and sent the case back to the trial court.
Dispute over Uptown Business Center in SoBro gets messier
A months-long court feud over a retail building at the southwest corner of 49th Street and College Avenue in Indianapolis has become even more heated now that the owner has sought bankruptcy in an attempt to delay foreclosure on the structure.