Articles

Attorney general sues home loan modification companies

Indiana Attorney General Greg Zoeller has filed five lawsuits against companies around the country he claims have scammed Hoosiers trying to keep their homes. Since 2006, the AG’s office has filed 110 suits against foreclosure consultant companies.

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Court rules man invoked right to counsel

The Indiana Court of Appeals found a man’s question, “Can I get a lawyer?” during police questioning unambiguously and unequivocally invoked his Fifth Amendment right to counsel, so the trial court erred in denying the man’s motion to suppress statements he made to police.

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Supreme Court declines attempted feticide case

The Indiana Supreme Court decided Friday that it would not take the case of a Marion County woman appealing her charges of murder and attempted feticide after ingesting rat poison in an attempt to kill herself and her unborn child.

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Surety not obligated to pay bond to subcontractor

A company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.

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Fund supports diversity in profession

A celebration of former Indiana Chief Justice Randall Shepard on Thursday set the stage for the launch of a fund in his name that will continue his legacy of promoting diversity.

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Suit claims marriage statute unconstitutional

A secular group and three of its members are suing the Marion County prosecutor and clerk, claiming an Indiana statute is unconstitutional because it says that religions are the only groups with rights to have their beliefs recognized in marriage ceremonies.

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State concedes traffic stop was invalid

On the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.

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COA reverses in foreclosure dispute

The Indiana Court of Appeals reversed the denial of a couple’s motion for relief from judgment and request for attorney fees in a foreclosure dispute, finding the couple established the party seeking to foreclose on their property acted in bad faith.

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Judges uphold drug convictions and sentence

A defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation of privacy in the car, the Indiana Court of Appeals held.

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Man can’t prove ineffective lawyer assistance

The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding neither his trial nor appellate counsel were ineffective in his case involving a voluntary manslaughter conviction.

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7th Circuit rules Lilly sales reps not entitled to overtime

Pharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified by their employers under the administrative exemption to the overtime requirements of the Fair Labor Standards Act, the 7th Circuit Court of Appeals ruled. The lawsuit brought by employees of both companies raised an issue of first impression for the Circuit court.

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