Justices seem uncertain about reach of Clean Water Act
The United States Supreme Court seems uncertain about how to decide a closely watched case from Hawaii about the reach of landmark federal clean-water protections.
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Convicted killer’s suit alleging attack by guard proceeds
An Indiana prison inmate’s lawsuit alleging corrections officers attacked him and then marched him naked down the range at Indiana State Prison to humiliate him may proceed in large part, a federal judge has ruled.
Justices to hear arguments in juvenile murder case
The Indiana Supreme Court is set to hear oral arguments Thursday in a decades-old murder case considering whether the defendant was prejudiced by his counsel’s failure to present mitigating evidence about his mental illness at the time of the crime.
After SCOTUS ruling, 7th Circuit denies compulsory fees refund to non-union member
Despite a Supreme Court ruling making mandatory union fees for non-member public employees illegal, the 7th Circuit Court of Appeals has declined to award a fee refund to the named plaintiff in a landmark labor law case.
Reversal: COA reinstates negligence action against school district
The Indiana Court of Appeals has reinstated a man’s negligence claim against a school corporation after one of its school buses collided with the man’s vehicle, leaving him injured.
Southern District to adopt rule amendments Dec. 1
Proposed changes to local rules of the U.S. District Court for the Southern District of Indiana have been approved and will go into effect next month.
Indiana leads amicus brief defending Ohio Down syndrome abortion statute
A split federal appeals court has upheld an injunction against an Ohio law prohibiting abortions based on a fetus having Down syndrome, prompting the Indiana Attorney General’s Office to file an amicus brief in support of the neighboring state.
Late Judge McKinney honored in anniversary celebration
In honor of the 10th anniversary of its federal courthouse in Terre Haute, the U.S. District Court for the Southern District of Indiana has hung the portrait of the man who was key to getting the judicial outpost built and who devoted great effort to helping former federal inmates re-enter society: the late Judge Larry J. McKinney.
Federal judges share experiences of judicial nomination, appointments
Several judges spoke candidly about their personal judicial nomination experiences on Friday in honor of the U.S. District Court for the Southern District of Indiana’s 12th annual court history and continuing legal education symposium.
COA affirms teens’ robbery charges
The Indiana Court of Appeals on Monday affirmed the denial of two teens’ motions to dismiss their felony robbery charges after they allegedly stole from a mini mart and battered an employee who tried to stop them.
Fraudster Durham wins hearing on whether lawyer’s $1M fee created conflict
Fair Finance fraud felon Tim Durham will get a chance to grill his former trial attorney over whether his $1 million wire fraud defense representation fee created a conflict of interest between money the lawyer could pocket versus paying for witnesses Durham claims could have testified in his favor. A federal judge recently granted a new hearing on that and other grounds as Durham seeks to chisel away at his 50-year prison sentence.
Justices to consider key SEC tool in securities fraud
The Supreme Court will consider taking away an important tool that federal securities regulators used last year to recoup $2.5 billion in ill-gotten gains in fraud cases.
Muncie woman gets 6 years for dousing guest with hot grease
A Muncie woman who pleaded guilty to dousing a house guest with a pan of hot grease has been sentenced to six years in prison. She told police she scalded her guest after accusing her of stealing deodorant.
Prosecutors added to Supreme Court’s justice reform initiative
The Indiana Supreme Court has added three prosecutors to its newly established Indiana Innovation Initiative and respective working groups aimed at making Indiana’s justice system more efficient.
Cameras to capture November National Adoption Day proceedings
Hoosier families celebrating National Adoption Day will have the opportunity to capture special moments through the lens of a camera. The Indiana Supreme Court announced its authorization of cameras in court for uncontested adoptions during the month of November, allowing photography and video of the adoption proceedings.
Justices reject Fifth Amendment appeal of sex offender treatment
The Indiana Supreme Court has found no constitutional violation against a father who refused to participate in a sex offender treatment program that he argued would violate his Fifth Amendment right against self-incrimination.
Divided appeals court reverses habitual offender adjudication
A split Indiana Court of Appeals has reversed a man’s habitual offender adjudication after finding the state failed to bring him to trial within Indiana Criminal Rule 4(C)’s one-year statutory deadline.
Reversal: Father’s due process rights violated in TPR case
The Indiana Court of Appeals on Thursday reversed the termination of a father’s parent-child relationship after concluding his due process rights had been violated. The Department of Child Services, the appellate court found, did not make reasonable efforts to reunify the father and child.
COA orders new criminal recklessness trial after jury instruction error
A mother who backed over her aunt with a vehicle before fleeing the scene with her child in the car has won a new trial on a criminal recklessness conviction, though the Indiana Court of Appeals declined to overturn her related conviction of resisting law enforcement.
Former bar exam leader offers tips as Indiana considers changes
As the Indiana legal profession re-evaluates its bar exam in light of slumping pass rates, a leader in bar examinations and bar admissions offered some insight into testing and provided some advice, as well as some warnings, about making changes.