Marion County - The Indiana Lawyer

Despite state’s ‘negligence or malice,’ court denies ballot-access injunction

September 9, 2019 | Olivia Covington

An Indianapolis resident who wanted to add his name to the November mayoral ballot cannot do so now that a federal judge has upheld a finding by the Marion County Election Board that the would-be candidate failed to acquire enough legitimate voter signatures. However, the court also raised concerns about language on a candidate form that could make it “more difficult for voters to support independent candidates,” yet found the language was not enough of a burden to overrule the board’s decision.

Anthem attorney gets JLAP probation after OWI crash

September 9, 2019 | Dave Stafford

An attorney for Indianapolis-based Anthem Inc. received a stayed suspension from the Indiana Supreme Court and will undergo a year of substance abuse monitoring after a drunken-driving conviction arising from a property damage car crash nearly two years ago. Jonathan T. Tempel was suspended for 90 days with automatic reinstatement, stayed subject to completion of one year of monitoring by the Judges and Lawyers Assistance Program.

Former longtime Indianapolis Bond Bank employee sentenced to prison for theft

September 5, 2019 | Indianapolis Business Journal Staff

A former Indianapolis Bond Bank employee has been sentenced to 545 days in prison after pleading guilty to two felony counts of theft and agreeing to pay $340,791 in restitution to the bank, the Marion County Prosecutor’s Office announced Wednesday.

OWI conviction upheld for driver snoozing in parked, running car

September 5, 2019 | Katie Stancombe

A man asleep behind the wheel of a parked but running car after a night of drinking couldn’t convince the Indiana Court of Appeals that there was insufficient evidence to prove he had been operating the vehicle.

Judge to rule on unsealing redacted Equifax complaint

September 5, 2019 | Olivia Covington

An Indianapolis judge is deciding whether information in a complaint alleging Equifax could have, but failed to, prevent one of the largest cybersecurity breaches in United States history must be unsealed and made accessible to the public.

Marion County judges offer cool, sweet thank you to jurors

September 4, 2019 | Marilyn Odendahl

Recently, Marion County jurors got another summons — this time an invitation to join judges, other jurors and their families in enjoying some ice cream. The Marion County Superior and Circuit Courts held its inaugural Juror Appreciation Day Aug. 24 at the Benjamin Harrison Presidential Site, just north of downtown Indianapolis.

Tax Court affirms business center’s voluntary withdrawal of property tax appeal

September 3, 2019 | Katie Stancombe

An objection to an Indianapolis business center’s voluntary withdrawal of its property tax appeal was not improperly overruled, the Indiana Tax Court ruled Monday.

Res judicata clarification allows CHINS finding to stand

August 29, 2019 | Marilyn Odendahl

In granting a petition on rehearing, the Indiana Court of Appeals reversed its earlier ruling and allowed the Department of Child Services to move forward with a new child in need of services petition even though the filing relied on allegations made in a previous CHINS petition that had been overturned.

COA affirms IMPD shooting conviction, splits attempted murder counts

August 29, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed a man’s conviction for shooting up two Indianapolis Metropolitan Police Department buildings, but reversed the merger of his two attempted murder convictions into one count.

Prosecutors want boy, 15, tried as adult in slayings

August 28, 2019 | Associated Press

Prosecutors want to try a 15-year-old Indianapolis boy as an adult in last week’s fatal shootings of two teenage siblings.

Judges serve ice cream and appreciation to jurors

August 26, 2019 | Marilyn Odendahl

Marion Superior and Circuit judges showed their appreciation to the people who answered the summons for jury duty by offering them ice cream and conversation on a summer afternoon.

IndyBar: WLD Awards Chief Judge Heather Welch 2019 Antoinette Dakin Leach Award

August 21, 2019

The spirit of Antoinette Dakin Leach lives on through each award winner including this year’s recipient, Judge Heather Welch of the Marion Superior Court. She exemplifies the definition of a trailblazer in the legal profession, as she was recently elected to lead Marion Superior Court’s first all-female Executive Committee.

Court of Appeals affirms dismissal of ‘purely hypothetical’ med-mal question

August 19, 2019 | Marilyn Odendahl

The Indiana Court of Appeal found a widow’s argument that she should have access to the Indiana Patient’s Compensation Fund was not ripe for judicial review.

COA: Franciscan not liable for patient’s files posted on social media

August 19, 2019 | Marilyn Odendahl

A woman whose medical records were improperly accessed and posted on Facebook was unable to get a remedy when the Indiana Court of Appeal found Franciscan Alliance Inc. was neither liable nor negligent for the actions its employee.

JW Marriott tax appeal survives motion to dismiss

August 19, 2019 | Olivia Covington

The third appeal of a 2010 tax assessment against the JW Marriott in downtown Indianapolis has survived a motion to dismiss brought by the Marion County assessor.

Indiana’s lawsuit against opioid maker Purdue Pharma proceeds

August 16, 2019 | IL Staff

Indiana’s lawsuit against drug maker Purdue Pharma for the company’s alleged role in contributing to the state’s opioid crisis is moving forward after surviving a motion to dismiss.

Drug dealer’s appeal fails to show prosecutorial misconduct

August 16, 2019 | Dave Stafford

A prosecutor’s suggestion to jurors during closing arguments that the volume of fentanyl in a habitual drug dealer’s possession had the potential to kill thousands of people did not constitute fundamental error. The Indiana Court of Appeals on Friday rejected that and other arguments of a man convicted and sentenced to 40 years in prison.

Indianapolis’ Oaktree Apartments demolition order affirmed

August 15, 2019 | Dave Stafford

A demolition order for a northeast-side Indianapolis apartment complex vacant for more than five years was affirmed Thursday by the Indiana Court of Appeals, which stopped short of ordering the dilapidated property’s owners in England to pay the city’s legal fees in long-running nuisance litigation.

Indiana legislator jailed on drunken driving, other charges

August 14, 2019 | Associated Press

A state legislator from Indianapolis was arrested over the weekend on suspicion of drunken driving and impersonating a police officer.

Indiana National Guard leader sued over retaliation claim

August 12, 2019 | Associated Press

A former contract worker has filed a lawsuit claiming she was retaliated against by the leader of the Indiana National Guard after she reported concerns about his affair with a subordinate. Shari McLaughlin filed the lawsuit this month in Marion Superior Court against Major General Courtney Carr, Adjutant General of the Indiana National Guard.

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