Articles

7th Circuit rejects claim conviction is outside statute of limitations

The 7th Circuit Court of Appeals disagreed with a defendant who claimed the federal DNA tolling statute is unconstitutional as applied to him. The man was convicted in 2013 of attempting to rob an Anderson bank in 2003, thanks to a positive identification in 2010 using DNA collected at the crime scene.

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Merrillville attorney disbarred for stealing funds

A northern Indiana attorney who stole trust account funds belonging to his former law partner and that partner’s clients, and embezzled hundreds of thousands of dollars from a receivership, has been disbarred by the Indiana Supreme Court.

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ITCA does not apply to lawsuit challenging local firearm law

An Evansville man suing the city for enforcing a local law prohibiting firearms in public parks is not effectively bringing a tort claim, as the city argued in its motion on the pleadings. The Court of Appeals affirmed denial of the city’s motion, finding the claim is being brought pursuant to I.C. 35-47-11.1-5, which creates a private right of action for individuals to enforce that statute’s provisions.

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New-crime exception applies in Indiana

Tackling an issue of first impression, the Indiana Court of Appeals applied the new-crime exception under the exclusionary rule of the Fourth Amendment as well as under the Indiana Constitution.

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Inmate not disadvantaged by appearing at trial by video

The 7th Circuit Court of Appeals affirmed Monday that a New Jersey inmate who filed a retaliation lawsuit against officials at an Indiana prison while he was housed there was not disadvantaged when the judge denied his request to be transported to Indiana for the trial. The judge instead ordered he appear by video conferencing.

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Teen’s arrest did not violate 4th Amendment

The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.

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ABA task force calls for more debt counseling, innovation

The report released Friday by the American Bar Association Task Force on the Financing of Legal Education calls for enhanced law student debt counseling, wider collection and publication of law school financial data, and innovation at law schools to lower costs for students while maintaining sound educational programs.

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Record supports capping trustee fees at 1.5 percent

A trial court did not err when it concluded that a community foundation which took over acting as trustee of a charitable trust will have its fees capped at 1.5 percent of the trust’s annual assets, the Indiana Court of Appeals ruled Friday.

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