Articles

$2.9M verdict in mill accident case upheld

The 7th Circuit Court of Appeals has affirmed the admittance of an expert’s opinion as to causation of an accident at a northern Indiana steel rolling mill, finding the federal court properly denied a company’s Daubert motion to bar that testimony.

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Majority upholds habitual traffic violator conviction

Four justices found that Indiana Code 9-30-10-16 indicating when a person commits a Class D felony while driving with a suspended license is not unconstitutionally vague and evidence supports a man’s conviction of Class D felony operating a motor vehicle as a habitual traffic violator.

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Justices uphold sentence for kidnapping jail officer

In a four-page per curiam decision, the Indiana Supreme Court reinstated the trial court’s 47-year sentence of Roger Bushhorn, who pleaded guilty to charges stemming from his escape, kidnapping and assault of jail officials.

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Attorney not entitled to prejudgment interest

A southern Indiana lawyer who entered into an agreement with another attorney to handle some of his cases due to his suspension from practice is not entitled to prejudgment interest on his portion of a client fee, the Indiana Court of Appeals held.

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LaPorte County joins Odyssey

The LaPorte County courts and clerk’s offices are the latest to join the case management system implemented by the Division of State Court Administration’s Judicial Technology and Automation Committee.

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Defendant not harmed by refusal to grant mistrial

The Indiana Supreme Court found no harm was done when an uncooperative defendant’s mouth was covered by a bailiff in order to quiet the man, so the trial court correctly denied the defendant’s motion for a mistrial.

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Federal judge rules against environmental groups in I-69 suit

The two environmental organizations challenging the construction of Interstate 69 in southern Indiana lost in federal court Tuesday. The lawsuit filed by Hoosier Environmental Council and Citizens for Appropriate Rural Roads dealt with the stretch of the interstate from Washington, Ind. to Scotland, Ind.

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7th Circuit reverses ACCA enhancement

Based on a sparse record of evidence that the District Court could consider in determining whether a man can be sentenced under the Armed Career Criminal Act, the 7th Circuit Court of Appeals found the government didn’t meet its burden to prove two of the man’s previous convictions from events on the same day were separate predicate offenses under the Act.

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Chief justice appoints 2 to rules committee

Indiana Chief Justice Brent E. Dickson has appointed Lake Superior Judge Calvin D. Hawkins and Muncie attorney Perry Gregory Cross to the Indiana Supreme Court Committee on Rules of Practice and Procedure.

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Man not entitled to disability benefits

The 7th Circuit Court of Appeals was sympathetic to a man’s medical condition but affirmed the decision by an administrative law judge that he’s not disabled is supported by the evidence.

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