Reversal: Appeals court tosses admission of OWI breath test
The Indiana Court of Appeals reversed a man’s operating a vehicle while intoxicated conviction when it found the admission of his chemical breath test was an abuse of discretion.
Katie Stancombe
Articles
Web Exclusive: Women lawyers find freedom owning law firms
Indianapolis attorney Yasmin Stump is among women lawyers who made a change to regain control over the time she spent in the workplace and become the ultimate decision maker in their careers. Stump and others chose to take a risk and open her their practices.
New DTCI president Mortimer hopes to encourage civility and professionalism, diversify membership
The qualities of skilled advocacy and civility attributed to Renee Mortimer’s success as a practicing lawyer, and because they are the right thing to do, she plans to bring them with her into the DTCI presidency. Here’s what she had to say in a recent Q&A with Indiana Lawyer.
Justices hear man’s appeal in ‘obscene matter’ case
Indiana Supreme Court justices heard argument Tuesday in the revocation of a man’s placement in community corrections when a cellphone in his possession was found to contain “obscene matter” that he was prohibited from having.
FBI agent’s experience enough to suggest ‘fair probability’ for drug evidence
The 7th Circuit Court has ruled that an FBI agent’s extensive experience dealing with drug-trafficking crimes was enough to establish probable cause to search a man’s home and to allow the admission at trial of the contraband found pursuant to the search.
Molesting conviction vacated under continuous-crime doctrine
The Indiana Court of Appeals reversed one of a man’s two convictions for child molesting when it found that because both occurred during a single “transaction,” it should be vacated under the continuous-crime doctrine.
Discrimination, retaliation claims fail in 7th Circuit termination case
The 7th Circuit Court of Appeals has affirmed a district court’s denial of a woman’s discrimination and retaliation claims against her prior employer, finding insufficient evidence to support her claim that she was terminated for taking medical leave.
Protester claims feeling unsafe at AG’s anti-crime event
Indiana Attorney General Curtis Hill discussed crime prevention Tuesday during the Indiana General Assembly’s organization day, presenting his office’s commitment to making Hoosier neighborhoods safer. However, one woman said she did not feel safe at the statehouse with Hill present.
Justices hear dad’s appeal of removal from son’s estate
The Indiana Supreme Court heard argument Tuesday contending the appointment of a deceased man’s father as the special administrator of his wrongful-death estate should not have been reconsidered, despite counter-arguments that he was not the best fit for the appointment.
Sweeney becomes newest Southern District judge at jovial investiture
A humbled Judge James R. Sweeney II was touched by the kind words and sentiments of those who honored him Friday afternoon at his public investiture ceremony as the first judge to be confirmed to the Southern District Court of Indiana since 2010.
Despite testimony discrepancies, delinquency affirmed
The Indiana Court of Appeals affirmed a child’s delinquency adjudication, finding there was sufficient evidence to prove he was in possession of a firearm while fleeing police.
COA: Sisters’ estate tort claims against brother may proceed
The Indiana Court of Appeals affirmed the denial of a son’s motion to dismiss when it found his sisters’ tort claims against him arising from a dispute over inheritance could move forward in the trial court.
Attorney convicted of cocaine charge suspended 3 years
A Marion attorney already under interim and administrative suspensions has been suspended from the practice of law for at least three years for professional misconduct, including her continual abuse of cocaine.
Order to return 5-unit apartment to single-family house upheld
The Indiana Court of Appeals affirmed a public works and safety board’s order that a man restore a property he uses as apartments back to a single-family dwelling after finding the home to be unsafe and sufficient evidence proved it was not a multi-family unit.
New Notre Dame research effort boosts private law program
Notre Dame Law School students interested in the area of private law now have a chance to further their studies with assistance from a research program introduced last week.
7th Circuit affirms sanctions in Indy photo copyright dispute
The 7th Circuit Court of Appeals has affirmed the imposition of sanctions against an attorney for filing a frivolous and misleading motion against another attorney who claims his copyrighted photo of the Indianapolis skyline was used without permission by the defendant’s client.
COA upholds grant of treble damages, denial of liability
The Indiana Court of Appeals has affirmed the award of more than $56,000 in treble damages to a senior woman deprived of a written contract by a remodeling company while also finding the men who owned the company conducting the work were not personally liable to her.
Man’s misdemeanor resisting conviction overturned under continuous crime doctrine
The Indiana Court of Appeals has partially reversed a man’s two convictions for resisting law enforcement after finding both of the convictions cannot stand under the continuous crime doctrine.
Hoosier Environmental Council attorney discusses CAFOs, industrial farming at McKinney
Murmurs of disgust were sprinkled throughout a packed lecture hall at Indiana University Robert H. McKinney School of Law as law students looked at pictures of waste pits overflowing with animal poop last week. Their lecturer, Kim Ferraro of the Hoosier Environmental Council, spared no sensitive stomachs as she explained the process of industrial farming and the disposal of the billions of pounds of animal waste that ensue.
Expired handgun permit not ‘misuse’ of firearm, COA says
A divided panel of the Indiana Court of Appeals has reversed an order to destroy a man’s handgun, finding the man did not misuse the firearm, despite his expired permit.