Fixed-plea modification bill passes legislature
A bill meant to codify longstanding sentencing practices related to modification of plea agreements is headed to the governor after it passed the Indiana House of Representatives on Tuesday.
Olivia Covington
Articles
Applications open for coming Marion Superior judge vacancies
As the Marion County Judicial Selection Committee prepares to conduct its first judicial retention interviews later this month, the committee also has begun accepting applications to fill three upcoming vacancies created by the retirement later this year of judges who will not seeking retention.
Jury awards $1.9 million in case rising from Menard-Hilbert fight
The latest development in a longstanding legal battle between two business titans has resulted in a $1.9 million verdict against the leaders of the national hardware store chain Menard, Inc.
COA reinstates default judgment against Decatur Co. landlords
The Decatur Superior Court must reinstate a default judgment against a local apartment complex and its property manager after the Indiana Court of Appeals found there was no excusable neglect that would justify setting aside the default.
Fort Wayne attorney suspended for unethical client recruitment
A Fort Wayne attorney previously disciplined for deceptive marketing practices has been suspended from the practice of law for nine months after he engaged in another unethical scheme to garner more clients.
Hill asks full 7th Circuit to reinstate death penalty for Baer
Indiana Attorney General Curtis Hill has asked the 7th Circuit Court of Appeals to reinstate the death penalty for an Indiana man convicted of the “heinous” murders of a Madison County mother and her 4-year-old daughter after a 7th Circuit panel overturned the man’s death penalty sentence last month.
Judgment for lender in student loan case reversed
A Warrick County man won his appeal in a student loan dispute after the Indiana Court of Appeals determined the alleged holder of his son’s student loan failed to prove it was entitled to an $18,000 summary judgment ruling.
COA reinstates New York judgment against Indiana business
The Indiana Court of Appeals has reversed a decision to set aside judgment in favor of a New York company serving as a creditor to an Indiana business, finding Indiana law regarding cognovit notes cannot supersede the Full Faith and Credit Clause in a dispute over a New York judgment.
Appeals court remands HOA dispute over limo parking
A Hamilton County dispute between a local couple and their homeowners association over the parking of limousines used in a business will return to the trial court after the Indiana Court of Appeals determined the trial court’s final order was based on erroneous findings.
Civil forfeiture reform passes General Assembly
A bill to reform many aspects of Indiana’s civil forfeiture proceedings is headed to Gov. Eric Holcomb after receiving unanimous support on final passage from the House of Representatives on Monday. The legislation increases due process protections in such cases.
Supreme Court will decide how gang enhancements are treated in sentencing
The Indiana Supreme Court will consider the treatment of criminal gang enhancements in sentencing decisions during an upcoming oral argument after granting transfer to a robbery case that led to vacated convictions and resentencing orders.
Retired attorney survives motion to dismiss copyright claim
A retired Indiana attorney has survived a motion to dismiss a copyright infringement claim against a fellow Indiana lawyer regarding a photo of the Indianapolis skyline, the most recent decision in a long line of copyright claims stemming from the disputed photo.
Week after argument, justices uphold denial of continuance, sentence
A Floyd County man convicted of attempted residential entry and resisting law enforcement lost his appeal of his sentence and the denial of his motion for a continuance. The Indiana Supreme Court upheld the trial court’s ruling only one week after hearing oral arguments in the case.
Supreme Court remands habitual offender case considering recent decisions
The Indiana Supreme Court has remanded an appeal of a Dearborn County habitual offender enhancement considering two opinions addressing habitual offender findings, a move that comes as the Indiana General Assembly seems poised to pass a bill that would more narrowly define how out-of-state felonies should be treated when considering sentencing enhancements.
Judge certifies class in Hepatitis C case against DOC
A district court judge has certified a class action against the Indiana Department of Correction and various medical providers, alleging the defendants fail to provide adequate treatment for the class members’ Hepatitis C diagnoses.
Divided COA reverses delinquency finding after school discipline
A divided Indiana Court of Appeals panel has reversed a delinquency finding against a high school student who vandalized school bathrooms, with each judge writing separately to share their views on how the increased presence of police officers in schools can impact the nature of school disciplinary proceedings.
Hill meets Trump on gun reform, points out Indiana ‘Red Flag Law’
Indiana Attorney General Curtis Hill met with President Donald Trump to discuss school safety and gun reform on Wednesday, the same day he announced a public safety campaign to remind Hoosier law enforcement of a law enabling them to seize firearms from dangerous individuals without filing criminal charges.
Senate committee approves bill allowing e-signatures on probate documents
The electronic signing of estate planning documents is one step closer to becoming legal under Indiana law after a Senate committee passed e-signing legislation on Wednesday. The measure passed the House last month.
Sunday sales legislation gets House approval
A bill that would allow Hoosiers to buy alcohol on Sundays has passed the House of Representatives, moving the legislation one step closer to becoming law in Indiana.
COA strikes fee collection statute drafted to benefit Bloomington, West Lafayette
A fee collection statute the city of Hammond alleged was enacted for the benefit of only two Indiana cities must be struck from Indiana law after the Indiana Court of Appeals determined Monday the statute violated special legislation restrictions in the Indiana Constitution.