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COA: Trial court properly admitted drug evidence

May 20, 2015

The Indiana Court of Appeals held that a trial court acted within its discretion when it admitted evidence found after executing a search warrant of a large quantity of marijuana in a defendant’s backpack, which led to the revocation of the defendant’s probation.

Woman’s theft, check deception convictions affirmed

May 20, 2015

The Court of Appeals concluded Wednesday that a defendant did not establish that the trial court abused its discretion by refusing her proffered jury instruction or in the admission of pretrial identification evidence.

7th Circuit affirms denial of railroad disability benefits

May 20, 2015

A railroad worker treated in Indiana for years for back injuries and pain failed to convince the 7th Circuit Court of Appeals he was entitled to federal disability benefits.

Justices find nature of murders supports death penalty

May 20, 2015

A Gary man who shot and killed his wife and her two children at close range will remain on death row, the Indiana Supreme Court concluded Wednesday.

Man’s life without parole sentence upheld

May 20, 2015

There is sufficient evidence to affirm a Fulton County man’s sentence of life without parole for his connection in the murder of an elderly woman during a home invasion, the Indiana Supreme Court ruled Wednesday.

Double jeopardy requires reversal of 1 of prisoner’s convictions

May 20, 2015

An inmate in the Miami Correctional Facility scored a partial victory before the Indiana Supreme Court Tuesday. The justices reversed one of his convictions for battering a correctional officer, but declined to reduce his eight-year sentence.

7th Circuit again denies Notre Dame’s request for injunction in contraception suit

May 20, 2015

A month after rehearing the University of Notre Dame’s request for a preliminary injunction that it need not comply with the Affordable Care Act’s contraception mandate, the 7th Circuit Court of Appeals again affirmed the denial of the school’s request.

New lawyers admitted to the Indiana bar

May 19, 2015

Telling them that it is a “good day to become a lawyer,” Supreme Court Chief Justice Loretta Rush welcomed Indiana’s newest attorneys to the Indiana bar and oversaw the admission ceremony Tuesday that included the recitation of oaths to practice before the state courts and U.S. District Courts for the Northern and Southern Districts of Indiana.

Indiana judge weighs fate of BMV overcharges case

May 19, 2015

A judge is weighing the fate of a lawsuit targeting the Indiana Bureau of Motor Vehicles after he heard arguments Monday in the case alleging that the BMV overcharged motorists by tens of millions of dollars for fees and services.

Opinions May 19, 2015 ILD

May 19, 2015

Indiana Court of Appeals
Lorie Bohannon v. State of Indiana (mem. dec.)
49A02-1409-CR-610
Criminal. Affirms conviction of Class B misdemeanor harassment.

Angela Cash-Hilyard v. State of Indiana (mem. dec.)
49A02-1409-CR-621
Criminal. Affirms conviction of Class C felony promoting prostitution.

In re the Marriage of: John Mikicich v. Claudia Mikicich (mem. dec.)
45A05-1407-DR-355
Domestic relation. Affirms decision of trial court. Finds the lower court did not err in imputing income to the husband; awarding tax exemptions to the wife; directing the husband to purchase health insurance and pay the child’s expenses should certain circumstances arise; awarding the wife attorney fees; or dividing the marital estate unequally.

In the Matter of the Commitment of A.A. v. Indiana University Health Bloomington Hospital (mem. dec.)
53A01-1412-MH-530
Mental health. Affirms trial court’s finding that A.A. is gravely disabled and the court’s order that she be committed to a psychiatric care facility.

In the Matter of the Termination of the Parent-Child Relationship of, J.H. (minor child), and K.T. (father) v. The Indiana Department of Child Services (mem. dec.)
49A02-1409-JT-613
Juvenile. Affirms termination of K.T.’s (father) relationship with J.H. (child).

Thomas J. Mure v. State of Indiana (mem. dec.)
71A05-1407-CR-336
Criminal. Affirms conviction of battery, a Class C felony.

 

Indianapolis bar owners challenge city’s smoking ban

May 19, 2015

The Indiana Court of Appeals has heard arguments from the owners of two Indianapolis bars who want to overturn the city’s 2012 ban on smoking.

Opinions May 19, 2015

May 19, 2015

Indiana Supreme Court
In the Matter of: Thomas R. Philpot
45S00-1304-DI-224
Attorney discipline. Suspends Thomas Philpot from the practice of law for four years without automatic reinstatement. Finds he violated the Indiana Rules of Professional Conduct by committing crimes that reflect adversely on his honesty, trustworthiness and fitness as a lawyer.

Failure to buckle a seatbelt cannot be used to prove contributory negligence

May 19, 2015

The city of Fort Wayne will not be able to present evidence at trial that an injured passenger in a traffic accident was not wearing a seatbelt. The Indiana Court of Appeals has ruled that a violation of the state’s Seatbelt Act may not be used to prove contributory negligence.

Former Lake County clerk given 4-year suspension

May 19, 2015

The former clerk of Lake County who used federal funds to pay himself bonuses has been suspended from the practice of law after the Indiana Supreme Court found he had betrayed the public’s trust and violated both his oath of office and of attorneys.

Justices author dissents in appeal denials

May 19, 2015

The Indiana Supreme Court won’t hear two cases in which justices felt compelled to write dissents arguing why they believed toxic-litigation and marital estate distribution appeals should be heard.

Justices to determine if ‘Spice law’ void for vagueness

May 19, 2015

The Indiana Supreme Court will determine whether Indiana’s “Spice law” banning synthetic drugs as new formulations appear is void for vagueness, as separate divided panels of the Court of Appeals ruled in January.

Justice center developer trying to meet with council members

May 19, 2015

The company that wants to develop a criminal justice center has invited the entire Indianapolis City-County Council to a meeting Tuesday afternoon to discuss lingering concerns about the $1.6 billion project, which died in committee last month.

IndyBar: BENCH BAR 2015: Is it Too Good to Be True?

May 19, 2015

To all of you … my friends in the IndyBar, I am here today to break the rule:  Bench Bar 2015 is going to be off the charts GOOD, and while it may sound too good to be true, take my word for it.  It’s true.

IndyBar: Leading Litigators Come to Louisville for Bench Bar 2015

May 19, 2015

At the 2015 Bench Bar Conference, you’ll have the chance to hear from some of the nation’s leading legal experts. One such speaker is James “Jim” P. Cooney III, partner at Womble Carlyle in Charlotte, North Carolina.

IndyBar: The Talk: The First Step in End-of-Life Health Care Planning

May 19, 2015

May is Elder Law Awareness Month. Recent bar admittee and IndyBar member Lori Craig shares important information that’s valuable both in the practice and in personal life.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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