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7343 results for 'articles'

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Judges uphold man’s resisting law enforcement conviction

July 7, 2014

Finding the evidence to be sufficient to support a man’s conviction of misdemeanor resisting law enforcement, the Indiana Court of Appeals affirmed his conviction Monday. The judges also found no error in the trial court’s instructions to the jury.

Nonprofits’ contraceptive cases next for justices

July 7, 2014

How much distance from an immoral act is enough? That's the difficult question behind the next legal dispute over religion, birth control and the health law that is likely to be resolved by the Supreme Court of the United States.

‘0INK’ vanity plate fight could go to Legislature

July 7, 2014

A fuss over a police officer's vanity plate has blown up into a constitutional debate that could lead to the Indiana General Assembly deciding whether to rewrite the law or stop selling personalized license plates altogether.

Opinions July 3, 2014 ILD

July 3, 2014

Indiana Court of Appeals
William H. Royal, II v. State of Indiana (NFP)
02A05-1311-CR-584
Criminal. Affirms convictions of Class B felony robbery resulting in bodily injury and Class D felony theft. Reverses conviction of Class A misdemeanor battery resulting in bodily injury and remands with instructions to reduce Royal’s battery conviction to a Class B misdemeanor and impose a new sentence for that offense.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

Opinions July 3, 2014

July 3, 2014

7th Circuit Court of Appeals
Gene Williams on behalf of Pamela J. Townsend v. Carolyn W. Colvin, acting commissioner of Social Security
13-3607
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Magistrate Judge John E. Martin.
Civil. Reverses District Court’s affirmation of the administrative law judge’s decision that Townsend became totally disabled as of Nov. 1, 2008.

Kentucky gay marriage ban nixed, but no weddings yet

July 3, 2014

Gay marriage advocates nationwide heralded the ruling striking down deeply conservative Kentucky's ban on same-sex marriage as a significant milestone, though matrimonies won't begin in earnest there anytime soon.

Property conveyed by the entirety includes presumption of right of survivorship

July 3, 2014

In a question of first impression, the Indiana Court of Appeals Thursday held that when a property is conveyed by the entirety, there is a presumption the grantor intended to convey the property with the right of survivorship. It does not matter if the individuals are not husband and wife.

Judges order SSA to determine if father is entitled to daughter’s disability benefits

July 3, 2014

The 7th Circuit Court of Appeals Wednesday sent a case back to the Social Security Administration after finding an administrative law judge’s decision that a woman was not totally disabled until Nov. 1, 2008, “deeply flawed.”

Divided 7th Circuit revives Marion County Small Claims suit

July 3, 2014

More than eight months after Judge Richard Posner argued in a dissent that Newsom v. Friedman needs to be overruled, the 7th Circuit Court of Appeals did just that in an en banc decision involving Marion County’s Township courts.

Lawsuit: Afghanistan subcontractor cheated workers

July 3, 2014

Federal investigators are examining whether a military subcontractor underpaid scores of medical workers in Afghanistan, pocketing federal funds that the government intended the company use to pay its employees.

Happy 4th of July!

July 3, 2014

Indiana Lawyer Daily will not publish Friday in observance of the July 4 holiday.

Counties worry about cost of criminal code changes

July 2, 2014

Sweeping changes to Indiana's criminal code took effect Tuesday that will send more low-level, nonviolent criminals to community corrections programs and jails instead of state prisons, causing concern by some about the financial burden it will put on counties.

Opinions July 2, 2014 ILD

July 2, 2014

Indiana Court of Appeals
Charlotte Wiggins v. State of Indiana (NFP)
49A02-1311-CR-972
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Robin Shannon v. State of Indiana (NFP)
49A02-1312-CR-1010
Criminal. Affirms conviction of Class D felony theft.

David Wickizer v. State of Indiana (NFP)
49A05-1310-CR-518
Criminal. Affirms conviction of Class A misdemeanor battery.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Opinions July 2, 2014

July 2, 2014

Indiana Supreme Court
In the Matter of: Steve L. Brejensky
29S00-1205-DI-277
Discipline. Imposes at least one-year suspension without automatic reinstatement based on Brejensky’s conviction of Class A misdemeanor conversion and lack of remorse. He may be reinstated only after proving his remorse, rehabilitation and fitness to practice law. The costs of the proceeding are assessed against him.

Justices suspend 2 attorneys, concerned whether one is fit to practice

July 2, 2014

The Indiana Supreme Court issued two disciplinary opinions Wednesday, including a decision in which the justices suspended an Indianapolis attorney for at least 18 months, citing his “serious deficiencies in representing clients and himself.”

Car dealer responsible for buyer’s unauthorized purchases at auction

July 2, 2014

After finding that a trial court did not err in reinstating an action after initially dismissing it with prejudice, the Indiana Court of Appeals affirmed summary judgment in favor of Automotive Finance Corp. on its action seeking repayment of loans made to purchase cars.

Indiana to raise attorney registration fees

July 2, 2014

Annual registration fees for Indiana attorneys will increase nearly 25 percent, the Indiana Supreme Court announced in an order issued Monday.

IU Maurer to begin offering scholarships to Wabash College grads

July 2, 2014

Indiana University Maurer School of Law and Wabash College have entered into an agreement establishing a scholarship and mentorship program for Wabash students interested in going to law school.

ACLU sues 2 Indy police officers over car sticker

July 2, 2014

An Indiana woman intended her bumper sticker reading "unmarked police car" as a joke, but two police officers didn't think it was funny. Now, they're being sued in federal court for allegedly violating the woman's free speech rights, and officials aren't laughing.

US Justices act in other health law mandate cases

July 2, 2014

The Supreme Court of the United States on Tuesday confirmed that its decision a day earlier extending religious rights to closely held corporations applies broadly to the contraceptive coverage requirement in the new health care law, not just the handful of methods the justices considered in their ruling.

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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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