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COA: Date-rape drug made victim ‘unaware’

The Indiana Court of Appeals today tackled the meaning of “unaware” in the state’s statute addressing rape in regards to the victim being under the influence of a known date-rape drug. In Herman Filice v. State of Indiana, No. 49A02-0707-CR-591, Chief Judge John Baker authored the unanimous opinion that required the court for the first time to address the various legal issues surrounding the defendant’s sexual contact with a woman who had Rohypnol in her system during the contact. Filice met the…

Transfer granted in utilities case

The Indiana Supreme Court granted transfer Sept. 11 to a case involving a contract for the sale of electricity to a steel manufacturer.

Indy IP firm loses Monroe publicity rights case

A federal judge’s decision in California this week represents a significant legal loss for an Indianapolis intellectual property firm relating to the publicity rights of Marilyn Monroe.U.S. District Judge Margaret M. Morrow of the Central District of California in Los Angeles ruled Monday that Marilyn Monroe LLC and Indianapolis-based CMG Worldwide don’t own rights of publicity, and that a studio and licensing company have the right to market and license images of the famous actress.The judge’s action reversed a ruling from…

End of parental rights not based on disability

The Indiana Court of Appeals affirmed the involuntary termination of a couple’s rights to their children, ruling the final order was valid even without the presiding magistrate judge’s signature, and the fact the mother has a hearing disability was not a reason why the mother’s parental rights were ended. In R.W. Sr. (father) and D.B.W. (mother) v. Marion County Dept. of Child Services, et al., No. 49A04-0801-JV-64, married parents R.W. Sr. and D.B.W. challenged the court’s decision to terminate their parental rights…

7th Circuit upholds antitrust suit dismissal

The 7th Circuit Court of Appeals affirmed a decision by a U.S. District Court in Indiana which threw out a case involving
Marathon Petroleum Company and its dealers because the dealers couldn't prove the company violated the Sherman Act.

Children’s rights topic of ACLU discussion

“Children’s rights: Who’s responsible?” will be the subject of the American Civil Liberties Union of Indiana’s next First Wednesday discussion. This is the final First Wednesday discussion of the spring 2008 series.The discussion will be from noon to 12:50 p.m. May 7 at the Indiana History Center, 450 W. Ohio St., Indianapolis. Panelists include Jackie Bowie-Suess, attorney for the ACLU of Indiana; Marion Superior Court Juvenile Division Judge Marilyn Moores; and Cindy Booth, executive director of Child Advocates.Indiana Lawyer has a…

7th Circuit affirms, reverses wine ruling

The 7th Circuit Court of Appeals has recognized Indiana’s interest in keeping wine out of minors’ hands, ruling that Hoosiers who want to order alcohol online or by phone will have to first make face-to-face contact at a winery to verify their age before being allowed to make the purchase.

Overstreet granted stay of execution

The man who was convicted and sentenced to death for killing a Franklin College student has been granted a motion for a stay of execution. U.S. District Judge Philip Simon of the South Bend Division issued the order granting Michael Dean Overstreet’s stay of execution Monday. Overstreet, who was sentenced to death in 2000 for killing Kelly Eckart, filed the motion in U.S. District Court, Northern District of Indiana, South Bend Division May 9. In the motion, Michael Dean Overstreet v….

Court: Search invalid, statements admissible

A defendant did not have the ability to consent to a police search of the car he was riding in because the driver’s consent to the search was invalid, ruled the Indiana Supreme Court Wednesday. The court also ruled the defendant’s recorded statements made in the back of a police cruiser were voluntary and admissible at his trial. In Sergio Campos v. State of Indiana, No. 45S03-0804-CR-199, Sergio Campos was the passenger in a car driven by Cesar Santiago-Armendariz, which was stopped…

Judges disagree on public intox conviction

The Indiana Court of Appeals reversed a woman's conviction of public intoxication, but the judge dissenting in the case believed the majority reweighed the credibility of the witnesses and their testimony to reach their decision.

7th Circuit orders new defense counsel

In an order handed down late Monday afternoon, the 7th Circuit Court of Appeals relieved a court-appointed defense counsel from representing his client and will appoint new counsel in a future order.

D.C. attorney argues voter I.D. case

One of the most vocal civil liberties advocates battling Indiana’s voter identification law won’t make his pitch to the Supreme Court of the United States this week.When the nation’s highest court hears the much-anticipated arguments Wednesday morning, Indiana Solicitor General Tom Fisher will argue for the state attorney general’s office. But Ken Falk, who heads the legal department of American Civil Liberties Union of Indiana, won’t face the justices, nor will Indianapolis attorney William Groth, who represents the plaintiff, the Indiana…

COA revises child molesting sentence

The Indiana Court of Appeals upheld a man's convictions of child molesting, but reduced his sentence because he can't be considered among the worst offenders to justify the maximum sentence.

Appellate court rules on GAL fees

A guardian ad litem must differentiate between attorney and non-legal work when billing in a paternity case, and trial courts must carefully consider guidelines set out in probate-focused Indiana Professional Conduct Rule 1.5 when deciding how to compensate for fees and expenses. The Indiana Court of Appeals ruled today in the case In Re: The […]

Adjudications don’t violate double jeopardy

The Indiana Court of Appeals affirmed that double jeopardy violations can be applicable to juveniles, but denied reversing a girl's adjudications because there were no violations in her case.

COA: Keep early-voting sites open

The Indiana Court of Appeals upheld a special judge's ruling to keep early-voting sites open in Lake County, holding that even if election law was violated in establishing the sites, public interest in having the sites would keep them open.

Court officials chosen for juvenile justice program

Indiana’s largest county has been chosen to join six other states in a series of leadership-development workshops to study juvenile justice reform nationally.On May 13, the non-profit Annie E. Casey Foundation selected Marion Superior Juvenile Magistrate Gary Chavers and Chief Juvenile Probation Officer Chris Ball to participate in the program because of their work recently on juvenile detention alternatives. For the past two years, the county has been Indiana’s only site participating in the Juvenile Detention Alternatives Initiatives (JDAI), which has…

Conference to address poverty, globalization

How the law and legal associations can lessen the impacts of poverty both at home and abroad will be the focus of a Law, Poverty and Economic Inequality Conference April 3 and 4 at Valparaiso University School of Law.Visiting professor Penelope Andrews organized the conference in response to the various ways globalization has affected poverty through job loss, diminishing labor rights, lower earnings, and an increase in private companies taking over the former responsibilities of governments. The event will consist of…

IU Law – Indy to host roundtable on economy

Indiana University School of Law – Indianapolis faculty members will discuss Thursday their analyses of the current economic issues facing the U.S. in a roundtable discussion, "The Economic Crisis and the Emergency Economic Stabilization Act of 2008."