Articles

Ex-prosecutor who withheld recanted testimony suspended

The Indiana Supreme Court suspended a former Porter County deputy prosecutor from the practice of law for 18 months for withholding from the defense evidence that an alleged victim said he had been coached to lie and had recanted allegations of child molestation.

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Judge rejects bid to slash jury’s $15M med-mal award

A jury’s verdict awarding $15 million to a woman and her husband after her cancer was not detected on a CT scan will stand, a federal judge ruled, rejecting defense appeals that included Indiana’s cap on medical malpractice damages.

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Disbarred attorney loses mail fraud conviction appeal

A disbarred Indiana attorney who was convicted of mail fraud and sentenced to two years in federal prison after stealing more than $330,000 from a grocery store receivership has lost his appeal of both his conviction and sentence.

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COA reverses, rules for PI attorney in subrogation dispute

The Indiana Court of Appeals reversed a trial court judgment, ordering summary judgment for a Lawrenceburg attorney facing a breach lawsuit related to his representation of a personal injury client. The appellate court ruled the insurer suing him did not timely file its subrogation claim.

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Judges: N.C. congressional districts still partisan biased

Federal judges on Monday affirmed their earlier decision striking North Carolina’s congressional districts as unconstitutional because Republicans drew them with excessive partisanship. The Tarheel State is one of several in which lawsuits are challenging partisan gerrymandering.

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Lawyer: State not enforcing Lake Michigan public access opinion

An attorney who is part of the legal team that won an Indiana Supreme Court decision preserving public access to the shores of Lake Michigan says state agencies are refusing to enforce the court’s order while private property owners on the lakefront seek a possible appeal to the U.S. Supreme Court.

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IndyCar awarded $3.9M for scrubbed Boston races

A race organizer’s failure to bring promised IndyCar Boston Grand Prix Labor Day weekend races to the finish line has resulted in an award of nearly $4 million in damages to the Indianapolis-based open-wheel racing series, but it’s unclear how much IndyCar may be able to recoup from bankrupt promoters.

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COA reverses regular commitment for lack of evidence

The Indiana Court of Appeals reversed and remanded a trial court’s decision to order a mentally ill woman to regular commitment at Indiana University Health Bloomington Hospital, finding there was not clear and convincing evidence to prove commitment was necessary.

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Smartphone privacy first impression case splits COA

Law enforcement cannot force a Hamilton County woman to unlock her smartphone as part of criminal investigation because doing so would violate Fifth Amendment rights against self-incrimination, a divided panel of the Indiana Court of Appeals held on an issue of first impression that combined constitutional law with technological advancements.

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Hill enduring backlash in voting lawsuits

Even as the office of embattled Indiana Attorney General Curtis Hill is pleading for more time to challenge a ruling that found changes to the state's voter registration statute violated federal law, it's taking another election dispute to the 7th Circuit Court of Appeals.

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COA affirms denial of shooter’s request to proceed pro se

The Court of Appeals affirmed Monday the decision not to let a Vanderburgh County man who shot up an Evansville rescue mission to proceed pro se, finding his history of mental illness justified the trial court's requirement that he proceed with counsel. 

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Affirming juvenile DOC placement, COA seeks effective counsel guidance

A 15-year-old who had multiple instances of violent rage and who could no longer be controlled by his parents was properly placed in the Department of Correction, an Indiana Court of Appeals panel found. But judges also used the case to ask the Indiana Supreme Court for guidance on measuring the effectiveness of counsel in similar juvenile cases.

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