Articles

SCOTUS rules on Indiana steel plant case

The Supreme Court of the United States has ruled on a case about a northern Indiana steel processing plant, overturning the
7th Circuit Court of Appeals and effectively limiting how a federal labor-relations board is able to conduct business regarding
employee and union rights.

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COA upholds stop of teen with gun

The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his
waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded
the juvenile court’s comments to the teen’s father don’t require a remand.

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Gaming agents have full police power

A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense
of resisting law enforcement, the Indiana Court of Appeals decided today.

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Tax court orders USUT refund

The Indiana Department of State Revenue erred in concluding that a natural gas-fired power plant in Terre Haute was subject
to the Utility Services Use Tax, ruled the Indiana Tax Court Wednesday.

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Supreme Court denies transfer to four

The Indiana Supreme Court denied transfer in four cases June 3. As of today’s Indiana Lawyer daily deadline,
the court had not yet posted transfers since those from the week ending June 4.

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COA refuses to rule defendants get blanket immunity

The Indiana Court of Appeals affirmed that an arrestee brought to the hospital by police who was forced to have a catheter
to obtain a urine sample can’t sue the health-care providers under the Medical Malpractice Act. The appellate judges
also ruled the health-care providers weren’t entitled to blanket immunity.

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Judges uphold sentence increase on appeal

The Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion
on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.

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Officer’s questions went beyond seat belt act

The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge"
in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.

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Justices differ on defining ‘youth program center’

Two Indiana Supreme Court justices objected to affirming a man’s drug sentence for possession within 1,000 feet of a
“youth program center” because the church that ran the programs wasn’t easily identifiable as regularly
running programs for kids.

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7th Circuit upholds denial of alien’s motion to dismiss

The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an
alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s
motion to dismiss because he failed to meet any of the law’s exhaustion requirements.

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Articles about pending cases raise concerns

At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.

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SCOTUS reverses 7th Circuit on sex offender registration

The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal
sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.

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COA: Breathalyzer certificate is not testimonial

For the first time since the Supreme Court of the United States’ 2009 ruling that found a defendant had a Sixth Amendment
right to confront the analysts who prepared lab certificates certifying the defendant had cocaine, the Indiana Court of Appeals
ruled that a trial court did not violate the defendant’s right to confrontation by allowing the inspection certificate
for a breathalyzer into evidence, even though the certifier of the equipment did not testify at trial.

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Justices rule on case about worker’s compensation, damages

Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered
guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining
punitive damage awards.

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