Articles

Habitual offender enhancement vacated for failure to inform

The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.

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COA: Jury trials unavailable for expungements 

A Jasper County man who argued the trial court erred in denying his request to expunge a school suspension from his record and in not holding a jury trial has lost both arguments on appeal, with an appellate panel specifically holding that expungement issues are not entitled to a jury trial.

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Disciplinary Actions

Read who has been found in contempt, reinstated, reprimanded and suspended in the most recent reporting period.

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Multi-jurisdictional estate planning requires research, collaboration

Every year like clockwork, when the leaves change and the temperature drops, thousands of Indiana residents flee the bitter Hoosier winter in favor of a warmer southern climate. Most often, these snowbirds find themselves wintering in Florida, and many decide to permanently relocate to the Sunshine State. While this decision to relocate is beneficial to […]

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2 convicted in killings of 3 during drug-related robbery

Two young men have been convicted in connection with the 2017 drug-related robbery and fatal shootings of three men in an Indianapolis apartment. The Marion County Prosecutor’s Office announced Monday that Troy Ward was convicted of c three counts of murder and three counts of felony murder, while Martell Williams was convicted of charges including three counts of felony murder, among other convictions for both.

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Indiana child welfare agency to spend $22M on raises

The Indiana Department of Child Services is spending $22 million on raises for staff as part of an effort to improve the agency that’s seen rising caseloads and internal battles. The raises will take effect Wednesday for more than 3,600 employees, or about 87 percent of the agency’s staff.

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Firms cite 1851 law in Missouri boat accident, seek mediation

Two companies facing multiple lawsuits over a summer tourist boat accident in Missouri that killed 17 people have invoked an 1851 law that allows vessel owners to try to avoid or limit legal damages as they also seek settlement negotiations with victims’ family members. But Tia Coleman, an Indianapolis woman who survived the accident, and lawyers for others whose family members died denounced the filing as callous and insulting.

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Judges, lawyers bemoan political nature of Kavanaugh hearings

Ask any constitutional scholar whether the process of confirming Justice Brett Kavanaugh to the Supreme Court played out as was constitutionally intended, and the answer will likely be “no.” Federal judges and practicing lawyers agree: regardless of your politics, the animosity that exploded in the Senate over the last month was not what the Framers had in mind.

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Diversity, mental health CLEs divide ISBA House of Delegates

The 2018 Indiana State Bar Association annual meeting began last week with an intense debate in the House of Delegates over a proposal designed to make a statement about the bar’s position on hot-button topics: should attorneys be required to attend CLE programs about diversity and mental health issues?

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7th Circuit upholds judgment for Pearson on sex discrimination claim

A former employee of Pearson Education, Inc. has lost her sex discrimination appeal against the educational products supplier after the 7th Circuit Court of Appeals found the woman failed to show she was similarly situated to three male employees she claimed were treated better than her.

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