Articles

Supreme Court allows legal malpractice claim to continue

A legal malpractice claim against a suspended northern Indiana attorney and his firm will continue after the Indiana Supreme Court found a genuine issue of material fact as to whether the plaintiff’s premises liability claim would have succeeded had the firm not failed to timely file her complaint.

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Signature waived right to jury trial, COA affirms

A Clay County defendant waived her Sixth Amendment right to a jury trial when she signed a form acknowledging the deadline to demand a jury, then missed that deadline, the Indiana Court of Appeals ruled in an opinion upholding the denial of the defendant’s untimely jury trial demand.

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COA: Gun admissible under inevitable discovery rule

A gun was admissible as evidence in a battery trial despite its location through an unwarranted search because it inevitably would have been discovered, despite any Fourth Amendment violation, the Indiana Court of Appeals has ruled.

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COA rejects missing witnesses argument in murder appeal

A man convicted in a Marion County drug-related murder has lost his appeal of his conviction after the Indiana Court of Appeals determined the trial judge was not required to admonish the jury about the absence of two witnesses without a request from the parties.

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JNC to interview 12 for COA seat

Each of the 12 applicants who applied to fill an upcoming vacancy on the Indiana Court of Appeals will interview with the Indiana Judicial Nominating Commission on April 30 and May 1. The applicants are vying to succeed retiring COA Judge Michael Barnes.

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Divided COA finds evidence of prior bad acts harmless

A majority of the Indiana Court of Appeals has upheld a Howard County man’s drug convictions and sentence, finding any error in the admission of evidence of prior bad acts was harmless. The dissent, however, provided a lengthy history of state and federal caselaw to highlight why she believed the error was prejudicial.

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7th Circuit nominees set for committee vote

The nominations of Michael Scudder, Jr., and Judge Amy St. Eve, the Illinois nominees for the 7th Circuit Court of Appeals, are scheduled for a vote by the U.S. Senate Committee on the Judiciary on Thursday. If approved by the committee, the pair will go on to the full Senate for a confirmation vote.

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Pryor to be officially sworn in as magistrate judge Friday

Doris L. Pryor, the newest magistrate judge in the U.S. District Court for the Southern District of Indiana, will be officially sworn in later this week.The court announced Pryor’s appointment as magistrate judge in November, filling a vacancy created by the Aug. 2, 2017 death of Magistrate Judge Denise K. LaRue after a battle with cancer.

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40 apply to fill 3 pending Marion County judge vacancies

Forty Indianapolis attorneys and judicial officers have submitted their names for consideration to fill three upcoming vacancies in the Marion County courts. The field will be narrowed to nine, from which Gov. Eric Holcomb will select new judges to succeed three retiring judges.

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7th Circuit upholds judgment for bank in insurance funds dispute

The 7th Circuit Court of Appeals has upheld judgment in favor of U.S. Bank in a complaint under the Real Estate Settlement Procedures Act after finding the plaintiff failed to show how the bank’s allegedly inadequate response to a letter inquiring about insurance funds contributed to her legal injuries.

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Indiana’s Brady, Hanlon tapped for federal judgeships

Two Valparaiso Law School graduates are included in the latest round of judicial nominations released Tuesday by the White House. Holly Brady of Fort Wayne and J.P. Hanlon of Indianapolis have been nominated for the federal bench in the northern and southern Indiana district courts, respectively.

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