Articles

Eighth Amendment complaint splits 7th Circuit

A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.

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COA upholds denial of IRA garnishment

The Elkhart Superior Court was within its discretion when it asserted a garnishment exemption on a debtor’s behalf because there are exceptions that allow a debtor to receive the benefit of an exemption without asserting it, the Indiana Court of Appeals decided Tuesday.

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Sheriff’s department not liable in death of former deputy’s wife

The Harrison County Sheriff’s Department cannot be held liable for the death of the wife of one of its former deputies who used her husband’s gun to kill herself. The Indiana Court of Appeals held Tuesday the deputy was acting as a husband, not a law enforcement official, during the incident.

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Fueled by protest, liberals push for blockade of Trump picks

Democrats are racing to respond to the wave of liberal outrage triggered by President Donald Trump, jumping into protests, organizing rallies and vowing to block more of the new president's nominees — including, possibly, his pick for the Supreme Court.

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COA affirms revocation of good time credit

A man whose disciplinary actions resulted in the loss of good time credit in a county community corrections program was not entitled to have that credit restored when his probation was revoked and he was ordered to serve the balance of his sentence, the Indiana Court of Appeals decided Monday.

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Divided COA reverses denial of proceedings supplemental

A divided Indiana Court of Appeals panel has reversed a trial court’s denial of a motion for proceedings supplemental in a civil case, writing that it was incumbent upon the county clerk, not the litigant, to ensure that a criminal court knew of a lien against criminal bond proceeds.

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7th Circuit strikes down portions of Indiana vaping law

A federal court has struck down portions of Indiana’s controversial vaping law, holding that the “astoundingly specific provisions” related to regulations of security, cleanliness and other physical requirements imposed on out-of-state manufacturers violates federal law and seems to imply a state attempt to create a monopoly for an Indiana security firm.

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State immigration lawyers say clients fearful amid Trump orders

As the nation witnessed chaotic scenes over the weekend of immigrants detained at major American airports, Indiana immigration lawyers said President Donald Trump’s executive orders tightening immigration enforcement and banning immigrants from seven nations are dividing families and sowing fear with their clients.

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Woman exonerated in murder loses appeal over fingerprint errors

The 7th Circuit Court of Appeals declined to allow a plaintiff to seek money damages against an Elkhart County detective who incorrectly identified latent fingerprints as those of a woman convicted of murder in 2002. The panel ruled that despite his training, the detective was still considered an expert on fingerprint identification.

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COA affirms drug convictions

The Indiana Court of Appeals has affirmed the convictions of a man convicted on a litany of drug-related charges after finding that the evidence was sufficient to support his convictions and that there were no constitutional violations or court errors that harmed his case.

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ILAS sees red ink flow into budget

Even coming off a holiday fundraiser that pulled in just over $150,000, the Indianapolis Legal Aid Society is expecting the 2016 expenditures will throw its budget in the red for the first time in decades.

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