Articles

7th Circuit: Judge should have disqualified herself in sentence challenge

The 7th Circuit Court of Appeals ruled Wednesday that a federal judge in Indianapolis should have excused herself from hearing a man’s petition regarding his sentence because she was the one who sentenced him while she was a judge in state court. In doing so, the federal appellate court overturned two lines of decisions.

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COA: Woman, not bank, entitled to foreclosure surplus funds

A trial court misapplied the law regarding disbursement of surplus sale proceedings from a sheriff’s sale when it ordered the full surplus to the bank that owned the first mortgage on the home, the Indiana Court of Appeals held. The law requires the surplus to go to the mortgage debtor.

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DCS agrees more caseworkers needed, argues against suit

Indiana’s Legislature and governor have failed to provide resources to ensure sufficient case managers to protect children and families, a lawyer representing the Department of Child Services told the Indiana Court of Appeals Wednesday. But she argued a caseworker’s lawsuit against the agency was the wrong way to enforce state law requiring those workers have no more than 17 cases each.

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On rehearing, judges find investigator’s photos admissible

The Indiana Court of Appeals granted rehearing to a case involving a lawsuit brought by a man injured by a sheriff deputy’s vehicle while he walked along the side of the road. The divided court held certain evidence, including an investigator’s affidavit and photos, are admissible at trial.

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Indiana Supreme Court disbars Tim Durham

The Indiana Supreme Court disbarred Indianapolis attorney Tim Durham Wednesday because of his “fraudulent looting of funds entrusted to him by investors.” Durham is currently serving a 50-year sentence for 10 counts of wire and securities fraud.

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Ex-wrestlers sue WWE over head injuries

More than 50 former professional wrestlers sued World Wrestling Entertainment Inc., saying the company is responsible for repeated head trauma including concussions they suffered in the ring that led to long-term neurological damage.

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State revenue department bound by 1998 ruling

The Indiana Department of State Revenue should have granted a medical equipment company’s request for a sales tax refund, the Indiana Tax Court ruled, finding the department is bound by its published ruling interpreting the exemption at issue.

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3rd officer acquitted in black man’s police custody death

A judge further hollowed out the case against six Baltimore police officers charged in the death of a young black man, delivering a third consecutive acquittal and ruling once again that prosecutors failed to prove officers intentionally hurt Freddie Gray.

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What’s in a name? Litigation, if it’s Square Donuts

A federal judge last week kept alive a lawsuit filed by a northern Indiana maker and seller of Square Donuts against Square Donuts Inc., the Terre Haute-based company that sells its trademarked treats mostly across the four corners of southern Indiana.

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