Articles

Same-sex marriage extended nationwide

In 2014, same-sex marriage was legalized in Indiana after a federal judge found the state’s gay marriage ban unconstitutional, the 7th Circuit Court of Appeals affirmed and the Supreme Court of the United States declined to take the appeal involving the Indiana ruling. Then on June 26, in a 5-4 decision, SCOTUS held that couples […]

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Hoosier inhospitality

Indiana made national headlines again when Gov. Mike Pence joined several other governors in announcing their states would not accept refugees from Syria in light of the terrorist attacks in Paris on Nov. 13. The American Civil Liberties Union of Indiana filed the federal lawsuit Nov. 23 on behalf of Indianapolis-based nonprofit Exodus Refugee Immigration, […]

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The hoopla over RFRA dominates Statehouse

The passage of Indiana’s Religious Freedom Restoration Act caused businesses to speak out against the legislation and some even canceled travel to the state until an amendment was added clarifying the bill. As passed, Senate Bill 101 would prohibit any state laws that “substantially burden” a person’s ability to follow his or her religious beliefs. […]

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E-filing kicks off in Hamilton County

Lawyers will have to file electronically in all Indiana state courts by the end of 2018, according to a plan overseen by Supreme Court Justice Steven David and Court of Appeals Judge Paul Mathias. Hamilton County got the ball rolling July 29 with the Indiana Supreme Court and Court of Appeals following in November. The […]

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Opinions Dec. 28, 2015

Indiana Court of Appeals
Douglas L. Krasnoff v. The Education Resources Institute
49A04-1501-CC-3
Civil collection. On rehearing, reaffirms original opinion that affirmed judgment the trial court in favor of The Education Resources Institute. Clarifies Krasnoff’s liability may be repaid to TERI Loan Holdings as the post-bankruptcy successor in interest and that any additional claims seeking a second judgment on a promissory note would be barred by the doctrine of res judicata.  

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COA on rehearing clarifies where to send payment

The Indiana Court of Appeals Monday rejected arguments that its prior decision regarding a student-loan debt owed to a bankrupt note-holder caused confusion as to who was owed and left the debtor open to the possibility of multiple judgments.

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Tippecanoe program aims to break cycle of incarceration

To stem the cycle of release and reincarceration and prevent people from committing new crimes when they leave jail, Tippecanoe County Jail is expanding mental health services and launching a program designed to help inmates develop healthy support networks in the community.

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6 counties next in line for trial court e-filing

Six Indiana counties — Clark, Harrison, Henry, St. Joseph, Shelby and Wells — will be joining Hamilton County in implementing e-filing in the trial courts during the first half of 2016, with more to come later.

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Justices take intoxicated motorist case that divided COA

The Indiana Supreme Court will decide whether any answer short of an “unqualified, unequivocal assent” to a chemical test constitutes a refusal resulting in a driver’s license suspension, as the Indiana Court of Appeals concluded in September.

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Merry Christmas!

Indiana Lawyer will not be published Friday, Dec. 25 in observance of the Christmas holiday. Have a merry and safe holiday!

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Planned Parenthood shooting case stalls for mental exam

The case against the man who acknowledges killing three people in an attack on a Colorado Planned Parenthood clinic moves into a new phase while he awaits a mental competency evaluation, ordered after he defiantly told a judge he wanted to fire his public defender and represent himself.

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Rolling Stone urges court to throw out UVa grads’ lawsuit

Rolling Stone magazine is urging a judge to throw out a lawsuit filed by three former fraternity members at the University of Virginia who claim they suffered humiliation and emotional distress because of the magazine's debunked article about a campus gang rape.

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Pence may argue charity can’t represent Syrian refugees

Indiana Gov. Mike Pence may argue the Indianapolis charity that sued him for attempting to suspend its federal government-approved resettlement of Syrian refugees has “a lack of any valid right of action or standing to assert the rights of refugees,” court filings show.

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