neglect - The Indiana Lawyer

Opinions Nov. 5, 2015

November 5, 2015

Indiana Supreme Court
Latoya Lee v. State of Indiana
49S02-1511-CR-638
Criminal. Reverses Lee’s conviction of attempted aggravated battery as a lesser included offense of a murder charge dismissed by the court and remands with instructions to enter a judgment of acquittal. Charging murder, or conspiracy to commit murder, by shooting does not, without more, give fair notice of lesser included charges based on a beating. It was fundamental error to convict her based on a critical operative fact the state never pleaded and in fact disclaimed at trial.

COA: Jury properly rejected defendant’s insanity defense

November 5, 2015

Because there was evidence that a defendant’s mental state at the time he stabbed his estranged wife was due to voluntary intoxication, the jury properly rejected his insanity defense, the Indiana Court of Appeals held Thursday.

COA upholds attempted stalking conviction

November 5, 2015

A man who claims he is the only person in Indiana ever charged with or convicted of attempted stalking failed to convince the Indiana Court of Appeals that his conviction should be overturned.

Justices acquit mother involved in fistfight turned fatal

November 5, 2015

The Indiana Supreme Court acquitted the woman involved in a planned beatdown that resulted in one man dying and she, her son and another man being convicted of attempted aggravated battery. The justices previously this year ordered the other two perpetrators’ convictions reversed and said the “basic principle of justice” requires the same result in the woman’s case.

House passes defense bill that still hampers closing Gitmo

November 5, 2015

The House of Representatives on Thursday overwhelmingly passed a revised $607 billion defense policy bill that restricts President Barack Obama's efforts to close the military prison at Guantanamo Bay, Cuba.

Panel: Indiana’s economy to grow at slightly faster rate

November 5, 2015

Indiana's economy will grow at a slightly faster rate next year and into 2017 even as the state faces challenges from weakening international markets, Indiana University economists said Thursday in their annual forecast.

Indiana Chamber to push for expanded civil rights law

November 5, 2015

The Indiana Chamber of Commerce announced Thursday that its board of directors has voted "overwhelmingly" to support expanding the state’s civil rights law to include protection for sexual orientation and gender identity.

Can an on-demand lawyer startup transform the legal business?

November 5, 2015

John Suh is convinced that he can put lawyers back to work. In the past decade, the number of working lawyers has fallen by more than 50,000. Solo practitioners, the mom-and-pop shops of jurisprudence, have been in a death spiral for even longer.

Evansville asks US Supreme Court to review SWAT raid ruling

November 5, 2015

The city of Evansville has asked the Supreme Court of the United States to review a federal appeals court's ruling in a lawsuit filed over a SWAT raid.

February trial for ex-Lake Station mayor, wife, stepdaughter

November 4, 2015

A federal judge has postponed the public corruption trial of Lake Station's former mayor, his wife and stepdaughter.

East Chicago councilman charged with murder is re-elected

November 4, 2015

An East Chicago councilman charged with murder has been re-elected.

Opinions Nov. 4, 2015

November 4, 2015

Indiana Court of Appeals
Mario Allen v. Wendy Knight, Superintendent of Correctional Industrial Facility (mem. dec.)
48A02-1505-MI-416
Miscellaneous. Affirms trial court decision to transfer Allen’s petition for writ of habeas corpus filed in the county of his incarceration to the county where he was tried and sentenced.

States file additional challenge to EPA emissions power plant rule

November 4, 2015

The 23 states that are challenging a U.S. Environmental Protection Agency’s rule requiring existing power plants to reduce carbon dioxide admissions filed an additional legal challenge Tuesday challenging a similar rule related to new power plants.

IU, Purdue file amicus in university admissions case

November 4, 2015

Indiana University and Purdue University have joined with six public universities in filing an amicus brief in support of the University of Texas and its diversity-related admissions policies, which are being considered by the Supreme Court of the United States in Fisher v. University of Texas.

Senate blocks legislation to undercut EPA clean water rules

November 4, 2015

Democrats have blocked a Senate bill that would have forced the Obama administration to withdraw new federal rules to protect smaller streams, tributaries and wetlands from development and pollution.

Redskins: US has registered plenty of ‘offensive’ trademarks

November 4, 2015

As the Washington Redskins defend their federal trademark registration, they argue in court papers that the government has registered plenty of companies with offensive names.

Attorney wins by wide margin to be next Indianapolis mayor

November 4, 2015

Democrat Joe Hogsett was elected to become the 49th mayor of Indianapolis, cruising to an easy victory on a Tuesday election night that overwhelmingly favored incumbent mayors in other big cities across Indiana.

IndyBar: IBF Fellows Give Back at Gleaners

November 3, 2015

Gleaners Food Bank of Indiana works to feed the hungry across the state, and on Oct. 21, Indianapolis Bar Foundation Distinguished Fellows pitched in to help them do just that during the Fellows service event.

IndyBar: Getting to Know Your Judicial Officers

November 3, 2015

This is the sixth installment in the Solo/Small Firm Practice Section’s “Getting to Know Your Judicial Officers” series.

IndyBar: Committee Positions Available for 2016

November 3, 2015

Would you like to network with your legal community and have fun through the practice of law? Volunteer to serve on an Indianapolis Bar Association committee. Appointments are now being made to the 2016 committees.

Articles