Elkhart County attorney recognized with bar foundation honor
Goshen attorney and former Indiana legislator John Ulmer has been selected for the 2016 Legendary Lawyer Award by the Fellows of the Indiana Bar Foundation.
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Articles
Majority: Trooper’s questioning violated Seatbelt Enforcement Act
A state trooper’s recollection of a woman’s name on a national drug registry does not provide an independent basis of reasonable suspicion justifying him to investigate more than a seat belt violation that initiated the traffic stop, the Indiana Court of Appeals held in a 2-1 decision. As such, the judges reversed the woman’s motion to suppress evidence that led to a drug charge.
Taft to hold fundraiser for injured IP attorney
Taft Stettinius & Hollister LLP has organized a cocktail party and silent auction to raise money for Derek Lavender, an intellectual property attorney with the firm who was recently paralyzed as a result of a motorcycle accident.
Father must still pay part of son’s college expenses, COA holds
The Indiana Court of Appeals agreed that a teenager has not repudiated his relationship with this estranged father and affirmed the trial court’s ruling that the boy, his mother, and his father must each pay a third of his college expenses.
Lawyers logging more pro bono hours, survey finds
Lawyers are making more time for pro bono work, according to a recent survey of lawyers by Robert Half Legal. Despite busy schedules and increasing caseloads, 30 percent reported donating more than 80 pro bono hours each year.
7th Circuit sets arguments in Exodus vs. Pence Syrian refugee case
Indiana Gov. Mike Pence’s appeal of a ruling blocking his bid to suspend resettlement of Syrian war refugees in the state will be heard by the 7th Circuit Court of Appeals less than two months before voters decide if he will be the nation’s next vice president.
7th Circuit remands disability benefits denial
The 7th Circuit Court of Appeals found an administrative law judge had improperly cherry picked a man’s medical record and reversed the denial of his disability benefits.
Deputy prosecutor fired after not sharing victim’s falsehood
A northwestern Indiana prosecutor has been fired after not revealing one of two purported victims made up at least part of the accusations against a molesting suspect acquitted after being held without bond for three years.
COA hears arguments in $25M wrongful death verdict
In a wrongful death case argued before the Indiana Court of Appeals Tuesday, the panel considered the questions of when are damages too high and when should an appellate court set aside a jury’s verdict?
COA hears arguments in $25 million wrongful death verdict
In a wrongful death case argued before the Indiana Court of Appeals Tuesday, the panel considered the questions of when are damages too high and when should an appellate court set aside a jury’s verdict?
Opinions July 26, 2016
7th Circuit Court of Appeals
Mikeal G. Cole Jr. v. Carolyn W. Colvin, acting commissioner of Social Security
15-3883
Appeal from U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Robert L. Miller Jr.
Civil. Reverses denial of Cole’s application for disability benefits and remands to the Social Security Administration for reconsideration. The administrative law judge’s decision was unreasoned and should not have been affirmed, as it appears she cherry picked the medical record, which is improper.
COA reduces rapist’s sentence by 10 years
Although an offender was successful in asserting the trial court erred in merging his sentences and applying an enhancement, he failed to respond to the state’s arguments for remedy which provided just a 10-year reduction to his 90-year aggregate sentence.
COA: Needles near bottle cap support drug conviction
A defendant was unable to convince the Indiana Court of Appeals that the evidence was insufficient to conclude that he intended to use the two syringe needles found in his clothes to inject heroin.
Man loses appeal over search that led to cocaine charges
A man on trial for Class A felony counts of dealing cocaine and conspiracy to deal cocaine lost his appeal Tuesday seeking to suppress evidence found in a search of his car.
Howard County prosecutor opposes proposed syringe exchange
A central Indiana county prosecutor says he opposes a proposed syringe exchange program, saying it is no way to solve the drug problem.
Justices rule State Farm UIM policy ambiguous
A State Farm auto insurance policy’s language regarding uninsured motorist coverage is ambiguous, the Indiana Supreme Court ruled Tuesday, affirming a Lake Superior trial court’s denial of the insurer’s motion for summary judgment in a personal injury case.
Prosecutor to seek death penalty in Indy ‘Purge’ killings
Marion County Prosecutor Terry Curry said Tuesday he will seek the death penalty in the case of a 19-year-old Indianapolis man charged with fatally shooting three people over four days in May.
Court rules detention of youth who reported drug justified
A probation officer who arrested and detained a middle school student for violating court policy has quasi-judicial immunity against charges of negligence and constitutional violations.
Anti-abortion duo behind Planned Parenthood videos cleared
A Texas judge on Tuesday dismissed the last remaining charge against two California anti-abortion activists who made undercover videos of themselves trying to buy fetal tissue from Planned Parenthood.
Boyfriend gets 55 years for killing woman as kids watched
A judge has sentenced a northern Indiana man to 55 years in prison for fatally shooting his girlfriend as her three children watched.