New law’s impact cited as Indiana county seeks bigger jail
The sheriff of Indiana's fourth-most populous county is seeking a nearly $12 million jail expansion, citing a new state law that's funneling more inmates into county jails.
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Opinions July 6, 2016
Indiana Court of Appeals
James E. Rogers v. State of Indiana
49A02-1508-CR-1033
Criminal. Reverses the denial of Rogers’ motion to compel a woman who provided social services support to Rogers’ minor victim and her family to answer four questions during a deposition.
Unlicensed social worker must answer accused molester’s questions
The Indiana Court of Appeals ruled Wednesday that an unlicensed social worker who provided services to the victim of a man accused of molestation is not protected under the counselor/client privilege in I.C. 25-23.6-6.1. As a result, the woman must answer four questions her attorney previously advised her not to answer.
Law firm mergers on pace for potential record year
It’s shaping up to be another record year for law firm mergers and acquisitions.
Personalized medicine gets boost from court ruling on patents
The business of diagnostic treatments and personalized medicine got a boost Tuesday after an appeals court made it harder to invalidate certain patents by claiming they simply cover laws of nature.
Wells Fargo’s partial tax victory may spur billions in refunds
Wells Fargo & Co. got less than it wanted in a federal tax-refund lawsuit, yet the bank’s partial victory may spur billions of dollars in similar refund claims from companies that have done repeated mergers and acquisitions, tax lawyers say.
Opinions July 5, 2016
Indiana Supreme Court
State of Indiana, Acting on Behalf of the Indiana Family & Social Services Administration
49S00-1605-OR-294
Original action. Concludes that the state is entitled to a change of judge. Removes Marion Superior Judge David Dreyer and orders the trial court to grant the change of judge motion. Vacates all orders Dreyer issued in the case on or after May 6, 2016, the date the Supreme Court’s order was certified, and prohibits Dreyer from exercising further jurisdiction except to effectuate the change of judge.
Indiana Supreme Court takes dispute between ESPN and Notre Dame
The Indiana Supreme Court will decide whether the police records of University of Notre Dame Police Department are subject to the state’s Access to Public Records Act. The justices accepted transfer to the dispute between ESPN and Notre Dame last week.
Rockville inmates to be on ‘Women in Prison’ TV show
Female inmates at the Rockville Correctional Facility will be featured in a television documentary series premiering this week on the Investigation Discovery network.
Delays mount at State Department for Clinton records
Just five months before the presidential election, the State Department is under fire in courtrooms over its delays in turning over government files related to Hillary Clinton's tenure as secretary of state.
COA affirms excess damages award in med-mal case
Based on the evidence before it, a trial court correctly awarded a man $300,000 in excess damages from the Indiana Patient’s Compensation Fund after an Indianapolis hospital missed the signs he was having a stroke, the Indiana Court of Appeals held Tuesday.
Former day care worker to appeal child porn sentence
A 22-year-old Indiana man is appealing his conviction and prison sentence in a case alleging he took explicit photographs of a 4-year-old girl at a day care where he worked.
Lawyer loses appeals over Indy skyline photo
An Indianapolis lawyer who defendants call a copyright troll lost his appeals against three people who successfully defended against his suits over use of one of his photos.
Justices remove Dreyer from State v. IBM case
The Indiana Supreme Court on Tuesday removed the judge who has presided for six years over the litigation between the state and IBM over the failed $1.3 billion welfare-modernization contract.
FBI says it won’t recommend charges in Clinton email matter
The FBI won't recommend criminal charges against Hillary Clinton for her use of a private email server while secretary of state, agency Director James Comey said Tuesday, lifting a major legal threat to her presidential campaign.
Builder, trade groups sue Greenwood over new design standards
An Indianapolis-based home builder and two trade associations have filed a lawsuit against Greenwood, claiming the city has adopted architectural standards on new houses that will drive up prices so significantly that the costs would preclude home ownership for thousands of residents.
Opinions July 1, 2016
Indiana Court of Appeals
Richard J. McVey v. State of Indiana
73A04-1601-CR-12
Criminal. Affirms in part and reverses in part denial of McVey’s petitions to be removed from the lifetime sex-offender registry and to be exempted from the unlawful-entry statute. Finds the lifetime-registration requirement for sex offenders violates the Indiana Constitution’s prohibition against ex post facto laws as applied McVey, who was convicted of molesting his half-sister between 1998 and 2001. Holds the unlawful-entry statute, which makes it a crime for a person who is required to register as a sex offender and who is convicted of child molesting to enter school property, is not an ex post facto law as applied to him.
Robber’s use of debit card is forgery, COA affirms
The Indiana Court of Appeals rejected a defendant’s claim that he couldn’t be convicted of forgery under Indiana law because using his robbery victims’ ATM cards did not qualify as “uttering a written instrument.”
COA reverses lifetime sex offender registration, upholds ban from school property
The Indiana Court of Appeals agreed with a man challenging his lifetime registration as a sex offender that the law as applied to him violates the Indiana Constitution’s prohibition against ex post facto laws. But he lost a similar challenge to the unlawful-entry statute that prohibits him from entering school property.
Stricken Indiana abortion law ‘unprecedented,’ opponents say
Indiana’s strict anti-abortion legislation that Gov. Mike Pence signed this year was “unprecedented” in scope and in its rejection of long-established federal law, said opponents who succeeded in blocking the law from taking effect.