The Fourth Amendment requires government officials to act reasonably, not perfectly.
- September 1st, 2015
- Devon Sharpe
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(Justia) – Following a suspicious vehicle, Sergeant Darisse noticed that only one of the brake lights was working and pulled the driver over. While issuing a warning ticket for the broken light, Darisse became suspicious of the actions of the…
7th Circuit affirms judgment for school in bullying case
- August 27th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – A federal lawsuit brought against northwestern Indiana school corporations over a child’s alleged bullying was properly decided in favor of the schools on summary judgment, the 7th Circuit Court of Appeals ruled Tuesday. The decision affirmed…
Court: Second Amendment also covers those in US illegally
- August 27th, 2015
- Devon Sharpe
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(MSN News) – People living in the United States illegally have a constitutional right to bear arms but are still barred from doing so by a separate law, a federal appeals court ruled. The three-judge panel of the U.S. 7th…
COA splits over railroad benefits in divorce case
- August 25th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – A trial court erred in ordering a man’s future railroad retirement benefits subject to a division of marital assets in a divorce case, a divided panel of the Indiana Court of Appeals ruled Monday. The panel…
Fogle attorney: Jared taking responsibility for ‘deplorable behavior’
- August 25th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – The attorney for Jared Fogle said the former Subway pitchman was accepting responsibility for “his deplorable behavior” as he agreed Wednesday in federal court to plead guilty to paying for sex acts with minors and receiving child…
Unpaid student loan splits 7th Circuit
- August 25th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – A 7th Circuit Court of Appeals panel has split with each judge writing a separate opinion about a lawsuit brought by a student who defaulted on her school loans and then sued when the lending agency tacked…
7th Circuit won’t reinstate Lauren Spierer family’s lawsuit
- August 15th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – A civil lawsuit filed by the parents of missing Indiana University student Lauren Spierer was properly decided in favor of defendants who were among the last people to see her, the 7th Circuit Court of Appeals…
Friedlander reflects on half-century in law as retirement nears
- August 13th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – Judge Ezra “Zeke” Friedlander has participated in excess of 6,000 Indiana Court of Appeals opinions and written more than 2,000. There’s no question which was most talked about on national television and dominated media from coast…
Long wait for cold beer decision not unusual
- August 6th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – Waiting nearly eight months for a cold beer would likely send thirsty Hoosiers across state lines for refreshment. But waiting this long for the 7th Circuit Court of Appeals to decide whether Indiana’s alcohol laws are…
Tinder departs 7th Circuit
- August 4th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – John Tinder has a prestigious lifetime appointment on one of the nation’s most influential federal courts. He serves alongside judges on the 7th Circuit Court of Appeals in Chicago who he says have had an outsized…
Money vital for criminal code reform programs and services
- July 30th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – In a rural county ravaged by prescription pain pill addiction, the local sheriff has a vision for rehabilitation. Scott County Sheriff Dan McClain would like to have a detox center, an inpatient/outpatient drug treatment facility and…
COA clears way for broader use of Postnuptial agreements
- July 30th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – A February decision by the Indiana Court of Appeals makes postnuptial agreements a more attractive option for married couples who, considering divorce, decide instead to reconcile. Premarital agreements have been recognized in Indiana for decades as…
Altice selected to succeed Friedlander on Court of Appeals
- July 20th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – Marion Superior Judge Robert R. Altice Jr. was named to the Indiana Court of Appeals Friday by Gov. Mike Pence. Making his first appellate court appointment at a news conference, Pence read from numerous letters of…
Who gets the notes? The ABA sides with firms
- July 8th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – Clients may come and clients may go, but until now it hasn’t been entirely clear who gets the documents, as well as the notes and drafts, when a client decides to change attorneys. To resolve the…
Notebook found in car falls under Fourth Amendment exception
- July 8th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – A notebook taken from a vehicle during an investigation of an identity-theft scheme was admissible at trial even though police did not have a search warrant, the 7th Circuit Court of Appeals has ruled. Willie J….
Check out these new Indiana laws taking effect July 1
- July 1st, 2015
- Devon Sharpe
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(FOX59) – INDIANAPOLIS, Ind. (June 30, 2015) – There are some important changes to laws in Indiana taking effect on July 1. Many of the changes impact drivers under the age of 21. In an attempt to keep Hoosier driver’s…
In case of conflicting evidence, high court defers to jury verdict
- June 29th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – A Pike County man challenging the jury’s finding that he was not insane or mentally ill did not meet what the Indiana Supreme Court acknowledged was a “heavy burden” to overturn the guilty verdict. Andrew Satterfield…
Woman’s comments to police considered political speech, COA rules
- June 27th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – The Indiana Court of Appeals overturned a woman’s misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature….
Gay marriage legalized nationwide by U.S. Supreme Court
- June 26th, 2015
- Devon Sharpe
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(Indianapolis Business Journal) – Same-sex couples have a constitutional right to marry nationwide, the U.S. Supreme Court said Friday in a historic ruling that caps the biggest civil rights transformation in a half century. Voting 5-4, the justices said states…
Supreme Court upholds nationwide health care law subsidies
- June 25th, 2015
- Devon Sharpe
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(Indianapolis Business Journal) – The Supreme Court on Thursday upheld the nationwide tax subsidies underpinning President Barack Obama’s health care overhaul, rejecting a major challenge to the landmark law in a ruling that preserves health insurance for millions of Americans….
Hotel-record inspection law tossed out by U.S. Supreme Court
- June 22nd, 2015
- Devon Sharpe
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Indianapolis Business Journal – A divided U.S. Supreme Court threw out a Los Angeles ordinance that lets police inspect hotel registries without first getting a judge’s permission. The ruling raises questions about hundreds of similar laws around the country. Laws…
2 judges, public defender selected as COA judge finalists
- June 12th, 2015
- Devon Sharpe
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(The Indiana Lawyer) – Two trial court judges with a breadth of experience hearing criminal and civil matters and a public defender who’s tried hundreds of appeals are finalists to be the next Indiana Court of Appeals judge. Marion Superior…
Eight applicants seek vacancy on Indiana Court of Appeals
- June 12th, 2015
- Devon Sharpe
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(Indianapolis Business Journal) – The Indiana Judicial Nominating Commission has received eight applications for a future vacancy on the Indiana Court of Appeals. Appellate Judge Ezra Friedlander plans to retire on Aug. 31. Applicants seeking to take his seat include…
SCOTUS backs presidential power to recognize foreign sovereign in ‘Jerusalem, Israel’ passport case
- June 12th, 2015
- Devon Sharpe
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(ABA Journal) The president has the exclusive power to grant formal recognition to a foreign sovereign, and that extends to the power to control the nation listed as the birthplace on passports, the U.S. Supreme Court has ruled. The 6-3…
New Law Targets Slow Pokes
- June 11th, 2015
- Devon Sharpe
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INDIANAPOLIS — (WFYI) Motorists observing the speed limit in the left lanes of certain multi-lane road soon will be required to move over to allow faster vehicles to pass them or risk a $500 fine under a new Indiana law….