JenniferMehalik

Recent Articles

Court upholds sentence-reduction denial

February 12, 2009
Even though a defendant may be eligible for a sentence reduction under new crack cocaine sentencing guidelines, it is up to the District Court's discretion to grant a reduced sentence, the 7th Circuit Court of Appeals ruled today.
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Order that law firm pay attorney fees reversed

February 12, 2009
The Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial court granted the award.
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Judges disagree on if remand is necessary

February 11, 2009
The Indiana Court of Appeals reversed and remanded a trial court's grant of an ex-wife's petition for additional relief for funds, finding the trial court didn't hear evidence on certain "critical" factors. The judges on appeal didn't agree as to whether the case should be remanded.
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Court: ALJ's ruling had several errors

February 11, 2009
Finding an administrative law judge's decision to deny a woman's claim for disability benefits contained several significant errors, the 7th Circuit Court of Appeals vacated the District Court's affirmation of the denial and remanded the case to the Social Security Administration.
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Court rules on upward sentence revision

February 10, 2009
The Indiana Supreme Court held today that appellate courts have the authority to increase a sentence on appeal, but the state can't initiate or cross-appeal review of the sentence and can't ask for a greater sentence if the defendant doesn't initiate an appeal.
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Judge allows class action in hail damage suit

February 9, 2009
A U.S. District judge is allowing certain State Farm insurance policy holders to proceed in a class action suit against the company as a result of how the insurer handled roof claims following a 2006 hail storm in central Indiana.
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Auction to benefit domestic-violence victims

February 5, 2009
The Indiana University School of Law - Indianapolis' Women's Caucus is hosting its annual auction Feb. 12 to raise funds for the Protective Order Pro Bono Project. Proceeds from the auction will go to the project, which provides free legal advice for low-income victims of domestic abuse.
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COA: Statements not made in illegal detention

February 5, 2009
The Indiana Court of Appeals affirmed the denial of a defendant's motion to suppress statements given to authorities while detained, finding he was legally detained because police already had probable cause to arrest him.
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COA: No credit for pretrial home detention

January 14, 2009
The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.
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High court to hear insurance, dissolution cases

January 7, 2009
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Recent Blog Posts

McKinney 3L raises funds so man can keep guide dog

December 19, 2013
Thanks to an Indiana law student’s study break, a New York City-area man will be able to keep his longtime companion and guide dog.
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Americans think 'justice is for sale'

October 29, 2013
Money talks, the saying goes, and many Americans think it’s telling judges how to rule on cases, according to results of a poll released Thursday.
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IU Maurer team takes second in SCOTUSblog competition

July 2, 2013
Once the final cases for this term were decided by the Supreme Court of the United States, a team of recent Indiana University Maurer School of Law grads learned they came in second in a national competition predicting how the justices would rule.
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Class of 2011 faced 'brutal' entry-level job market

June 8, 2012
NALP has released its employment profile for law school graduates from 2011 and the numbers aren’t great. In fact, they are some of the worse NALP – The Association for Legal Career Professionals – has seen in years.
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Survey says: 40 percent of law firms don’t have succession plans

June 7, 2012
A recent survey shows that four in 10 law firms lack succession plans and nearly half of those asked who don’t have plans in place don’t plan on creating one.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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