Courts
Lawsuit seeks impartial decision-maker in license plate dispute
June 19, 2013
Jennifer NelsonThe American Civil Liberties Union of Indiana has filed a lawsuit on behalf of the Indiana Youth Group challenging the authority
of the state’s Bureau of Motor Vehicles to issue an order of remand on its administrative law judge’s order to
restore the LGBT youth group’s specialty license plate.
MoreTax Court rejects company’s claim it was a passive investor
June 19, 2013
Jennifer NelsonA mobile telecommunications group was unable to convince the Indiana Tax Court Tuesday that it was entitled to summary judgment
on the issue of whether it should have received a refund for paid adjusted gross income tax.
MoreCourt upholds public intoxication conviction
June 19, 2013
Jennifer NelsonA man who refused to leave the side of a friend’s mother after she was hit while crossing the street in Indianapolis
had his conviction of Class B misdemeanor public intoxication upheld by the Indiana Court of Appeals Wednesday. The court
found sufficient evidence to sustain the conviction.
MoreMan’s claims that protective sweep, search are unconstitutional fail
June 19, 2013
Jennifer NelsonA protective sweep and subsequent search of a house following the issuance of a search warrant were reasonable under the federal
and state constitutions, the Indiana Court of Appeals ruled. The defendant argued that the scope of the sweep – which
led to the discovery of drugs and paraphernalia – was impermissibly broad.
MoreCOA reverses denial of petition to dismiss protective order
June 19, 2013
Jennifer NelsonA Jackson Superior Court erred in denying a couple’s request to dismiss a protective order the wife had taken out against
her husband, the Indiana Court of Appeals ruled, because the statute contains the word “shall” regarding the court’s
actions when one files for a dismissal of the protective order.
MoreIndy attorney gets 6 years for estate theft
June 19, 2013
IL StaffAn Indianapolis attorney who faced felony charges for stealing more than $270,000 from an estate he managed pleaded guilty
and was sentenced to six years, the Marion County Prosecutor’s Office announced Tuesday.
MoreSCOTUS ruling emboldens lawmakers to expand DNA collection
June 19, 2013
Dave StaffordThis time next year, Indiana may join the majority of states that collect DNA samples from people arrested on suspicion of
committing felonies, rather than only from those convicted. Lawmakers who’ve been stymied are encouraged by a Supreme
Court of the United States decision upholding the practice.
MoreSCOTUS: isolated, naturally occurring DNA segment can't be patented
June 19, 2013
Jennifer NelsonA naturally occurring DNA segment is not eligible for a patent simply because it has been isolated, the Supreme Court of the
United States ruled June 13. DNA that is not a product of nature may be patent eligible, however.
MoreIndiana applicants can use laptops to take bar exam
June 19, 2013
Marilyn OdendahlWhile the state Board of Law Examiners considers making substantive changes to the Indiana Bar Exam, technology has already
ushered in a change to how the test is taken. February 2012 applicants were the first allowed to use their laptops on the
first day of the exam. They could type their essays as opposed to handwriting their thoughts in the traditional blue book.
MoreNearly 200 law students pass the February 2013 Indiana Bar Exam
June 19, 2013
IL StaffThe Indiana Lawyer congratulates the individuals listed on passing the February 2013 bar exam.
MoreDisciplinary Actions - 6/19/13
June 19, 2013
IL StaffRead who's recently been suspended by the Indiana Supreme Court.
MoreAlthough Miranda rights were violated, physical evidence still admissible
June 18, 2013
Marilyn OdendahlAlthough a man’s incriminating statements made while sitting in a police car should have been suppressed, the Indiana
Court of Appeals ruled the error was harmless because the physical evidence seized was sufficient to sustain his convictions.
MoreDismissal of Navistar workers’ complaint upheld by 7th Circuit
June 18, 2013
Jennifer NelsonA group of unionized workers laid off by an Indianapolis engine plant who brought an action for breach of the collective-bargaining
agreement didn’t provide enough factual content in their complaint to allow it to proceed in court, the 7th Circuit
Court of Appeals ruled Tuesday.
MoreCourt can’t modify mortgage without both parties’ consent
June 18, 2013
Jennifer NelsonA trial court doesn’t have the authority to modify a mortgage agreement without the consent of both parties participating
in a settlement conference if they don’t agree to the terms of a foreclosure prevention agreement, the Indiana Court
of Appeals ruled.
MoreTrial court errs in granting motion regarding doctors’ contract dispute
June 18, 2013
Marilyn OdendahlThe Indiana Court of Appeals has found that a cardiologist’s breach of contract complaint may have been “unartfully
drafted,” but it still adequately stated a claim for tortious interference with a contract.
MoreFines will stand in legislative walkout case
June 18, 2013
Marilyn OdendahlThe Indiana Supreme Court has ruled the dispute over fines imposed on lawmakers resulting from Democratic walkouts during
the 2011 and 2012 legislative sessions is outside of the court’s authority to render a decision.
MoreLarge 'pay-to-delay' payments may become history after U.S. Supreme Court ruling
June 17, 2013
Marilyn OdendahlA decision handed down by the Supreme Court of the United States Monday could end the practice of pharmaceutical companies
paying competitors very large sums to keep their generics off the market.
MoreJustices take trust case after hearing arguments
June 17, 2013
IL StaffAfter hearing arguments June 6 in a dispute over the sale of a family farm, the Indiana Supreme Court has decided to take
the case.
MoreMonroe County attorney suspended following guilty plea
June 17, 2013
IL StaffAttorney Phillip Chamberlain, who pleaded guilty to Class D felony counterfeiting in October 2012, has been suspended from
the practice of law in Indiana.
MoreACLU of Indiana files class-action lawsuit against FSSA for changes to Medicaid waiver programs
June 17, 2013
Marilyn OdendahlThe ACLU of Indiana has slapped the Indiana Family and Social Services Administration with a class-action lawsuit over the
way the state agency operates two of its Medicaid waiver programs.
More7th Circuit: Deputy was within rights to restrain feuding neighbor from evidence
June 14, 2013
Dave StaffordWhen Tippecanoe Deputy Sheriff Jonathan Lendermon got between some long-feuding neighbors in 2009, one of them, Michael Findlay,
suggested that he might have trespassed. It became clear to Lendermon the acknowledgement might have been recorded on video
surveillance.
MoreJustices affirm conviction but remand for new sentencing order
June 14, 2013
Dave StaffordA man sentenced to 14 years in prison for his convictions on multiple felony gun and drug charges will still have to serve
the time, but the court must revise the sentencing order to explain why one conviction was ordered to be served consecutive
to the others.
MoreJustices schedule high-profile arguments
June 14, 2013
Dave StaffordJustices will waste little time getting to high-profile cases when they hear a new slate of oral arguments after Labor Day.
The Indiana Supreme Court has scheduled 20 arguments beginning Sept. 5 and continuing for the next few months.
MoreConour still free though judge ‘deeply, deeply concerned’
June 13, 2013
Dave StaffordFormer leading personal-injury attorney William Conour remained free Thursday pending his wire fraud trial after a federal
judge withheld ruling on the government’s bid to revoke his bond on claims that he dissipated assets against court orders.
MoreSCOTUS rules on Myriad BRCA1, BRCA2 patent case
June 13, 2013
Jennifer NelsonA naturally occurring DNA segment is not eligible for a patent simply because it has been isolated, the Supreme Court of the
United States ruled Thursday. DNA that is not a product of nature may be patent eligible, however.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.