Courts

NCAA asks US Supreme Court to hear O’Bannon case

May 16, 2016
 Associated Press
The NCAA is asking the U.S. Supreme Court to hear the so-called O’Bannon case that successfully challenged the association's use of names, images and likenesses of college athletes without compensation.
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Illinois turf company disputes Westfield's lawsuit

May 13, 2016
Lindsey Erdody, IBJ Staff
The out-of-state turf company that Westfield is suing for unsatisfactory work at Grand Park Sports Campus is disputing the lawsuit, arguing the city wrongfully terminated its contract.
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COA: Lack of release advisement was harmless error

May 13, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court’s failure to advise a man of his possible release dates was harmless error and affirmed his sentence for two felonies.
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Southern District proposes mandatory pro bono

May 13, 2016
Dave Stafford
A proposed rule change would for the first time obligate lawyers to provide mandatory pro bono service to litigants in civil cases filed in the U.S. District Court for the Southern District of Indiana, the court announced Friday.
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Indiana man charged with threatening Trump on YouTube

May 13, 2016
 Associated Press
A southern Indiana man has been charged with making threats against Republican presidential candidate Donald Trump and members of his family in a YouTube video.
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7th Circuit: Officer not entitled to qualified immunity

May 12, 2016
The 7th Circuit Court of Appeals affirmed a police officer who released a dog during an arrest to find a suspect is not entitled to qualified immunity.
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Chicago man sues over fatal plunge at destroyed Indiana span

May 12, 2016
 Associated Press
A Chicago man whose wife died when he drove off a road leading to a demolished northwestern Indiana bridge claims in a lawsuit that not enough was done to block the roadway.
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Indiana sues to keep silver bars, coins seized from property

May 12, 2016
 Associated Press
The state of Indiana is suing to retain ownership of 458 silver bars valued at $220,000 that were seized from a northern Delaware County property last November.
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Judge sides with House Republicans against health care law

May 12, 2016
 Associated Press
In a setback to President Barack Obama's health care law, a federal judge ruled Thursday that the administration is unconstitutionally spending federal money to fund the measure without approval from Congress.
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Judges say order for DCS interviews with children should not have happened

May 12, 2016
Scott Roberts
The Indiana Department of Child Services for Crawford County should not have been granted the opportunity to interview two children, the Indiana Court of Appeals ruled, because the order doing so violates their mother’s right to raise her family without undue interference by the state.
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Recorded conversation, conviction are admissible evidence, COA holds

May 12, 2016
Scott Roberts
An audiotape of phone conversations between a suspect and the victim’s mother while he was in jail and a testimony from the victim’s mother that she was convicted of assisting a criminal were admissible evidence in a child abuse case, the Indiana Court of Appeals ruled.
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COA upholds denial of post-conviction relief petition

May 12, 2016
Scott Roberts
The Indiana Court of Appeals upheld the denial of a man’s post-conviction relief petition after it found any ineffectiveness of counsel the man received did not affect the outcome of his case in his decision to plead guilty to Class A felony neglect of a dependent.
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COA: Stop violated 4th Amendment

May 12, 2016
Scott Roberts
A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.
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Senate Judiciary hearing set for District Court nominee Ong

May 12, 2016
Dave Stafford
President Barack Obama’s nominee to fill a vacancy on the U.S. Court for the Southern District of Indiana will get a hearing at 10 a.m. Wednesday before the Senate Committee on the Judiciary in Washington.
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Feds reach $15M deal in suit over failed Indiana bank

May 12, 2016
IBJ Staff
The Federal Deposit Insurance Corp., which sued three former Irwin Union Bank officers in 2013, has reached a $15 million settlement with those defendants.
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Hogsett touts task force to plan new jail, criminal justice reforms

May 12, 2016
Hayleigh Colombo, IBJ Staff
As Indianapolis faces another jail overcrowding crisis, Mayor Joe Hogsett is moving ahead in his quest to reform the city’s criminal justice system.
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Rucker likely to leave Supreme Court in 2017

May 12, 2016
Dave Stafford
The senior justice on the Indiana Supreme Court expects to step down sometime in 2017, which would complete a total turnover of the bench that began in 2010.
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Court orders more proceedings on waiver moves

May 11, 2016
Scott Roberts
The 7th Circuit Court of Appeals reversed summary judgment for state defendants in a lawsuit brought by Medicaid patients who claimed their move to a new waiver with a cap on expenses violates the Americans with Disabilities Act. The court said the way the patients spent their expenses constitutes an issue of material fact, and they may have been able to receive more services had they spent their money differently.
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City of Indianapolis settles wrongful imprisonment lawsuit

May 11, 2016
 Associated Press
Court records show that the city of Indianapolis has settled a lawsuit for $99,000 that was filed by a man who claims police used false evidence to imprison him.
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Staples, Office Depot scrap merger after judge blocks deal

May 11, 2016
 Associated Press
Staples and Office Depot said Tuesday they are scrapping their planned $6.3 billion merger after a federal judge blocked the deal, saying the government had made the case that the combination would likely hurt competition in office supplies.
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Wal-Mart sues Visa over chip-enabled debit cards

May 11, 2016
 Associated Press
Wal-Mart Stores Inc. has sued Visa Inc., charging that the payment network is not allowing the retail giant to let customers verify chip-enabled debit card transactions with what it believes is a more secure method: personal identification numbers.
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COA: Child’s name can be changed

May 11, 2016
Scott Roberts
A father can change the last name of a child to his despite the protests of the mother, the Indiana Court of Appeals ruled Wednesday.
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Former Indianapolis coach pleads guilty to enticement

May 11, 2016
 Associated Press
A former Indianapolis high school boys' basketball coach has pleaded guilty to trying to entice a 15-year-old student to have sex with him.
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Arresting officer in Freddie Gray case chooses bench trial

May 10, 2016
 Associated Press
A police officer charged in the Freddie Gray case chose Tuesday to stand trial before a judge rather than a jury, eliminating a potential wild card in the divisive and emotionally charged case.
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COA upholds charges in robbery, assault case

May 10, 2016
The Indiana Court of Appeals upheld a man’s robbery, intimidation, rape, sexual assault and other convictions stemming from an October 2013 break-in after it found his convictions did not violate the single larceny and continuous crime doctrines.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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