Courts

2 new magistrates appointed in Hendricks County

July 15, 2013
IL Staff
The Hendricks Superior Court is welcoming two new judges to the bench. Attorneys Tammy Somers and Michael “Joe” Manning have been appointed as magistrates for the Superior Court. Somers accepted the position effective July 1, 2013. Manning accepted the position effective Aug. 5, 2013.
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Judge accepts Conour plea; IU will use funds donated by ex-lawyer to help victims

July 15, 2013
Dave Stafford
Now that former high-profile personal-injury attorney William Conour has pleaded guilty to accusations that he defrauded dozens of clients of more than $4.5 million, his victims hope for some measure of restitution. At least a fraction of the loss will be covered by the law school to which Conour gave $450,000.
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Legal services provider partners with nonprofit to help homeless veterans

July 12, 2013
Marilyn Odendahl
A partnership between two Indianapolis nonprofits will provide for the first time ongoing legal services to homeless veterans working to become self-sufficient.
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7th Circuit won’t excuse IMPD officer from wrongful arrest, excessive force suit

July 12, 2013
Dave Stafford
A man’s federal lawsuit against two Indianapolis Metropolitan Police Department officers and the city will go forward after a federal judge rejected one officer’s interlocutory appeal.
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Judge finds Apple conspired to raise e-book prices

July 11, 2013
Jennifer Nelson
A judge in the U.S. District Court for the Southern District of New York ruled Wednesday that Apple Inc. colluded with major U.S. publishers to artificially raise the retail prices of e-books.
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7th Circuit affirms drug convictions, sentence

July 11, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld an Indiana man’s convictions and 360-month sentence for drug-related offenses, rejecting his claims that his right to a speedy trial was violated and the starting time of his offenses was incorrectly determined by the District Court.
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Man accused of violating city ordinances entitled to jury trial

July 11, 2013
Jennifer Nelson
Because the underlying substantive claims brought against an Indianapolis man regarding his treatment of his dog are quasi-criminal, he is entitled to a jury trial under the Indiana Constitution, the Indiana Court of Appeals has ruled.
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COA: Surrogate can not petition to disestablish maternity

July 11, 2013
Jennifer Nelson
A married woman who acted as a surrogate for another couple cannot petition to disestablish her maternity because it would cause the child to be “declared a child without a mother,” the Indiana Court of Appeals determined on interlocutory appeal.
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COA affirms $1,380 restitution order for missing CDs, coins

July 11, 2013
Jennifer Nelson
The Indiana Court of Appeals held Thursday that a trial court did not err in letting the state present evidence of a victim’s loss for the first time at a restitution hearing. It affirmed an order that Kenneth Smith pay $1,380 to William Kirkham for missing CDs and coins.
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Server’s electronic tip alteration is forgery, COA rules

July 11, 2013
Jennifer Nelson
A Logan’s Roadhouse server who used a computer to alter the amount of tip a customer left for her on a credit card can be convicted of forgery, the Indiana Court of Appeals affirmed Thursday.
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Gay student settles with school system over claims of harassment

July 10, 2013
Jennifer Nelson
A gay Indianapolis high school student who was expelled last year for using a device that emits an electric charge to defend himself from bullies has settled his lawsuit against Indianapolis Public Schools for failing to protect him.
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Lawyer accused of staging shooting avoids trial

July 10, 2013
Dave Stafford
A southern Indiana attorney accused of staging his shooting a little more than a year ago will avoid a trial that had been scheduled to begin Wednesday. The attorney will enter a guilty plea next month, but attorneys involved with the case said they won’t disclose details.
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Man loses challenge to Internet access restrictions

July 9, 2013
Jennifer Nelson
A convicted sex offender’s probation condition restricting his access to certain websites and programs that are frequented by children does not violate the man’s First Amendment rights, the Indiana Court of Appeals ruled Tuesday.
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7th Circuit reverses sanctions against Plews Shadley, other firms in False Claims Act case

July 9, 2013
Jennifer Nelson
After finding that a federal court in Indianapolis erred in dismissing a former ITT Educational Services Inc. employee’s False Claims Act lawsuit, the 7th Circuit Court of Appeals reversed the nearly $350,000 in sanctions imposed against three law firms representing the woman.
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Police officer’s suit alleging retaliation for political comment survives

July 9, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has reversed summary judgment in favor of two Portage police officers and the city on a detective’s claim that he was transferred in retaliation for comments he made to a local newspaper following the mayoral primary election in 2007.
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Judge sets Conour guilty plea hearing

July 9, 2013
Dave Stafford
Former leading personal-injury attorney William Conour is scheduled to appear in court to plead guilty to a federal wire fraud charge next week.
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7th Circuit rejects ‘kitchen sink approach’ in widow’s insurance appeal

July 8, 2013
Dave Stafford
A woman whose husband died of cancer as their purchase of several Terre Haute-based car dealerships was failing is not entitled to proceeds of his life insurance policy – a policy that had been assigned as an asset in the sale of the lots – the 7th Circuit Court of Appeals ruled Monday.
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Conour enters guilty plea

July 8, 2013
Dave Stafford
Former leading personal-injury attorney William Conour has entered a guilty plea  in his federal wire fraud case.
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Defendant waived right to appeal sentence

July 3, 2013
Jennifer Nelson
Finding that a man knowingly and voluntarily waived the right to appeal the appropriateness of his concurrent 34-year sentences following a guilty plea to drug charges, the Indiana Court of Appeals affirmed his sentence.
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7th Circuit dismisses campground owner’s appeal after raising new arguments

July 3, 2013
Jennifer Nelson
A Cedar Grove campground owner’s appeal regarding the judgment that the campground is subject to the Safe Drinking Water Act raised an “interesting question,” the 7th Circuit Court of Appeals noted, but the judges dismissed the appeal because the owner raised arguments for the first time on appeal.
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Guardian may not file for divorce on behalf on incapacitated adult

July 3, 2013
Jennifer Nelson
Citing a 1951 Indiana Supreme Court case, the Court of Appeals has affirmed that the law does not allow a guardian of an incapacitated person to file a petition for divorce on behalf of the incapacitated person.
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COA split over reversing summary judgment in slip-and-fall case

July 3, 2013
Jennifer Nelson

The Indiana Court of Appeals was divided Wednesday over whether a Merrillville store failed to preserve its issue of prejudice by opposing summary judgment granted to two companies in a negligence lawsuit filed by a woman who fell on ice in front of the northern Indiana Pier 1 Imports store.

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Judges uphold sale of properties in tax sale

July 3, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a property owner’s motion for relief from judgment after his two parcels were sold in a Marion County tax sale. The man argued the notices sent by officials didn’t comply with statutory requirements and he was denied due process.
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Resisting law enforcement conviction reversed because man had no duty to stop

July 3, 2013
Jennifer Nelson
Finding police lacked reasonable suspicion and probable cause when responding to a call about a disturbance that would justify a seizure of a Marion County man, the Indiana Court of Appeals concluded Keion Gaddie was subject to an unlawful stop.
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Chief justice appoints Bloomington man to disciplinary commission

July 3, 2013
IL Staff
Chief Justice Brent Dickson has appointed Bloomington resident Kirk White to a five-year term with the Indiana Supreme Court Disciplinary Commission. White fills a vacancy created by the expiration of Richmond resident Fred Austerman’s second term.
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