Courts

Statute requires state to pay attorney fees on inmate’s appeal

April 9, 2014
Jennifer Nelson
Indiana Code 33-37-2-4 requires the state to pay appellate attorney fees and expenses when an inmate commits a crime in a state correctional facility, the Indiana Court of Appeals held Wednesday.
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New portable alcohol monitoring device gains favor in community corrections

April 9, 2014
Dave Stafford
Offenders ordered to forgo alcohol in order to stay out of prison now have a powerful incentive to stay sober – they hold the key to their freedom in their hands.
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Senior status not likely to slow Judge Barker

April 9, 2014
Marilyn Odendahl
Attorneys and judges alike say whenever Judge Sarah Evans Barker is on the bench, there is no question who is in charge in that courtroom. This is a judge they universally describe as well-prepared, well-organized and authoritative, but not averse to occasionally introducing a little humor in the proceedings.
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Former IURC chair’s appeal raises questions on official misconduct law

April 9, 2014
Dave Stafford
Did a former state utility regulator’s behavior that got him fired rise to official misconduct if he committed no crime? An Indiana Court of Appeals panel grappled with that question, as well as which version of the law applies, during oral arguments March 31.
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Attorney sues hundreds over use of city skyline picture

April 9, 2014
Dave Stafford
They say a picture is worth a thousand words. Attorney Richard Bell says his picture of the Indianapolis skyline is worth $1,500 or so if you’ve posted it on your website without first paying him to license it.
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Disciplinary Actions - 4/9/14

April 9, 2014
IL Staff
Read who's been disciplined and who received a favorable judgment from the Indiana Supreme Court.
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Justices grant transfer in 2 wrongful death cases

April 8, 2014
Dave Stafford
The Indiana Supreme Court will consider whether attorney fees awarded as damages in wrongful death cases from the Indiana Patients Compensation Fund are subject to a 15 percent cap of the total reward. It’s one of two appeals justices accepted last week, both involving wrongful death cases.
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Bipolar defense fails in wire fraud, tax evasion appeal

April 7, 2014
Dave Stafford
A woman sentenced to five years in prison after she pleaded guilty to charges of wire fraud and tax evasion for swindling an elderly couple failed to persuade the 7th Circuit Court of Appeals to revise her sentence.
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FSSA able to terminate 9-year Medicaid provider contract without cause

April 7, 2014
Marilyn Odendahl
An Indiana Court of Appeals panel unanimously rejected a company’s argument that its state contract was wrongfully terminated. The company argued it has a property interest in continuing to be a Medicaid services provider.
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Judgment for investment advisor upheld as breach, wage claim

April 7, 2014
Dave Stafford
Rulings in favor of an investment adviser who claimed breach of contract and violation of the Wage Claims Act were affirmed Monday by the Indiana Court of Appeals, as was his request for appellate attorney fees.
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Man who sped through construction zone loses appeal

April 7, 2014
Dave Stafford
A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.
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Workshop designed to help educators teach students about the courts

April 7, 2014
Marilyn Odendahl
Teachers from across the state will be getting an up-close view of the judicial system through a one-day workshop hosted by the Indiana Supreme Court and the Indiana Bar Foundation.
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Mom’s one-time meth use does not support CHINS case

April 7, 2014
Dave Stafford
A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.
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Hearing on motion for TRO on marriage statute Thursday

April 7, 2014
Marilyn Odendahl
The multiple challenges to Indiana’s ban on same-sex marriage are picking up steam with the federal court scheduling arguments regarding a temporary restraining order and the state filing a motion to dismiss one of the lawsuits.
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Divided high court affirms DNA unnecessary to establish paternity

April 4, 2014
Dave Stafford
Indiana Supreme Court justices split 3-2 in affirming that DNA evidence is not required to establish paternity.
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7th Circuit affirms 5-year sentence in arson-for-hire

April 4, 2014
Dave Stafford
A woman sentenced to serve five years in prison for recruiting another man to set fire to her home didn’t receive an unjust sentence even though it was three to four times longer than federal guidelines, the 7th Circuit Court of Appeals ruled Thursday.
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Justices uphold ruling for insurer in negligence claim

April 4, 2014
Dave Stafford
Homeowners’ claims after a fire that their insurer was negligent because a policy didn’t fully cover replacement costs was time-barred because the policy limits were discoverable at the time the policy was issued, the Indiana Supreme Court ruled Thursday.
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State seeks further discipline against suspended lawyer Paul Page

April 3, 2014
Dave Stafford
The Indiana Supreme Court Disciplinary Commission has filed a complaint against suspended Indianapolis attorney and developer Paul Page that could result in further sanctions against his law license.
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Former JA boss loses defamation appeal naming FedEx, 500 Festival

April 3, 2014
Dave Stafford
The former head of Junior Achievement of Central Indiana failed Thursday in his bid to reinstate defamation claims against a business and a nonprofit that owned computers from which critical comments about him were posted online.
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Same-sex couple’s bid for recognition expedited due to grave illness

April 2, 2014
Dave Stafford
The chief federal judge in Indianapolis quickly summoned lawyers to address a same-sex couple’s emergency request that Indiana recognize their Massachusetts marriage because one of the women is gravely ill.
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Court upholds Plymouth pay policy challenged by reservist

April 2, 2014
Dave Stafford
The city of Plymouth’s policy on longevity pay withstood a challenge by a police officer who unsuccessfully claimed he was entitled to the full benefit rather than a prorated share for time he spent deployed as a U.S. Air Force Reservist.
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Justices strike down partial consecutive sentences

April 1, 2014
Dave Stafford
Indiana trial court judges do not have discretion to impose partial consecutive sentences, the Indiana Supreme Court ruled Tuesday.
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Wine bar’s programmable cards not subject to tax exemption

April 1, 2014
Dave Stafford
An Indianapolis wine bar’s programmable cards that customers purchase to dispense samples are not subject to resale tax exemption, the Indiana Tax Court ruled Monday.

 
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Man has second chance to get OWI charges dropped

April 1, 2014
Marilyn Odendahl
A Jefferson County man who was brought to court for operating a vehicle while intoxicated more than two years after he was pulled over by police will get another chance to argue that his right to a speedy trial was violated.
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Judge Sarah Evans Barker to take senior status

March 31, 2014
Marilyn Odendahl
After 30 years on the federal bench, Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana has announced her intention to take senior status effective June 30, 2014.
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  1. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  2. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  3. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  4. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  5. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

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