Courts

Tests not required to disprove arrestee intoxication

July 18, 2012
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals rejected a woman’s argument that the Indiana Code requires law enforcement personnel to evaluate if there could be other reasons a person is displaying signs of intoxication before arresting her for public intoxication.
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COA affirms rulings for Sellersburg in annexation case

July 18, 2012
Jennifer Nelson
The town of Sellersburg’s annexation proceedings should take priority over an incorporation proceeding involving the same area of land, the Indiana Court of Appeals held.
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Judges send insurance case back to trial court

July 18, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the trial court’s grant of summary judgment in favor of an insurer in a dispute over whether it should pay a claim for underinsured motorist coverage.
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State will appeal IBM ruling

July 18, 2012
Jennifer Nelson
The state is going to appeal Wednesday’s decision in Marion Superior Court that it pay IBM $52 million for ending early its billion-dollar contract with the company to update the state’s welfare system.
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Comment needed on bankruptcy local rule changes

July 18, 2012
IL Staff
The United States Bankruptcy Court in the Southern District of Indiana is seeking comment on proposed amendments to its local rules. The changes include references to the local rules of the District Court.
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State must pay $52M over terminated welfare contract

July 18, 2012
Jennifer Nelson
Marion Superior Judge David Dreyer has ordered the state to pay IBM an additional $12 million in early termination closeout payments and for equipment it retained after canceling a contract with IBM to implement a modernized welfare system. The judge previously ruled in January that the state was on the hook for $40 million in subcontractor assignment fees for terminating the contract.
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Attorney registration portal revamped

July 18, 2012
Dave Stafford
State court officials heard the grumbling of lawyers who for the first time last year had to register, pay fees and provide contact information online. It was confusing, difficult to navigate and frustrating. Now it will be different.
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US Supreme Court: Criminal fines require jury finding

July 18, 2012
Dave Stafford
An end-of-term U.S. Supreme Court decision did far more than reduce a penalty in a federal criminal environmental judgment from $18 million to $50,000. It created a new reality for how the government will have to pursue such prosecutions in the future, experts say.
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Settlement documentaries can be persuasive tool

July 18, 2012
Dave Stafford
Carolyn Dudley’s husband, Indiana State Trooper Gary Dudley, was killed six years ago when he was struck by a freight truck during a charity bike ride in Vermillion County. A short video about his life, and the event that caused his death, was critical to winning a settlement in a wrongful death case against the trucking company.
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Indiana Court Decisions June 28 - July 11, 2012

July 18, 2012
IL Staff
Read appellate court opinions from June 28 to Julyd 11, 2012.
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Disciplinary Actions - 7/20/12

July 18, 2012
IL Staff
Read who's resigned and who's been suspended in Indiana.
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Clark County man waived right to appeal

July 17, 2012
Jennifer Nelson
A Southern Indiana man, as part of his plea agreement on child molesting charges, knowingly and voluntarily waived his right to challenge the propriety of his sentence on appeal, the Indiana Court of Appeals ruled.
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Judges rule in favor of state in contract dispute

July 17, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court judgment against the state in a lawsuit filed by a subcontractor working on an airport project in Gary, holding the lower court erroneously determined the state had breached a contract between it and the subcontractor.
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Sex offender’s home ownership doesn’t impact residency restriction

July 17, 2012
Jennifer Nelson
A convicted sex offender who argued that a probation condition prohibiting him from living within 1,000 feet of a school is unduly restrictive on his property interest in a home he owns lost his appeal before the Indiana Court of Appeals.
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COA upholds child exploitation convictions

July 17, 2012
Jennifer Nelson
The Indiana Court of Appeals found that the state presented sufficient evidence to support a Marion County man’s five convictions of child exploitation.
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Court launches 2012 retention site

July 17, 2012
IL Staff
The Indiana Supreme Court’s Division of State Court Administration has designed a retention website for voters to learn about the six appellate judges up for retention this November.
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Candidates answer questions about qualifications to be justice

July 17, 2012
Dave Stafford
The Indiana Judicial Nominating Commission began interviews with 22 candidates vying to replace retiring Justice Frank Sullivan Jr. The interviews are taking place Tuesday and Wednesday, and the commission will narrow the list Wednesday to those who will be interviewed a second time in August.
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Attorney staged his own shooting, authorities say

July 16, 2012
Dave Stafford
A southern Indiana attorney who reported he was shot at McCormick’s Creek State Park on June 25 staged his own shooting, authorities say.
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US complaint: Plymouth reservist deprived of benefits

July 16, 2012
IL Staff
A U.S. Air Force reservist was illegally denied longevity pay when he returned to his job as a police officer in Plymouth, according to a federal complaint.
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Appeals court affirms tax sale notice statute unconstitutional

July 16, 2012
Dave Stafford
The Indiana Court of Appeals on Monday affirmed a trial court ruling denying a petition for a tax deed after a Bartholomew County tax sale, finding that the court was correct in ruling that the state’s statutory notice violated the 14th Amendment guarantee of due process.
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In-court marijuana field test ruled error, but not reversible

July 16, 2012
Dave Stafford
An appeals court panel ruled that a deputy’s in-court field test to prove a substance was marijuana should not have been allowed, but it declined to use the error as a basis to reverse a man’s misdemeanor conviction.
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Justices deny transfer in 16 cases

July 16, 2012
Dave Stafford
The Indiana Supreme Court denied transfer in 16 cases it reviewed in the week ending July 13, according to the transfer list released Monday.
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Appeals court upholds rape conviction

July 13, 2012
Dave Stafford
A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.
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Divided appeals court affirms summary judgment for community action program

July 13, 2012
Dave Stafford
A divided Indiana Court of Appeals panel on Friday affirmed a Marion Superior Court ruling that dismissed a case against a government-funded agency because the victims in a vehicle accident failed to provide notice under the Indiana Tort Claims Act.
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Court reverses ruling in Plymouth church insurer's suit against contractors

July 13, 2012
Dave Stafford
The Indiana Court of Appeals reinstated an insurer’s case against contractors who built a Plymouth church gymnasium addition in 2008 in which the basketball court floor was ruined when a frozen sprinkler burst eight months later.
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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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