Courts

Justices uphold driver's license suspension

February 3, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle when he commits the offense.
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Courtrooms shift in Southern District

February 2, 2012
IL Staff
With construction winding down at the Birch Bayh Federal Building and United States Courthouse in Indianapolis, there are two changes regarding bankruptcy judges’ courtrooms.
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Personal cars fall under federal act exemption

February 2, 2012
Jennifer Nelson
The billing agent for a central Indiana volunteer fire department can’t bill individuals involved in auto accidents with their personal vehicles for clean-up costs of hazardous substances, according to the 7th Circuit Court of Appeals.
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7th Circuit affirms man's remanded sentence

February 2, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the 210-month sentence received by a defendant on remand for attempting to coerce or entice a minor to engage in sexual activity.
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Man loses challenge to denial of admission to Indiana bar

February 2, 2012
Jennifer Nelson
A Kansas attorney who was denied admission to join the Indiana bar can’t bring his suit against various state actors in federal court because of the Rooker-Feldman doctrine, the 7th Circuit Court of Appeals ruled Thursday.
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New clerk appointed in Northern District

February 1, 2012
IL Staff
Robert N. Trgovich has been appointed clerk of the court by the judges of the U.S. District Court for the Northern District of Indiana, the court announced Tuesday.
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7th Circuit reverses in girls' basketball discrimination complaint

February 1, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals issued an opinion Tuesday stating it believes the appellants in a discrimination claim have presented a genuine question of fact that merits further review.
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Giving fee guidance

February 1, 2012
Michael Hoskins
Indiana Supreme Court decisions on fee structures lack bright-line rules and have caused questions about practicality.
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Marion County judicial 'slating fees' subject of 2 inquiries

February 1, 2012
Michael Hoskins
An Indianapolis attorney and an Indianapolis Bar Association political action committee want the Indiana Commission on Judicial Qualifications to look into how Marion County judicial candidates contribute to political parties as part of the process in running to be a judge.
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Litigation training in short supply

February 1, 2012
Michael Hoskins
Fewer jury trials leave young lawyers looking for experience outside of court.
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Expert's voice carries weight

February 1, 2012
Michael Hoskins
Indiana Court of Appeals finds single expert can establish standard of care for legal malpractice.
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Indiana Court Decisions

February 1, 2012
IL Staff
Read for publication opinions from Jan. 12 to 25, 2012.
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7th Circuit affirms denial of habeas corpus petition

January 31, 2012
Jenny Montgomery
A man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
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Justices rule on admitting testimony in crash cases

January 31, 2012
Jennifer Nelson
The Indiana Supreme Court released companion cases Tuesday on the issue of admitting certain expert testimony under Indiana Rule of Evidence 702 in two separate car accident cases.
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Officer did not violate 4th Amendment in finding gun in man's coat

January 31, 2012
Jenny Montgomery
A police officer who arrested a man and then found a gun in his coat did not violate the man’s rights, the Indiana Court of Appeals held.
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On petition for rehearing, appellate court affirms original opinion in drug case

January 31, 2012
Jenny Montgomery
A man convicted of Class D felony possession of methamphetamine asked the Indiana Court of Appeals to review its original opinion affirming the trial court.
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Appellate court affirms murder conviction; reverses on corpse abuse conviction

January 31, 2012
Jenny Montgomery
The erroneous admission at trial of a statement a man made to police unquestionably influenced the jury verdicts regarding his convictions of burglary and abuse of a corpse, causing the Indiana Court of Appeals to reverse those convictions. But the COA affirmed his conviction of and sentence for murder.
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COA affirms voyeurism charge for would-be prosecutor; Supreme Court issues suspension

January 31, 2012
Jenny Montgomery
The Indiana Court of Appeals has affirmed a voyeurism charge for William R. Wallace, a former candidate for Gibson County prosecutor. Wallace, who videotaped himself and a woman engaged in sexual intercourse, had filed an interlocutory appeal, claiming that he was innocent of Class D felony voyeurism because the sex was consensual.
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Indiana Supreme Court takes 4 cases

January 31, 2012
IL Staff
The Indiana Supreme Court granted transfer in four cases for the week ending Jan. 27 and denied transfer in 11 others.
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AG's office says disputes over legislative rules should not be decided in court

January 30, 2012
IL Staff
The Indiana Supreme Court will hear the state's appeal in the lawsuit over collecting fines imposed on absent members of the Legislature. The state's highest court on Friday ruled 4-1 to accept jurisdiction of the interlocutory appeal sought by the Indiana attorney general's office, which represents the state and officials named as defendants in the legislative fines lawsuit, Crawford v. Berry.
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COA: Court erred in not granting request for change of judge

January 30, 2012
Jenny Montgomery
Indiana’s appellate court has reversed a trial court in denying a mother’s request for change of judge in a custody dispute.
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COA reverses trial court in OWI case

January 30, 2012
Jenny Montgomery
The Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence, holding that police did not violate his rights in an unusual traffic stop.
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Driver's appeal based on misinterpretation of previous COA decision

January 30, 2012
Jenny Montgomery
A woman convicted of Class A misdemeanor driving while suspended within 10 years of a prior infraction misinterpreted a prior case in support of her appeal.
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15 apply to be Supreme Court justice

January 27, 2012
Jennifer Nelson
Fifteen people have applied to be the next Indiana Supreme Court justice, the high court announced Friday. They are vying to replace Chief Justice Randall T. Shepard, who will leave the bench March 4.
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Tort Claims Act does not grant immunity for reckless conduct

January 27, 2012
Jenny Montgomery
The Indiana Court of Appeals held the Tort Claims Act does not grant immunity to law enforcement officers who fail to exercise reasonable care while driving.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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