Government

Criminal code committee still trying to answer funding and sentencing questions

November 7, 2013
Marilyn Odendahl
The Indiana General Assembly passed an overhaul of the state’s criminal code during 2013 but left two major issues for the upcoming session – funding and sentencing.
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Appellate arguments in cancelled IBM contract set for Nov. 25

November 7, 2013
Jennifer Nelson
A panel on the Indiana Court of Appeals will hear arguments later this month on whether the state should have to pay more than $62 million to IBM after cancelling its billion-dollar contract with the company to modernize Indiana’s welfare system.
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Judge denies Brizzi’s bid for gag order in malpractice suit

November 6, 2013
Dave Stafford
A judge Tuesday denied former Marion County Prosecutor Carl Brizzi’s request for a gag order in the legal malpractice claim filed against him by defrocked Indiana Secretary of State Charlie White.
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COA rejects claim overhaul of Criminal Code shows Class A felonies disproportionate

November 6, 2013
Jennifer Nelson
A defendant attempted to persuade the Indiana Court of Appeals that the Class A felony classifications for dealing or possession of cocaine are disproportionate by pointing to the recent revisions to the Criminal Code. The new criminal classifications and sentencing structure that take effect next year no longer include these crimes in the highest level of felonies.
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Lawyer expertise and experience lift Honor Flight to new heights

November 6, 2013
Holly Wheeler
Law brings people together but not often for positive reasons. Fortunately for Bob Kistler, an associate at Faegre Baker Daniels LLP in Fort Wayne, the law and a fellow lawyer forged his connection to Honor Flight.
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Is a death certificate public information?

November 6, 2013
Marilyn Odendahl
Differing interpretations of statutory language puts the state of Indiana and the Court of Appeals at odds.
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Post-conviction claim allowed in DOC placement change

November 5, 2013
Dave Stafford
Offenders may seek post-conviction relief from Department of Correction placement changes, the Court of Appeals ruled Tuesday after the state revised its view that a claim should be dismissed.
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How the Brizzi public-corruption case unraveled

November 5, 2013
Cory Schouten
Federal authorities suffered a near-complete defeat in their efforts to prosecute the players in an unusual real estate deal in Elkhart, a setback that ultimately doomed an ambitious public-corruption case targeting former Marion County Prosecutor Carl Brizzi.
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AG announces largest-ever health care fraud settlement

November 4, 2013
IL Staff
Indiana will receive its largest-ever health care fraud settlement as part of a $2.2 billion agreement with Johnson & Johnson for illegal off-label marketing and kickbacks to promote Risperdal, Invega and other drugs, according to a statement from Indiana Attorney General Greg Zoeller.
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Public meeting about health care reform scheduled for Monday evening

November 4, 2013
IL Staff

Two state legislators will be holding a public forum about the Affordable Care Act Monday evening in Indianapolis.

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Martinsville native named commissioner of state’s department of labor

November 4, 2013
IL Staff
A former general counsel in the Indiana Department of Labor has been appointed by Gov. Mike Pence to lead the agency.
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Judge sentences attorney Page to probation, fine

November 4, 2013
Cory Schouten
Attorney and real estate developer Paul J. Page will serve two years of probation and pay a $10,000 fine for concealing the source of a $362,000 down payment on his purchase of a state-leased office building in Elkhart.
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State can’t keep interest earned on unclaimed property

October 31, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals agreed Thursday with an Indiana woman acting as guardian for a relative that the state can’t retain the interest earned on unclaimed property once the owner files a valid claim to the property. Katherine Cerajeski argued that action by the state is a taking that violates the takings clause in the Constitution because the owner is paid nothing for his lost interest.
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Appeals panel rules former same-sex partner has standing to seek visitation

October 31, 2013
Dave Stafford
A former same-sex domestic partner of a woman who gave birth to a child has standing to seek visitation, the Indiana Court of Appeals ruled Thursday, reversing a trial court in an opinion begging lawmakers to speak to the rights of same-sex couples in parenting disputes.
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Zoeller moves to strike Ritz’s suit against Board of Education

October 24, 2013
Dave Stafford
Attorney General Greg Zoeller Thursday asked a court to throw out a lawsuit filed by Superintendent of Public Instruction Glenda Ritz against the Indiana Board of Education.
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Overwhelming evidence of guilt trumps defendant’s post-conviction claims

October 24, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld a northern Indiana man’s life without parole sentence for killing a police officer in 1997, finding the post-conviction court did not err when it denied him a new trial.
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Court upholds 2-year suspension of teacher’s license

October 24, 2013
Jennifer Nelson
An administrative law judge in the Indiana Department of Education correctly imposed a two-year suspension of a special education teacher’s license, the Indiana Court of Appeals ruled Thursday. The court found no error in the ALJ’s reliance on a California case when considering whether to revoke or suspend a teaching license.
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Faith in practice

October 23, 2013
Marilyn Odendahl
Red Mass reinforces the value of respect, civility and community in the legal profession.
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When security actions become unconstitutional snooping

October 23, 2013
Marilyn Odendahl
Indiana University Maurer School of Law professors join the effort to curb government surveillance.
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Judges persuade Commission on Courts to reject bail bond proposal and review use of psychologists

October 22, 2013
Marilyn Odendahl
Proposed legislation regarding bail bonds died Oct. 21 in the Indiana General Assembly’s Commission on Courts hearing after Indiana Supreme Court Chief Justice Brent Dickson raised concerns about constitutionality and legislative overreach.
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Commission on Courts to look at confidentiality of paternity cases

October 17, 2013
IL Staff
The Commission on Courts will tackle several issues at its meeting Oct. 21, including the confidentiality of juvenile court records in juvenile paternity cases.
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Partial shutdown over, for now

October 17, 2013
IL Staff
President Barack Obama signed legislation Thursday ending the partial shutdown of the federal government and pushing back deadlines before Congress must act again to prevent a similar situation. The announcement from the White House came hours after the U.S. Courts announced federal courts would remain open through Oct. 18.
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State to appeal ruling in fenced deer-hunting case

October 16, 2013
IL Staff
The Office of the Indiana Attorney General announced Tuesday that it will appeal a recent Harrison County ruling that held the state couldn’t regulate a fenced deer-hunting operation.
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Allen County attorney appointed as state representative

October 15, 2013
IL Staff
Fort Wayne attorney Casey B. Cox is being sworn in Tuesday as state representative for House District 85.
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Indiana consumers to receive payout in settlement with negative option marketer

October 11, 2013
IL Staff
Indiana Attorney General Greg Zoeller announced Thursday that a company accused of deceptive advertising has entered into a $30 million settlement with 48 states, resulting in $238,900 in money for Indiana customers.
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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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