Indiana Lawyer Staff

Divided COA adds to difference of opinion on partial consecutive sentences

June 3, 2013
Dave Stafford

The Indiana Court of Appeals issued a 2-1 opinion Monday that further deepened an appellate divide on whether judges may impose partially consecutive sentences.

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7th Circuit orders Indiana case sent back to Ohio

May 23, 2013
Jennifer Nelson
A federal judge in the Southern District of Indiana erred when she determined that a claims adjuster from Ohio was fraudulently joined to a case that was transferred out of federal court in Ohio to Indiana, the 7th Circuit Court of Appeals ruled. The case also presented two issues of first impression for the Circuit.
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Judges clarify how plaintiff may have case reinstated

May 22, 2013
Jennifer Nelson
In a rehearing requested by a plaintiff whose legal actions were dismissed in Marion Superior Court, the Indiana Court of Appeals clarified its original holding on how the man may have his actions reinstated.
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Juvenile reversal sets new conditional admissions standard

May 21, 2013
Dave Stafford

A Court of Appeals panel on Tuesday reversed a ruling in a juvenile case and set a new standard for how juvenile judges must handle conditional admission agreements when probable cause is disputed.

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'Pleading the Fifth' not the same as admitting to criminal act

May 20, 2013
Marilyn Odendahl
A reference made during a trial to “pleading the Fifth” is not an admission of a crime and, therefore, by itself is not grounds for a mistrial, the Indiana Court of Appeals has ruled.
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Indianapolis prevails in US high court on sewer tax case; residents, attorneys stung

June 20, 2012
Dave Stafford
Thirty-one Indianapolis property owners who paid as much as 30 times more than their neighbors for sewer service got resolution from the U.S. Supreme Court in their lawsuit against the city. They lost.
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Temporary admissions may create problems

April 25, 2012
Jenny Montgomery
Being unaware of court rules can lead to disciplinary action.
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Lawyer softball league to begin in May

April 10, 2012
IL Staff
The Chuck Klein Lawyers Softball League will kick off its 2012 season with a mandatory managers meeting at 6:30 p.m. May 3 at Kuntz Soccer Complex, 1502 W. 16th St., Indianapolis.
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Justice applicant pool reflective of Indiana

February 15, 2012
Jennifer Nelson
The percentage of women in the semi-finalist group to be the next state justice decreased as compared to the state's population.
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Dollars for donors

February 15, 2012
Jenny Montgomery
9th Circuit Court of Appeals decision raises concerns about bone marrow donation.
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Lawyers sweat it out in ethics CLE

February 15, 2012
Jenny Montgomery
Sneakers, shorts and T-shirts aren’t what most attorneys typically wear to continuing legal education sessions. But on Jan. 30, lawyers put on their workout gear and hit the gym for a one-hour CLE on ethics.
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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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Justices adopt repayment plan in UPL case

January 23, 2012
Michael Hoskins
The Indiana Supreme Court has adopted a repayment plan for an Indianapolis company it found engaged in the unauthorized practice of law, ordering officials to reimburse the state bar association and former clients during the next six years.
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Judges rule on Clark County surveyor's suit

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment for the former Clark County surveyor in his request that he should have been involved in a project involving Lancassange Creek. But the judges reversed summary judgment for the surveyor regarding whether he should have been involved in a project in a subdivision.
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Indiana chief justice's retirement 'a natural thing'

December 7, 2011
Michael Hoskins
Indiana Chief Justice Randall T. Shepard – the longest-serving state court chief justice in the nation – is retiring from the bench in March after nearly 27 years on the appellate bench and a quarter century in that top administrative position.
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New ISBA committee promotes healthy living for lawyers

November 9, 2011
Jenny Montgomery
A committee formed by the new Indiana State Bar Association president wants to encourage attorneys to step away from their desks and find time for fitness and wellness.
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Rookie year on the Supreme Court

November 9, 2011
Michael Hoskins
New Indiana Justice Steven David is settled but still finding his niche.
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Bridging the generation gap

November 9, 2011
Jenny Montgomery
Young lawyers adapt to the profession by understanding tradition.
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Simon sues state over Amazon sales tax exemption

November 4, 2011
IL and IBJ Staff
A Marion Superior lawsuit is accusing Indiana of violating the state constitution by not collecting sales taxes from Amazon.com Inc.
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Finding the right forum

October 26, 2011
Michael Hoskins
Marion County’s small claims courts are unifying practices and ensuring litigants know their rights.
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Courts limiting workers' online conduct

October 26, 2011
Michael Hoskins
Workplace Internet policies go up against free speech concerns.
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Court rules on mistaken statutory language

October 24, 2011
Michael Hoskins
A mistaken statutory provision has led to a reversal of a decision by a trial court judge from Wells County.
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Lawmakers finalizing post-Barnes legislation proposals

October 21, 2011
Michael Hoskins
A legislative study committee is about a week away from finalizing its proposals to clarify state law and allow for Indiana residents to use reasonable force to resist police entry into their homes in all but domestic violence and certain emergency situations.
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Bankruptcy fees increase Nov. 1

October 19, 2011
IL Staff
On Nov. 1, several fees will increase in the United States Bankruptcy Court’s Southern District of Indiana, including the Title 11 administrative fee, AP filing fee and notice of appeal fee.
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Baker & Daniels, Faegre & Benson confirm merger

October 12, 2011
Jenny Montgomery
Tom Froehle, chief executive partner for Baker & Daniels, and Andrew Humphrey, chair of Faegre & Benson’s management committee, held a joint news conference Oct. 12 to formally announce that the two firms will merge, effective Jan. 1, 2012.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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