Latest News

Tenant who trashed house loses appeal, owes attorney fees

September 23, 2014
Dave Stafford
A former babysitter entrusted to live in a family’s home while they were away for a year and care for their pet dog in exchange for paying $300 monthly rent instead trashed the place. The ex-tenant appealed an $85,889 judgment against her but now has more bills to pay.
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Attorney wins summary judgment appeal

September 23, 2014
Marilyn Odendahl
An Indianapolis attorney ensnared in a dispute between a land developer and a creditor was successful at convincing the Indiana Court of Appeals he is identical to the other defendants and should be granted summary judgment.
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Despite erroneous findings, termination of parental rights affirmed

September 23, 2014
Dave Stafford
A trial court entered erroneous findings in terminating the parental rights of a mother and father concerning two minor children, but the mistakes weren’t significant enough to reverse in a case where the state presented enough evidence to warrant the decision.
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Meth dealing conviction affirmed, restitution required

September 23, 2014
Dave Stafford
Convictions for dealing methamphetamine and two counts of neglect of a dependent were affirmed on appeal Tuesday, as was an order that the offender pay restitution to the state for the costs of cleaning up the meth lab.
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Angie's List to pay $2.8M in membership-fee settlement

September 23, 2014
Mason King
Indianapolis-based Angie's List Inc. will pay $2.8 million to settle a lawsuit alleging that it automatically renewed members at a higher rate than they were led to believe.
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Reversal of PACER decision restores access

September 23, 2014
Marilyn Odendahl
The Administrative Office of the United States Courts is showing what technology has taken away, technology can restore. The federal judiciary is reversing an earlier decision to delete hundreds of thousands of older case files from the federal courts’ electronic system, PACER.
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Child support and tax deduction rulings reversed

September 23, 2014
Dave Stafford
A Lake County father prevailed in appealing a trial court order regarding his child support obligations that deviated from those recommended under Indiana’s official guidelines.
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On rehearing, panel clarifies ruling regarding Death Property Act

September 23, 2014
Dave Stafford
A promissory note between a mother and son did not transfer to the mother’s estate on her death, the Indiana Court of Appeals clarified in rehearing an estate dispute that reversed a trial court ruling.
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MCBA joins national voter registration effort

September 23, 2014
Marilyn Odendahl
As part of a national effort, members of the Marion County Bar Association are going to neighborhoods and churches to help lower-income residents get registered to vote prior to the upcoming November election.
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No dismissal of charges against county treasurer

September 22, 2014
 Associated Press
A judge has rejected a central Indiana county treasurer's request for the dismissal of criminal charges that he mishandled public money.
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Neighbors file suit to block 2,000-hog facility

September 22, 2014
 Associated Press
A central Indiana farmer faces a lawsuit from neighbors who want to block plans for a facility where some 2,000 hogs would be raised.
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Indiana Toll Road operator files for bankruptcy

September 22, 2014
 Associated Press
A judge and creditors will have to decide who runs the Indiana Toll Road after the highway's private operator filed for bankruptcy protection, formally acknowledging that it couldn't afford the debt from the multibillion-dollar deal to take over the highway.
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Justices to review reversal of capped sentence after plea

September 22, 2014
Dave Stafford
The Indiana Supreme Court will review a case in which the Court of Appeals reversed a 10-year sentence, the most a man could receive under an agreement in which he pleaded guilty to multiple felonies.
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Former MCBA treasurer suspended from practice 2 years

September 22, 2014
Dave Stafford
The former treasurer for the Marion County Bar Association has been suspended from the practice of law for a minimum of two years for taking more than $9,100 from the organization.
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Legal community rolls up its sleeves for ‘Day of Service’

September 22, 2014
Marilyn Odendahl
Once again, members of the Indiana State Bar Association gave up part of their Saturday to help their local communities as part of the association’s Annual Day of Service.
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Purdue shooter sentenced to 65 years in prison

September 22, 2014
 Associated Press
An Indiana man who admitted fatally stabbing and shooting a fellow Purdue University student inside a crowded classroom was sentenced Sept. 19 to the maximum 65 years in prison after telling a judge he lied about being mentally ill.
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Sentencing set in deadly Purdue campus attack

September 19, 2014
 Associated Press
The lawyer for an Indiana man who pleaded guilty to fatally stabbing and shooting a fellow Purdue University student is expected to try to convince a judge that his client is mentally ill.
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State holds $1.2 million in domestic violence funds

September 19, 2014
 Associated Press
The trustees of the Indiana Criminal Justice Institute have decided to stick by a plan that withholds $1.2 million in domestic violence prevention funds from private agencies until they submit spending plans.
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Issues of material fact allow Environmental Legal Actions claim to proceed

September 19, 2014
Marilyn Odendahl
The Indiana Court of Appeals is allowing a claim under Indiana’s Environmental Legal Actions statute to move forward, ruling there are many questions for the lower court to examine about the former landlord’s role in the contamination of the soil.
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Judgment favoring policeman’s meth-exposure claim reversed

September 19, 2014
Dave Stafford
A police officer who claimed disability resulting from his work dismantling methamphetamine labs had a favorable trial court ruling reversed by the Indiana Court of Appeals Friday.
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Ex-Conseco board member owes legal fees, may pursue malpractice claim

September 19, 2014
Dave Stafford
A pre-bankruptcy board member of Conseco Inc. was ordered to pay $127,592.21 in outstanding legal fees, but he may pursue legal malpractice claims, a federal judge ruled Thursday.
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Supreme Court posts annual report

September 19, 2014
IL Staff
The Indiana Supreme Court has posted its annual report, providing details of the 995 cases it reviewed in the fiscal year ending June 30 and elaborating on plans to roll out electronic filing in trial courts statewide.
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DCS settles adoption subsidy lawsuit

September 18, 2014
IL Staff
Families who sued the Department of Child Services will receive $15.1 million in state foster child adoption subsidies withheld from 2009 to 2014, DCS announced Thursday.
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Judges disagree over enhanced sentence for child molesting conviction

September 18, 2014
Jennifer Nelson
The Indiana Court of Appeals was divided Thursday over whether a Johnson County man convicted of having sex with a 13-year-old girl deserved to have his sentence enhanced above the 30-year advisory sentence.
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Judge rules for revenue department on man’s claim for sanctions

September 18, 2014
Jennifer Nelson
A man who argued that the Indiana Department of State Revenue should be sanctioned for allegedly producing his ex-wife’s transmittal envelope for her tax return and passing it off as his own lost his case before the Indiana Tax Court Thursday.
More
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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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