Latest News

COA reverses foreclosure because bank can’t prove it holds the note

September 29, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the foreclosure of an Elkhart man’s home, holding the bank that sought the foreclosure did not establish it was entitled to enforce the promissory note as its holder.
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7th Circuit rebukes counsel involved in attempt to collect debt

September 29, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals had harsh words for counsel on both sides of a lawsuit involving an unpaid educational debt, finding the attorneys have demonstrated “appalling judgment” in this case.
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Taft partner appointed to Bankruptcy Court

September 29, 2014
IL Staff
Jeffrey J. Graham, a partner at Taft Stettinius & Hollister LLP in Indianapolis, is the newest Bankruptcy judge in the Southern District of Indiana. The 7th Circuit Court of Appeals announced his appointment Monday.
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Justices take 4th Amendment case

September 29, 2014
IL Staff
The Indiana Supreme Court will decide a case that divided the Indiana Court of Appeals over whether marijuana and a pipe found after a traffic stop should be suppressed.
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Traveling Magna Carta exhibit opens Monday

September 29, 2014
IL Staff
The American Bar Association’s Magna Cart Facsimile Traveling Exhibit begins its 12-day run at the Indiana Statehouse Monday.
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Prison agency gets $1 million to fight injuries

September 29, 2014
 Associated Press
The Indiana Department of Correction has been awarded nearly $1 million to identify offenders with traumatic brain injuries and help them avoid a return to prison.
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Former workers file suit against state lawmaker

September 29, 2014
 Associated Press
A lawmaker who was one of nine Republican state senators to vote against a right-to-work law two years ago is accused in a lawsuit of failing to pay his employees more than $220,000 in wages and other benefits.
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Dispute over unpaid sewer fees could head to court

September 29, 2014
 Associated Press
Dozens of residents in southern Indiana could face legal action for failing to pay to tie in to sewer lines in a newly annexed area.
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Attorney asks judge to reverse life with no parole

September 29, 2014
 Associated Press
An attorney for a southwestern Indiana man found guilty of fatally shooting his ex-girlfriend's father is asking a judge to reverse the most serious conviction against him.
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JQC issues advisory opinion to judges with family members running for office

September 26, 2014
IL Staff
Judges who have a family member running for elected office may appear in campaign materials as long as the judge’s title or position isn’t mentioned, the Indiana Commission on Judicial Qualifications decided in an advisory opinion released Friday.
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Woman’s suit against hospital for disparaging comments revived by COA

September 26, 2014
Jennifer Nelson
A trial court erred when it dismissed a woman’s intentional infliction of emotional distress claim filed against Community Hospital after she says staff made derogatory comments regarding her situation after she was brought in unconscious and under the influence of a date rape drug.
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Court: Father’s failure to timely register implies consent to adoption

September 26, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the adoption of a child by the maternal grandfather after finding the purported father irrevocably implied consent after failing to timely register with the Indiana Putative Father Registry.
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COA: Letter satisfied notice requirements after city damages pipeline

September 26, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of the city of Plymouth’s motion to dismiss an administrative action against it stemming from damages it caused to an underground natural gas pipeline. The appeals court found the Indiana Utility Regulatory Commission satisfied the statutory and administrative requirements concerning notice of the violation and recommended penalties.
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Access counselor doubts city's need for secrecy on justice center RFP

September 26, 2014
Kathleen McLaughlin
Indiana Public Access Counselor Luke Britt told the city of Indianapolis that he wasn't swayed by its reasons for withholding its request for proposals for a new $500 million criminal justice complex.
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Program gets $1 million US grant to mentor ex-cons

September 26, 2014
 Associated Press
An Indianapolis nonprofit is receiving a $1 million Department of Justice grant to mentor released prison inmates who are mothers and fathers.
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Annexation called ‘legalized bullying’ during interim study committee meeting

September 25, 2014
Marilyn Odendahl
Property owners told Indiana legislators Sept. 24 that despite the General Assembly’s continual tinkering with the state’s annexation statute, the process still favors municipalities by giving them all the power to take the land they want without considering the owners’ wishes.
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COA orders trial over whether trucking company must pay for highway damage

September 25, 2014
Jennifer Nelson
The crash report prepared after a fatal trucking accident on Interstate 70 that resulted in damage to the highway should not have been included as evidence in the state’s lawsuit seeking recovery of the money it spent repairing the highway, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed summary judgment in favor of the state and ordered the matter proceed to trial.
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Justices affirm adoption despite father’s untimely appeal

September 25, 2014
Jennifer Nelson
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
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1,291-day delay in holding trial requires reversing conviction

September 25, 2014
Jennifer Nelson
The “unduly long delay” in bringing a man to trial on a charge of child molesting – 1,291 days – violated his constitutional right to a speedy trial and requires reversing his conviction, the Indiana Supreme Court ruled Wednesday.
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Child services investigators claim unpaid overtime

September 25, 2014
 Associated Press
Two Indiana Department of Child Services investigators say in a lawsuit that they've had to work extensive overtime without receiving required overtime pay.
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White House says Holder resigning as attorney general

September 25, 2014
 Associated Press
Eric Holder, who served as the public face of the Obama administration's legal fight against terrorism and pushed to make the criminal justice system more even-handed, is resigning after six years on the job. He is the nation's first black attorney general.
More

Second suit filed over Wal-Mart PCB contamination

September 25, 2014
IL Staff
A second lawsuit has been filed as a result of toxic contamination discovered at an Indianapolis Wal-Mart return center.
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Former sheriff’s deputies lose suit challenging promotion process

September 24, 2014
Jennifer Nelson
Because the phrase “shall endeavor” should be read to mean one shall try, the Indiana Court of Appeals rejected two Indianapolis Metropolitan Police Department officers' arguments that they should have been promoted to captain. The two claimed because they were former sheriff’s deputies, the consolidation of the sheriff’s and city police departments in 2006 required their promotions to maintain proportional representation.
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Bankruptcy Court to hold ceremony for retiring judge

September 24, 2014
Jennifer Nelson
The United States Bankruptcy Court for the Southern District of Indiana is hosting a private retirement ceremony Thursday in honor of Judge James K. Coachys, who is retiring Sept. 30.
More

State's way of paying public defenders debated

September 24, 2014
 Associated Press
The state pays the salaries of its judges and prosecutors, but public defenders are paid by counties that are only partially reimbursed for their costs — an approach that some including the executive director of the Indiana Public Defender Council want to see changed.
More
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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

  3. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

  4. 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...

  5. 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

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