Latest News

Funding short for Indianapolis-area jail literacy program

February 16, 2015
 Associated Press
A program that provides literacy instruction to inmates in Indianapolis-area jails is having funding problems and organizers of the nonprofit Indy Reads have said its future is uncertain.
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Enhancement affirmed after man exaggerated mental deficits to delay trial

February 16, 2015
Jennifer Nelson
Although a defendant has a mental disorder, he tried to exaggerate his mental deficits in order to delay or prevent a criminal trial on a bank robbery charge. The federal court saw through his act and enhanced his sentence for obstruction of justice, which the 7th Circuit Court of Appeals affirmed Friday in a case of first impression.
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Questions over Greensburg police evidence could affect cases

February 16, 2015
 Associated Press
A southeastern Indiana prosecutor says discrepancies uncovered during a State Police investigation of the Greensburg Police Department's evidence room could endanger 16 criminal cases.
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Commissioner eyes vacant school as new Delaware County jail

February 16, 2015
 Associated Press
A central Indiana county that has faced lawsuits and criticism for how it houses its inmates is being asked to consider building a new jail in a vacant school building.
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‘Court reporter week’ highlights employment opportunities

February 16, 2015
Jennifer Nelson
The National Court Reporters Association kicked off its “National Court Reporting & Captioning Week” Sunday, an event designed to increase public awareness of employment opportunities in the profession.  A recent study found that more than 5,000 positions in court reporting and captioning will become available in the next five years.
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Counterclaims against bank dismissed for failure to state actionable claim

February 13, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed the decision to dismiss a woman’s counterclaims against her mortgage holder after it sought to foreclose on her home. None of her claims, which stemmed from the denial of modifying her mortgage under a new program, stated an actionable claim.
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Indiana same-sex couple files suit to get both names listed on birth certificate

February 13, 2015
Marilyn Odendahl
A married lesbian couple filed a complaint in federal court charging Indiana is violating their constitutional rights by not listing both their names on their child’s birth certificate.
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Southern District applauds work of attorney volunteers

February 13, 2015
Marilyn Odendahl
The 61 Indiana attorneys who provided pro bono hours in the Southern District of Indiana last year were recognized Thursday for their efforts during the second annual Pro Bono Appreciation Breakfast.
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COA affirms admission of re-recorded videos in rape trial

February 13, 2015
Jennifer Nelson
A man convicted of raping his wife after drugging her – and recording several sexual encounters – could not convince the Indiana Court of Appeals that the wife’s recordings of the videos she found on her husband’s cellphone should not have been admitted at his trial.
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Defendant waived right to confront victim by not attending Skype deposition

February 13, 2015
Jennifer Nelson
A man’s rights under the Indiana Constitution were not violated when the state admitted his victim’s deposition acquired through Skype because the man chose not to be present during the deposition, ruled the Indiana Court of Appeals.
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COA declines to rule on motion to compel due to lack of cogent argument

February 13, 2015
Jennifer Nelson
A couple awarded more than $7,600 following a car accident did not provide cogent argument or legal authority to support their claim a trial court erred in denying their motion to compel, the Indiana Court of Appeals held Friday.
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Order to pay for rescued animals’ treatment OK under general restitution statute

February 13, 2015
Jennifer Nelson
Because a Perry County woman relinquished her three neglected horses to a local rescue organization, she cannot be ordered to pay restitution based on the animal cruelty statute, the Indiana Court of Appeals ruled Friday. But the general restitution statute supports the trial court order Julie Bickford pay nearly $700 in restitution.
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COA affirms denial of plaintiff’s request for deposition fee reimbursement

February 13, 2015
Jennifer Nelson
A doctor named as a defendant in a malpractice lawsuit was not required to pay more than $2,000 toward the deposition fees of the plaintiff’s expert, the Indiana Court of Appeals ruled.
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COA upholds intimidation conviction of man participating in fake robbery

February 12, 2015
Jennifer Nelson
A staged robbery between two friends to cover up stolen funds from an employer took an unexpected turn when a good Samaritan tried to catch the supposed robber. The Indiana Court of Appeals affirmed the defendant’s intimidation conviction for pulling a knife on the good Samaritan during a chase.
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Failure to file board record dooms claim for judicial review

February 12, 2015
Jennifer Nelson
A company that did not file the board record or request an extension of time to file the record within 30 days as required by the applicable judicial review statute should not have been allowed to proceed with its request for judicial review, the Indiana Court of Appeals held. The judges reversed the denial of the town of Pittsboro’s request to dismiss Ark Park LLC’s claims.
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Denial of witness testimony was harmless error, COA rules

February 12, 2015
Jennifer Nelson
Although the trial court abused its discretion when it did not allow a person to testify on behalf of the defendant based on a separation of witnesses violation, the error was harmless, ruled the Court of Appeals in affirming a man’s felony convictions of vicarious sexual gratification and possession of child pornography.
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COA clarifies decision in reversed CHINS case

February 12, 2015
Jennifer Nelson
The Indiana Court of Appeals granted the Department of Child Services’ request for rehearing of an August 2014 decision in which the court reversed a child in need of services finding for a child whose father was in the Navy for the first few years of the child’s life. The judges clarified their reasoning but affirmed their decision in all respects.
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Justices: Previous ruling did not alter fundamental error doctrine

February 12, 2015
Jennifer Nelson
The Indiana Supreme Court wants to clear up potential confusion involving the state’s fundamental error doctrine.
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House panel passes bill lifting ban on Sunday alcohol sales

February 11, 2015
 Associated Press
An Indiana House committee has approved a bill that would lift the ban on Sunday carry-out alcohol sales while also placing new restrictions on grocery stores and pharmacies.
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Indianapolis lawyer wins $79M telecom verdict

February 11, 2015
Dave Stafford
An Indianapolis lawyer won a $79 million federal jury verdict for Missouri landowners who had not been compensated for fiber optic Internet cables a telecommunications company carried on power lines that crossed their property.
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Veterans court bill gets green light from Senate committee

February 11, 2015
Marilyn Odendahl
A bill that would establish veterans courts in every judicial district has passed the Senate Judiciary Committee and been reassigned to the Appropriations Committee.
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Couple needed expert testimony to show proximate cause in defective air bag suit

February 11, 2015
Jennifer Nelson
A couple suing Ford Motor Company, alleging their 2003 Mercury Mountaineer was defective because the air bags did not deploy in an accident, lost their case because they failed to designate expert testimony to support their claim.
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Panel issues 3 opinions on interplay between T.R. 15(C) and 17(F)

February 11, 2015
Jennifer Nelson
While the three judges on the Indiana Court of Appeals panel agreed summary judgment was proper for an Indianapolis attorney being sued for defamation and other claims because the statute of limitations had expired, each judge interpreted the interplay between Trial Rules 15(C) and 17(F) differently.
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Man fails to prove Supreme Court would rule against established caselaw

February 11, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the grant of an insurance adjuster’s motion to dismiss it from an injured man’s lawsuit alleging negligence in how it handled his case. The judges pointed out that the Indiana Court of Appeals has held that an insurance adjuster owes no legal duty to the insured and the plaintiff didn’t show that the Indiana Supreme Court would disagree with that decision.
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COA: Postnuptial agreement is enforceable

February 11, 2015
Jennifer Nelson
It is not a requirement that one party in a marriage must initiate divorce proceedings in order for the parties to later enter into a valid and enforceable reconciliation agreement, the Indiana Court of Appeals held Wednesday.
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