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Father’s consent not necessary for adoption to proceed

September 7, 2012
Marilyn Odendahl
Adoptive parents did not have to get the biological father’s consent to adopt his minor child, the Indiana Court of Appeals has ruled.
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Title insurer had duty to defend

September 6, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found that Ticor Title Insurance Co. breached its duty to defend Home Federal Savings Bank on a counterclaim brought by a general contractor on the failed ethanol plant in Cloverdale.
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Court correctly ruled toxicology department audit results ‘irrelevant’

September 6, 2012
Jennifer Nelson
The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.
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Judges order new trial based on prosecutor’s comments

September 6, 2012
Jennifer Nelson
Comments made by a prosecutor during a Harrison County man’s trial for charges stemming from a break-in at a convenience store improperly suggested that the man chose not to testify so he would not incriminate himself, the Indiana Court of Appeals ruled.
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St. Joe Bar Association to present diversity summit

September 6, 2012
IL Staff
The Diversity Committee of the St. Joseph County Bar Association is hosting a presentation on diversity in the legal profession Sept. 24, which will include former Indiana Justice Frank Sullivan Jr. discussing inclusion among the judiciary and the selection of judges.
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Attorneys ask justices to release Camm while awaiting retrial

September 6, 2012
Jennifer Nelson
Attorneys for David Camm, a former Indiana State Trooper twice convicted of killing his wife and two children, are asking the Indiana Supreme Court to order a special judge to release Camm from his pre-trial detention.
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Judges affirm jury instruction was not permitted under Barnes

September 5, 2012
Jennifer Nelson
The Howard Superior Court was correct in refusing a defendant’s instruction that provided a defense to his resisting arrest charges. The 2011 Supreme Court ruling in Barnes v. State did not permit his proposed instruction, the Indiana Court of Appeals held.
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Man’s additional charges should have been dismissed

September 5, 2012
Jennifer Nelson
The Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.
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Indiana justices accept 4 cases, deny 27

September 5, 2012
IL Staff
The Indiana Supreme Court will decide the defamation case filed by Herbert and Bui Simon against a California attorney. The justices will also decide whether a woman’s lawsuit for unpaid wages should have been brought before the Indiana Department of Labor before she filed her action.
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Miami Circuit Judge Robert Spahr dies

September 5, 2012
IL Staff
Miami Circuit Judge Robert A. Spahr, 66, died Monday at his residence after a brief battle with cancer.
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Court orders more proceedings on suit involving former Junior Achievement VP

September 5, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals Tuesday had to determine how best to read Section 510 of the Employment Retirement Income Security Act of 1974 to rule whether a former vice president of Junior Achievement of Central Indiana was fired because of his protests about the company’s failure to deposit money into his retirement account.
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Previous testimony allowed in murder trial

September 4, 2012
Jennifer Nelson
A witness’s testimony from a man’s murder trial and the deposition testimony of another unavailable witness were correctly allowed at the man’s second murder trial, the Indiana Court of Appeals held Tuesday.
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Judge: More small claims reforms pursued

September 4, 2012
Dave Stafford
More reforms that could address “forum shopping” in Marion County Small Claims courts will be undertaken this month, the judge presiding over a review of township court operations said.
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COA orders judge grant motion for bail bond reduction

September 4, 2012
Jennifer Nelson
Even though the severity of the 13 charges against a Knox County man for his role in several home invasions supports setting his bond at $25,000 cash only, the Indiana Court of Appeals concluded that the trial court should have allowed him to post a percentage of that to bond out.
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Judges disagree over whether car ad implied drivability

September 4, 2012
Jennifer Nelson
The Indiana Court of Appeals was divided on whether an Indianapolis car dealership was entitled to summary judgment on a buyer’s lawsuit that made Indiana Deceptive Consumer Sales Act, Crime Victims Relief Act, and fraud claims.
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Worker’s Compensation Act doesn’t give board ability to decide contract construction issue

September 4, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled that a Hamilton Superior Judge erred in granting an injured worker’s motion to dismiss a company’s action on whether it was liable to pay workers’ compensation to the injured man, who worked for another company.
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Courts, DCS, Criminal Code Evaluation committees meet this week

September 4, 2012
IL Staff
The Commission on Courts holds its first meeting of the legislative interim Wednesday, and a common theme is the need for more judges.
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Convicted sex offender appeals requirement to register in Indiana

September 4, 2012
IL Staff
A Massachusetts man who pleaded guilty to rape and abuse of a child in that state in 1984 will argue before the Indiana Court of Appeals Wednesday that he should not have to register in Indiana, where he now lives.
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Fishers company loses Marilyn Monroe court appeal

August 31, 2012
IBJ Staff
CMG Worldwide, an intellectual property licensing firm in Fishers, has lost a federal court appeal related to ownership of iconic images of Marilyn Monroe.
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Suit challenging construction of asphalt plant timely filed

August 31, 2012
Jennifer Nelson
The Indiana Court of Appeals determined that the Jeffersonville director of planning and zoning and the city building commissioner are public officers under Indiana Code 34-11-2-6. The judges discovered there is no state law defining public officer under this statute.
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Teen loses on appeal negligence suit filed for softball injury

August 31, 2012
Jennifer Nelson
A Wabash County YMCA proved it was entitled to summary judgment on a negligence claim filed by a 17-year-old teen injured while sliding into a base during a softball game on property owned by the YMCA, the Indiana Court of Appeals held.
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Massa appointed chair of St. Joe judicial nominating commission

August 31, 2012
Jennifer Nelson
Indiana Chief Justice Brent Dickson has appointed Justice Mark Massa chairman of the St. Joseph Superior Court Judicial Nominating Commission. Massa is filling the vacancy left by former Justice Frank Sullivan, who recently left the bench to teach.
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Woman fails to prove animal fighting statute is unconstitutionally vague

August 31, 2012
Jennifer Nelson
A Marion County woman failed to carry her “heavy burden” of proving that Indiana Code 35-46-3-10, which governs dog fights, is unconstitutionally vague, the Court of Appeals ruled Friday.
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Judges: employee discharged for just cause

August 31, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development that an employee of a funeral home was fired for just cause.
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DCS admits petition flawed; COA orders more proceedings

August 31, 2012
Jennifer Nelson
The Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply with statute when filing the petition to terminate their parental rights.
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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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