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Appeals panel affirms sole custody for mother moving to China

August 15, 2013
Dave Stafford
A father lost his appeal Thursday of a trial court ruling granting sole custody to the mother of the divorced couple’s child, who will move with her to China for three years.
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No new trial for defendant who discovered pitfalls of proceeding pro se

August 15, 2013
Marilyn Odendahl
A defendant’s request for a do-over after representing himself at trial and being found guilty was denied by the Indiana Court of Appeals with the admonishment “proceeding pro se is riddled with pitfalls.”
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Malpractice defense accused of ‘egregious mischaracterization’ of record

August 15, 2013
Dave Stafford
Defense attorneys who asked for a rehearing from the Indiana Court of Appeals panel that earlier affirmed a trial court medical malpractice jury verdict failed to sway judges who took the opportunity to call out their “egregious mischaracterization” of the record.
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Northern District judge tosses challenge to Indiana immigration law

August 15, 2013
Marilyn Odendahl
A federal judge has dismissed a lawsuit challenging portions of Indiana’s immigration law passed in 2011.
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Massa stays in Rockport power plant case over calls for recusal

August 14, 2013
Dave Stafford
Indiana Supreme Court Justice Mark Massa on Wednesday denied a formal motion arguing that he should recuse himself from a pending case concerning the controversial Rockport power plant. The project is backed by a longtime friend of Massa and former aide to Gov. Mitch Daniels, whose administration championed the project.
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Community-caretaking duties permits warrantless search

August 14, 2013
Marilyn Odendahl
A warrantless search that led to discovery of marijuana and a handgun did not violate the Fourth Amendment because the police found the items as part of their “community-caretaking” duties.
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Charge dismissed in error negates felony DUI enhancement

August 14, 2013
Dave Stafford
The state’s errant dismissal of a misdemeanor drunken-driving charge in 2009 may not be corrected in order to enhance to a felony a defendant’s second such charge within five years, a divided panel of the Indiana Court of Appeals ruled.
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Man still drunk despite change in public intoxication statute, COA rules

August 14, 2013
Dave Stafford
A 2012 change in Indiana’s public intoxication statute adding a required charging element of at least harassing, annoying or alarming another person doesn’t negate a conviction for a man who the Indiana Court of Appeals ruled did at least that much.
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Interim criminal law study committee to examine sentencing questions

August 14, 2013
Marilyn Odendahl
The process to correct and clarify House Enrolled Act 1006, the massive piece of legislation overhauling the state’s criminal code, will begin Aug. 15 at the first meeting of the Indiana General Assembly’s Criminal Law and Sentencing Policy Study Committee.
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Environmental groups ask Massa to recuse from Rockport case

August 14, 2013
Dave Stafford
Justice Mark Massa should recuse himself from hearing an Indiana Supreme Court appeal of a ruling that hindered a proposed multi-billion-dollar coal gasification plant in Rockport, several environmental and consumer groups argue in a brief filed in the case.
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State commission studying services for children sets first meeting

August 14, 2013
IL Staff
A commission created last year by the Legislature to better coordinate services for children will hold its first meeting Aug. 21.
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65 years in the law

August 14, 2013
Holly Wheeler
World War II had just ended and the Baby Boom generation was making its debut when Philip “Skip” Kappes graduated from the University of Michigan Law School. It was 1948 and, for those who were not alive or just too young to remember that time, the following are a few facts that might help you gain perspective on the differences in American society between then and now.
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Shuai case resolved, thorny legal issues remain

August 14, 2013
Dave Stafford
A resolution that spared Bei Bei Shuai more jail time and dropped murder and attempted feticide charges filed after the death of her newborn daughter did little to clarify the state of the law under which she was prosecuted.
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Nigerian immigrant's religious discrimination suit carries cautions for employers

August 14, 2013
Dave Stafford
Sikiru Adeyeye had a mission when his father died in Nigeria three years ago. Letters to his employer asking to take one week of paid vacation and several weeks off without pay expressed the urgency of his obligation.
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From Atlantic to Pacific, the golfing is terrific; McKinney student completes 96-day fundraising odyssey

August 14, 2013
Marilyn Odendahl
Luke Bielawski, a student at Indiana University Robert H. McKinney School of Law, has spent the better part of his summer teeing off from California to South Carolina as a fundraiser for Providence Cristo Rey High School in Indianapolis.
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Lawyer's report sounds latest alarm about Marion County Small Claims courts

August 14, 2013
Dave Stafford
Problems with Marion County’s Small Claims courts are by now well-documented. After the Wall Street Journal took note of forum shopping, creditors’ cozy relationships with some courts and other lax practices, Court of Appeals Judge John Baker and Senior Judge Betty Barteau issued a report advocating reform.
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Accused murderers likely to stay in jail awaiting trial

August 14, 2013
Marilyn Odendahl
When the Indiana Supreme Court upended 150 years of precedent concerning murder defendants, it raised eyebrows and stirred debate but, in practice, the impact of the opinion is expected to be very limited.
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Blogger attorney Ogden grilled in public discipline hearing

August 14, 2013
Dave Stafford
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours July 30 in a hearing before the Indiana Disciplinary Commission.  
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Mandatory use of E-Verify could bring new headaches for US companies

August 14, 2013
Marilyn Odendahl
The red hot economy of the 1990s demanded a steady supply of unskilled and semi-skilled labor, a demand that was often filled with undocumented workers. Cities across the Midwest openly welcomed these individuals. Companies, trying to feed an insatiable appetite for workers, were placing help-wanted ads in newspapers in other states.
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Changes may prompt review of background check policies

August 14, 2013
For more than 20 years, the Equal Employment Opportunity Commission has taken the position that an employer’s use of applicants’ criminal history in making employment decisions may constitute discrimination under Title VII of the Civil Rights Act of 1964, as amended. The underlying premise has always been that because minorities are historically and statistically arrested and incarcerated at higher rates than their representation in the general population, the use of criminal records by employers in making hiring and retention decisions may be discriminatory.
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Hammerle on ... 'Fruitvale Station' and 'The Conjuring'

August 14, 2013
Robert Hammerle
In this issue, Robert Hammerle reviews "Fruitvale Station" and "The Conjuring."
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Disciplinary Action - 8/14/2013

August 14, 2013
IL Staff
Read who has recently been suspended by the Indiana Supreme Court, received a public reprimand or resigned.
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In Brief - 8/14/2013

August 14, 2013
The IL Daily delivers legal news to your email inbox. In case you missed it, following is a recap of some of the stories reported online since the last issue of Indiana Lawyer. Subscribe to IL Daily to receive this news as it happens.
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Pending petition for child support becomes applicable after Legislature amends statute

August 13, 2013
Marilyn Odendahl
A trial court will have to reconsider its ruling in a child support dispute in light of a state law that was changed while an appeal of the case was pending.
 
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Observation and training provided 'reasonable suspicion' to conduct traffic stop

August 13, 2013
Marilyn Odendahl
A man’s voluntary confession that he was a habitual traffic violator is admissible even though he had not broken any laws when the sheriff’s deputy pulled him over.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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