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Walking down sidewalk while drunk does not meet new conditions for public intox, COA rules

October 8, 2013
Marilyn Odendahl
Four criteria added to the state’s public intoxication statute in 2012 presented the Indiana Court of Appeals with a question of first impression when it considered a man’s arrest for being drunk in a public place.
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Legal aid group, IndyBar, church to join for refugee Green Card effort

October 8, 2013
IL Staff
About 70 refugees from at least seven nations are expected to receive free legal help this weekend thanks to efforts of the Neighborhood Christian Legal Clinic, the Indianapolis Bar Association, Grace Community Church and other volunteers.
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COA reverses involuntary termination order for a second time

October 8, 2013
Marilyn Odendahl
The Indiana Court of Appeals sharply rebuked a trial court as having “committed clear error” by relying on old evidence and testimony in terminating a Vanderburgh County couple’s parental rights.
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Justices take appeal over who pays DCS record fee

October 7, 2013
Dave Stafford
A litigant whose award of $1,200 against the Department of Child Services for the cost of preparing an agency record was reversed by the Court of Appeals will have his case heard by the Indiana Supreme Court.
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Firm must defend deceased lawyer’s ‘inflammatory’ counterclaim

October 7, 2013
Dave Stafford
Litigation that has outlived an attorney who filed a counterclaim accusing a northwest Indiana construction company of racketeering, among other things, still could cost the late lawyer’s former firm.
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Suspect’s disheveled appearance, not GPS, led to drug discovery

October 7, 2013
Marilyn Odendahl
A suspect’s attempt to pull up his unbuckled and falling pants as he stepped from his car negated any taint on the evidence caused by local law enforcement placing a GPS on his vehicle.
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Appeals court tosses injunction tied to non-compete clause

October 7, 2013
Dave Stafford
Terms of a non-compete clause in an agreement between an IT recruiter and his former employer are unreasonable, the Indiana Court of Appeals ruled Monday in throwing out an injunction that barred the recruiter from similar employment.
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Dickson to urge service as Pro Bono Month kicks off

October 4, 2013
IL Staff
Indiana Chief Justice Brent Dickson will address the importance of charitable legal work as judges and lawyers around the state plan events coinciding with October’s Pro Bono Month.
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Cappas appointed Lake Superior judge

October 4, 2013
IL Staff
Longtime Highland criminal defense attorney Sam Cappas has been appointed judge in the Lake Superior Criminal Division.
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Holiday World widow does not have to sell shares, COA rules

October 3, 2013
Marilyn Odendahl

The widow and children of the late William Koch Jr., can keep their shares in the southern Indiana theme park, Holiday World and Splashin' Safari, after a ruling by the Indiana Court of Appeals concluded that William’s brother, Dan Koch, and Koch Development Corp. offered too little money for the shares.

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Appeals court partially reinstates colonoscopy malpractice claim

October 3, 2013
Dave Stafford
A northern Indiana court inappropriately granted summary judgment in favor of a doctor and medical practice defending a suit brought by a patient who claimed negligence after a colonoscopy, a divided panel of the Indiana Court of Appeals ruled.
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Habitual offender amendment after jury empaneled ruled error

October 3, 2013
Dave Stafford
A habitual offender enhancement for a man convicted of robbery cannot stand because the state amended the underlying charges after a jury was empaneled, the Indiana Court of Appeals ruled.
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Clarifications of statute still keep burden of proof on county assessor

October 3, 2013
Marilyn Odendahl
A county assessor’s attempt to shift the burden of proof onto a landowner in a dispute over a property assessment that increased more than 5 percent failed to convince the Indiana Tax Court.
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‘Living as if a spouse’ permits woman’s domestic battery conviction

October 3, 2013
Dave Stafford
A married woman convicted of domestic battery against a man with whom she was involved in an on-again, off-again romantic relationship couldn’t persuade an appeals court that it was a stretch to apply the criminal statute in her situation.
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Ex-college football players sue NCAA, helmet makers on concussion claims

October 3, 2013
IL Staff
Two former University of Washington football players are seeking class-action certification for brain-injury claims against the NCAA and helmet makers, including Riddell Inc.and All-Sports Corp.
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Annual survey finds fewer law school admissions and applications

October 2, 2013
Marilyn Odendahl
A majority of law schools across the United States are cutting their admissions for the second year in a row and a significant portion expect to continue the reduction in class size next year, according to the 2013 Kaplan Test Prep law school survey released Oct. 1.
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Legislature’s criminal law and courts committees continue interim studies

October 2, 2013
IL Staff
Indiana legislative study committees examining the criminal code and courts will hold separate hearings on Oct. 8 at the Indiana Statehouse.
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Justices to weigh civil court rulings in criminal wrongful death case

October 1, 2013
Dave Stafford
A Lake County civil case filed against a driver who hit a woman causing fatal injuries will go before the Indiana Supreme Court to determine whether the court’s preliminary motions delaying the case were proper.
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Misplaced court order not the same as undelivered, COA rules

October 1, 2013
Marilyn Odendahl
Reviewing an appeal arising from a misplaced court order, the Indiana Court of Appeals has made clear that relief under Indiana Trial Rule 72(E) requires evidence that counsel did not receive the court’s notice.
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Indecision over peremptory challenge waives defendant’s ability to appeal

September 30, 2013
Marilyn Odendahl
A defense counsel’s courtroom debate over how to use his final peremptory strike prohibited the defendant from appealing the trial court decision to retain a juror who raised concerns about impartiality.
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Failure to object to anonymous jury not ineffective assistance

September 30, 2013
Dave Stafford
A man convicted of murdering his 39-week-pregnant estranged wife cannot claim he received ineffective assistance of counsel because his attorney failed to object to an anonymous jury, the Indiana Court of Appeals ruled Monday.
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Ruling: Magistrate improperly heard support case assigned to special judge

September 30, 2013
Dave Stafford
A father whose lawyer was surprised to see a magistrate presiding at his child support modification hearing that had been docketed with a special judge won a new hearing from the Indiana Court of Appeals on Monday.
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No cash refund required for defective chest of drawers, COA rules

September 30, 2013
Marilyn Odendahl
Although the Indiana Court of Appeals noted that the adage “buyer beware” did not apply, it still found that a customer who discovered a defect in a piece of furniture after purchase was not entitled to a cash refund.
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Justices decline to suspend Marion Superior judge, appoint masters

September 30, 2013
Dave Stafford
The Indiana Supreme Court on Monday declined to suspend Marion Superior Judge Kimberly Brown over a 45-count disciplinary complaint lodged against her, but appointed three special masters to hear the case on an expedited basis.
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Small-claims change of judge time limit further divides appellate courts

September 30, 2013
Dave Stafford
How long a small-claims court litigant has to request a change of judge is a question that divided a Court of Appeals panel Monday, where a majority found that an earlier appellate panel majority got it wrong. The dissenting judge authored the prior opinion, and said it shouldn’t be disturbed even if it may have been wrongly decided.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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