Latest News

Judges affirm rulings in Iraq name-selling case

April 26, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the District Court's decisions in the appeals by the central Indiana man who tried to sell the names of CIA agents working covertly in Iraq shortly before the U.S. invaded the country in 2003.
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Tax court rules on inheritance issue

April 23, 2010
Jennifer Nelson
In Indiana, a person adopted pre-emancipation can't be considered a Class A transferee beneficiary for inheritance tax purposes, the Indiana Tax Court ruled Thursday afternoon in an issue of first impression.
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Judges reverse protection order

April 22, 2010
Jennifer Nelson
A protection order under Indiana Code Section 34-26-5 against a woman should not have been issued because there was no evidence of domestic violence, stalking or a sex offense as required by statute, the Indiana Court of Appeals ruled today.
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Senate confirms Capp as U.S. Attorney

April 22, 2010
Michael Hoskins
The U.S. Senate today unanimously confirmed David A. Capp as U.S. Attorney for the Northern District of Indiana, about four months after his initial selection for the post.
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Court split on burglary tipster issue

April 22, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police was sufficient by itself to justify a police officer's stop of a juvenile.
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Full appeals court decides on IPAS case

April 22, 2010
Michael Hoskins
Nine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding mentally ill inmates, finding an independent state agency had a right to sue on those issues.
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COA discusses jury-selection procedures

April 21, 2010
Jennifer Nelson
Despite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.
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Lawyer, exonoree to speak at law school

April 21, 2010
IL Staff
An attorney and the wrongly accused man he helped to free from prison will speak at Notre Dame Law School Thursday.
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Justices rule on casino land-ownership dispute

April 20, 2010
Michael Hoskins
A land-ownership dispute about an Ohio River riverboat-casino docking site is the subject of an Indiana Supreme Court ruling today, touching on land deeds from the 1800s and who had the right to use and give away ownership of less than an acre of land.
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SCOTUS declines to take Indiana case

April 20, 2010
Michael Hoskins
The nation's highest court refused to take an Indiana case involving a national insurance crime bureau worker's claim that he was a federal employee rather than an independent contractor when he helped with the prosecution of an insurance case.
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New foreclosure-prevention initiative announced

April 20, 2010
Rebecca Berfanger
To encourage more eligible Hoosiers to participate in settlement conferences when facing mortgage foreclosures, a new program involving the Indiana Supreme Court and the Indiana Foreclosure Prevention Network was announced today in Fort Wayne.
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Committee seeks comment on parenting time

April 20, 2010
IL Staff
The Judicial Conference of Indiana's Domestic Relations Committee is accepting comments on the state's parenting time guidelines as it reviews them. The committee is encouraging comments from judicial officers, attorneys, parents, professionals who work with children, and members of the public.
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Judges uphold child pornography sentence

April 19, 2010
Jennifer NelsonMore

Plaintiff loses federal challenges to voter ID law

April 19, 2010
Jennifer Nelson
A federal judge ruled against a Cumberland man in his federal challenge to Indiana's voter identification law, but did remand his pending state claims to a Marion Superior Court for consideration.
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7th Circuit reverses ruling on police excessive force

April 16, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has decided that a prisoner should have the chance to proceed on a federal claim of police using unreasonable force during and after his arrest for which he's been convicted at the state level.
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Justices reaffirm precedent on worker's comp claims

April 16, 2010
Michael Hoskins
The Indiana Supreme Court has upheld a decision by the state Worker's Compensation Board dismissing an injured trucker's claim, finding the employee's settlement with a third-party driver voided whatever responsibility the company had on the issue.
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Court: Medical record loss is negligence

April 16, 2010
Michael Hoskins
If a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.
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COA decides sex offender registration plea case

April 16, 2010
Michael Hoskins
The Indiana Court of Appeals today declined to ignore a year-old precedent from the state's highest court about sex offender registration, finding that the ruling still applies to cases where an offender once signed a plea agreement requiring him to follow lesser registration requirements.
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COA rules on first impression railroad issue

April 15, 2010
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries he sustained while employed with a transportation company.
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U.S. News & World Report ranks law schools

April 15, 2010
Michael Hoskins
An annual report ranking the nation's law schools put Indiana's programs much in the same position as they were last year in terms of tuition and enrollment.
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Jury not properly instructed at man's trial

April 15, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful entry into his home.
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Justices rule on in-state, out-of-state police actions

April 15, 2010
Michael Hoskins
The Indiana Supreme Court has upheld its own law enforcement practices, but leaves those of Alabama's police and judiciary out in the cold.
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Brizzi regrets perception damage

April 14, 2010
Michael Hoskins
If he had it to do over again, Marion County Prosecutor Carl Brizzi said he wouldn't get involved in a real estate deal with a local criminal defense attorney.
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COA: Inmate must pay filing fees

April 14, 2010
Rebecca Berfanger
The Indiana Court of Appeals has ruled today on another case filed by a New Castle Correctional Facility inmate who had filed at least 50 civil actions.
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Valparaiso law professor recognized for consumer advocacy

April 14, 2010
Rebecca Berfanger
A Valparaiso University School of Law professor was among three professors and four members of Congress honored with the Champion of Consumer Rights Award by the National Association of Consumer Bankruptcy Attorneys Tuesday.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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