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Conviction splits COA in determining actions of a ‘reasonable person’

July 16, 2013
Marilyn Odendahl
In affirming the conviction of a man who violated a no-contact order, the Indiana Court of Appeals split over what a “reasonable person” would have done in similar circumstances.
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Appeals court cites apparent authority to affirm auction sale

July 16, 2013
Dave Stafford
The sale of Noble County lake and farm property at auction is valid even though some siblings in a family limited liability corporation objected because reserve prices hadn’t been met, the Indiana Court of Appeals ruled in affirming the trial court.
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COA finds argument that documents were ambiguous is really ‘a failure to read’

July 16, 2013
Marilyn Odendahl
A real estate investor who argued that he should not be held personally liable because the loan documents were ambiguous was reminded by the Indiana Court of Appeals that “a failure to read does not equate with an ambiguity….” 
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Rear-ended motorist found 70 percent liable wins on appeal

July 16, 2013
Dave Stafford
A jury that found a Kokomo motorist 70 percent at fault when his vehicle sitting at an intersection was rear-ended misread the law, as did a judge who instructed jurors, the Indiana Court of Appeals ruled.
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Labor and employment attorney named 2013 Legendary Lawyer

July 16, 2013
Marilyn Odendahl
Retired Indianapolis attorney Henry C. Ryder has been selected to receive the Indiana Bar Foundation’s 2013 Legendary Lawyer Award.
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Commission on Courts to consider Vanderburgh magistrate, bail issues

July 15, 2013
IL Staff
The Indiana Commission on Courts will meet Thursday to hear a request for an additional magistrate in Vanderburgh Circuit Court and to review the state’s bail surety system.
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Criminal convictions and financial penalties do not violate double jeopardy

July 15, 2013
Marilyn Odendahl
A business owner will have to serve his sentence after the Indiana Court of Appeals rejected his argument that his criminal convictions and financial penalties imposed for failing to pay taxes violated double jeopardy principles.
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Justices take 4 cases, deny 21

July 15, 2013
Dave Stafford
The Indiana Supreme Court will hear an appeal of a case in which the Indiana Court of Appeals ruled that a public school construction project built through a foundation should have been subject to public bidding requirements.
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2 new magistrates appointed in Hendricks County

July 15, 2013
IL Staff
The Hendricks Superior Court is welcoming two new judges to the bench. Attorneys Tammy Somers and Michael “Joe” Manning have been appointed as magistrates for the Superior Court. Somers accepted the position effective July 1, 2013. Manning accepted the position effective Aug. 5, 2013.
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Judge accepts Conour plea; IU will use funds donated by ex-lawyer to help victims

July 15, 2013
Dave Stafford
Now that former high-profile personal-injury attorney William Conour has pleaded guilty to accusations that he defrauded dozens of clients of more than $4.5 million, his victims hope for some measure of restitution. At least a fraction of the loss will be covered by the law school to which Conour gave $450,000.
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Legal services provider partners with nonprofit to help homeless veterans

July 12, 2013
Marilyn Odendahl
A partnership between two Indianapolis nonprofits will provide for the first time ongoing legal services to homeless veterans working to become self-sufficient.
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7th Circuit won’t excuse IMPD officer from wrongful arrest, excessive force suit

July 12, 2013
Dave Stafford
A man’s federal lawsuit against two Indianapolis Metropolitan Police Department officers and the city will go forward after a federal judge rejected one officer’s interlocutory appeal.
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BMV announces credits for overcharged motorists

July 12, 2013
Dave Stafford
Indiana motorists who overpaid for driver’s licenses over the past six years will get the money back in the form of a credit on their next transaction at the Bureau of Motor Vehicles, the agency announced Friday.
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Hamilton County attorney drunken-driving charges include a felony

July 12, 2013
IL Staff
A Barnes & Thornburg LLP attorney arrested July 7 on suspicion of drunken driving in Hamilton County faces two charges from the incident, including a Class D felony because of a prior conviction.
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Judge finds Apple conspired to raise e-book prices

July 11, 2013
Jennifer Nelson
A judge in the U.S. District Court for the Southern District of New York ruled Wednesday that Apple Inc. colluded with major U.S. publishers to artificially raise the retail prices of e-books.
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7th Circuit affirms drug convictions, sentence

July 11, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld an Indiana man’s convictions and 360-month sentence for drug-related offenses, rejecting his claims that his right to a speedy trial was violated and the starting time of his offenses was incorrectly determined by the District Court.
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Man accused of violating city ordinances entitled to jury trial

July 11, 2013
Jennifer Nelson
Because the underlying substantive claims brought against an Indianapolis man regarding his treatment of his dog are quasi-criminal, he is entitled to a jury trial under the Indiana Constitution, the Indiana Court of Appeals has ruled.
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COA: Surrogate can not petition to disestablish maternity

July 11, 2013
Jennifer Nelson
A married woman who acted as a surrogate for another couple cannot petition to disestablish her maternity because it would cause the child to be “declared a child without a mother,” the Indiana Court of Appeals determined on interlocutory appeal.
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Associate survey places Taft, Ice Miller, FBD in top Midwest 15 firms

July 11, 2013
IL Staff
Vault.com’s annual ranking of law firms has landed three firms with Indiana ties in the top 15 in the Midwest, according to associates who work in this region.
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COA affirms $1,380 restitution order for missing CDs, coins

July 11, 2013
Jennifer Nelson
The Indiana Court of Appeals held Thursday that a trial court did not err in letting the state present evidence of a victim’s loss for the first time at a restitution hearing. It affirmed an order that Kenneth Smith pay $1,380 to William Kirkham for missing CDs and coins.
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Server’s electronic tip alteration is forgery, COA rules

July 11, 2013
Jennifer Nelson
A Logan’s Roadhouse server who used a computer to alter the amount of tip a customer left for her on a credit card can be convicted of forgery, the Indiana Court of Appeals affirmed Thursday.
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Attorney says Washington nonprofit’s complaints are part of ‘smear’ campaign

July 10, 2013
Jennifer Nelson
Terre Haute conservative attorney James Bopp Jr. says that an IRS whistleblower suit and other complaints alleging Bopp has diverted funds from the nonprofit James Madison Center for Free Speech to his law firm are part of a “smear machine” by Citizens for Responsibility and Ethics in Washington.
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Gay student settles with school system over claims of harassment

July 10, 2013
Jennifer Nelson
A gay Indianapolis high school student who was expelled last year for using a device that emits an electric charge to defend himself from bullies has settled his lawsuit against Indianapolis Public Schools for failing to protect him.
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Faegre Baker Daniels seeks applicants for diversity fellowship program

July 10, 2013
IL Staff
Faegre Baker Daniels LLP is now accepting applications for its 2014 Diversity & Inclusion Fellowship program. The fellowships provide experience and mentorship to second-year law students in one of firm’s seven offices.
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Lawyer accused of staging shooting avoids trial

July 10, 2013
Dave Stafford
A southern Indiana attorney accused of staging his shooting a little more than a year ago will avoid a trial that had been scheduled to begin Wednesday. The attorney will enter a guilty plea next month, but attorneys involved with the case said they won’t disclose details.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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