Latest News

Judges dismiss interlocutory appeal in Weinberger suit as untimely

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals has dismissed a patient’s interlocutory appeal in his medical malpractice lawsuit against former doctor Mark Weinberger and related entities, finding it has no jurisdiction to entertain the appeal.
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COA: Twins to remain with guardian, not grandmother

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed a lower court’s ruling that twins from northern Indiana may be adopted by their guardian in Bloomington over the objections of the children’s father and paternal grandmother.
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COA dismisses battery appeal as untimely

February 18, 2014
Jennifer Nelson
The Marion County man who challenged his sexual battery and battery convictions had his appeal dismissed sua sponte by the Indiana Court of Appeals because his appeal was untimely.
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Judges reject man’s Department of Toxicology claims

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.
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Justices decline to take Holiday World dispute

February 18, 2014
Jennifer Nelson
The Indiana Supreme Court will let stand the ruling that 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. The justices declined transfer to the legal dispute which arose in the Koch family following Will Koch’s death.
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Same-sex marriage amendment passes Senate

February 18, 2014
IL Staff
The resolution seeking to ban same-sex marriage in the Indiana Constitution passed the Senate Monday, meaning the soonest voters may have a say in the matter is 2016.
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NIPSCO loses appeal of reinstatement of driving privileges

February 17, 2014
Jennifer Nelson
The Northern Indiana Public Service Company was unable to convince the Indiana Court of Appeals that a lower court erred when it reinstated the driving privileges of two people who had been involved in car accidents that damaged NIPSCO’s property.
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COA: Woman’s conduct is harassment, not intimidation

February 17, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a woman’s misdemeanor intimidation conviction stemming from her communications with the wife of her baby’s father. The court held that the state was unable to prove she committed intimidation as charged.
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Valpo attorney charged with $1.6M theft held in contempt in civil suit

February 17, 2014
Dave Stafford
A Porter County lawyer allegedly stole more than $1.6 million from four companies owned by a client he represented for decades, according to criminal charges filed against him.
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Man’s 10-year cocaine sentence upheld by 7th Circuit

February 17, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that the drugs seized at his home with a warrant following his arrest should have been excluded from determining his sentence after the District judge ruled the warrant was invalid.
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Judges: No credit time for repeatedly violating supervised release

February 17, 2014
Jennifer Nelson
In a case of first impression for the 7th Circuit Court of Appeals, the court agreed with its fellow Circuit courts that prior time served for violations of supervised release is not credited toward nor limits the statutory maximum a court may impose for subsequent violations of supervised release pursuant to 18 U.S.C. Section 3583(e)(3).
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Gifts to IU McKinney enabling school to establish endowed chair and fellowship

February 17, 2014
IL Staff
The Indiana University Robert H. McKinney School of Law is endowing its first faculty chair made possible by the gift from school’s namesake donor.
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Southern District testing inclusion of links in documents

February 14, 2014
IL Staff
The U.S. District Court for the Southern District of Indiana announced this week that it is beginning a pilot program that will let the court and attorneys include active hyperlinks within e-filed and court-issued documents.
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COA finds dismissal of judicial review petition not warranted

February 14, 2014
Jennifer Nelson
Noting that the Indiana Supreme Court has been divided on this issue – but will take it up soon – the Indiana Court of Appeals has held that it could review the dismissal of a petition for judicial review even though the company filing the petition did not file a complete, certified agency record.
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Woman’s convictions are crimes of violence, justifying sentence

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed with the state Thursday that a woman’s Class D felony drunken-driving convictions are considered “crimes of violence” under Indiana law, so there was no error when the trial court imposed a seven-year consecutive sentence.
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Wabash fraternity must face alleged hazing-injury claim

February 13, 2014
Dave Stafford
A freshman pledge’s personal-injury claim resulting from what he alleged was a hazing incident at Wabash College may proceed against the campus fraternity, and he may seek compensatory and punitive damages, the Indiana Supreme Court ruled Thursday, overturning lower court rulings.
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Appeals court: IBM materially breached contract with state

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed a Marion County judge’s finding that IBM did not materially breach the contract it had with the state to modernize its welfare system. As a result, the appeals court ordered a determination of damages to the state.
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Man gets partial win on appeal, still must pay for damaging woman’s home

February 13, 2014
Jennifer Nelson
The man who purchased 2.28 acres of land in a foreclosure sale must pay for the damage he caused by taking the law into his own hands in trying to evict a woman living in a mobile home on the property, the Indiana Court of Appeals ruled. But, the court reversed summary judgment in favor of the woman on adverse possession, prescriptive easement and trespass claims.
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COA finds portion of public intoxication statute unconstitutionally vague

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has found that the portion of the public intoxication statute enacted in 2012 that uses the term “annoys” is void for vagueness. As such, it reversed a man’s conviction for public intoxication that was based on annoying behavior.
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Mock trial program to become part of Indiana Bar Foundation

February 13, 2014
IL Staff
Indiana’s Mock Trial competition will soon have a new home at the Indiana Bar Foundation.
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COA reverses piercing of corporate veil, but upholds slander of title finding

February 12, 2014
Jennifer Nelson
A Hendricks County storage facility’s claims of breach of contract and slander of title were affirmed on appeal against a contractor hired by the facility to provide excavation services. The Indiana Court of Appeals reversed the piercing of Country Contractors Inc.’s corporate veil to find its two shareholders personally liable.
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Justices: Facts don’t justify subjecting family to CHINS proceeding

February 12, 2014
Jennifer Nelson
The Indiana Supreme Court reversed the finding that a child with special needs is a child in need of services after ruling that the circumstances of this case don’t support that the mother needed the court’s coercive intervention to address concerns in the CHINS petition.
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Marion County clerk to marry couples for good cause

February 12, 2014
IL Staff
It’s nearly Valentine’s Day, and some couples will be tying the knot on the most romantic day of the year. For those who’d like to get married on Valentine’s Day but haven’t yet booked a venue, Marion County Clerk Beth White will marry couples Friday in an effort to raise money for the American Heart Association’s “Go Red for Women” campaign.
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Ex-IMPD officer pleads guilty to drunken driving

February 12, 2014
IL Staff
Former Indianapolis Metropolitan Police officer David Bisard has pleaded guilty to operating a motor vehicle while intoxicated as a Class A misdemeanor. The sentence will be served consecutively to the 16-year sentence he is currently serving for a 2010 crash that killed one motorcyclist and injured two others.
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Proposed criminal justice complex draws 5 bidders

February 12, 2014
Kathleen McLaughlin
Five groups of developers have responded to Indianapolis' call for candidates to build a new criminal justice complex.
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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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