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7th Circuit: Child porn victims must prove defendant shared images to receive monetary damages

November 15, 2012
Dave Stafford
Two victims who received restitution judgments of $3.367 million and $965,827 must prove the defendant convicted of multiple federal child pornography counts uploaded images of them.
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Off-duty police officer’s stop and frisk violated Fourth Amendment

November 15, 2012
Marilyn Odendahl
The stop, search and subsequent discovery of drugs violated the Fourth Amendment’s protection against unreasonable searches even though the police officer was off duty at the time of the incident, the Indiana Court of Appeals has ruled.
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Courts to mark National Adoption Day

November 15, 2012
Dave Stafford
Judges in three Indiana courts will observe National Adoption Day on Friday by presiding over several uncontested adoptions and opening their courtrooms for media coverage of the events.
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Court affirms termination of parental rights for drug-using mom, dad

November 15, 2012
Dave Stafford
A mother who used methamphetamine while pregnant and continued to abuse drugs after her children were judged in need of services was properly denied parental rights, as was the children’s often-absent father, the Indiana Court of Appeals ruled Thursday.
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Southern District proposes mandatory e-filing, pro hac rule changes

November 15, 2012
Dave Stafford
Nearly all federal court filings in the Southern District will have to be done electronically under local rule changes proposed for the U.S. District Court for the Southern District of Indiana.
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Appeals court rules wrong state law applied in truck crash, but result is same

November 15, 2012
Dave Stafford
A trial court erroneously applied Georgia law in a lawsuit brought by a truck driver injured in a collision in West Virginia, but correctly applied Indiana law yielded the same result, the Indiana Court of Appeals ruled Thursday.
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Owners of foul-smelling washing machines granted class certification by 7th Circuit

November 14, 2012
Marilyn Odendahl
The 7th Circuit Court of Appeals in Chicago has granted class certification to owners of odor-emitting Kenmore washers, allowing their lawsuit against Sears, Roebuck and Co. to go forward. 
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Zoeller, Merritt tour campuses, promote Lifeline law

November 14, 2012
The Indiana state senator who sponsored a law that aims to protect minors from arrest when they seek medical attention for alcohol-related emergencies is joining Indiana Attorney General Greg Zoeller in spreading the word on college campuses.
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COA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing

November 14, 2012
Marilyn Odendahl
A convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s contention as “pure conjecture supported by nothing in the record.”
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Divided COA allows suit after wage claim fails at Department of Labor

November 14, 2012
Dave Stafford
A worker who left employment at a Columbus construction company may pursue his wage claim in court after his complaint had been assigned to the Indiana Department of Labor, a divided panel of the Indiana Court of Appeals ruled.
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Supreme Court upholds trial court’s ruling on professor’s dismissal

November 13, 2012
Marilyn Odendahl
Despite a professor’s claim that he was in a joyous mood when he interacted with a colleague and his actions were harmless, the Indiana Supreme Court upheld his dismissal from his tenured teaching position.
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Rush to take lead on proposed Commission on Children, juvenile panels

November 13, 2012
Dave Stafford
Justice Loretta Rush is poised to take a leading position on matters of juvenile law and head a proposed Indiana Commission on Children, according to an order of the Indiana Supreme Court issued Tuesday.
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Supreme Court takes 2 cases, rejects 17

November 13, 2012
IL Staff
The Indiana Supreme Court took two not-for-publication cases last week and denied transfer in 17 other cases.
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Justices: COA overreached on reversing trial court custody ruling

November 13, 2012
Dave Stafford
The Court of Appeals got it wrong when it reversed a trial court custody modification in favor of a child’s father, the Indiana Supreme Court ruled Tuesday in one of the first opinions joined by Justice Loretta Rush.
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SCOTUS to hear Ball State discrimination complaint

November 12, 2012
IL Staff
A food service worker at Ball State University who claims that the college bears responsibility for racial discrimination by coworkers will have her case heard this month by the Supreme Court of the United States.
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Retired Knox County judge leaves legacy of helping youth

November 12, 2012
IL Staff
Retired Knox County judge and civic leader Edward Charles Theobald died Nov. 9.
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COA to hear challenge to sex offender monitoring program

November 12, 2012
IL Staff
An Allen County man’s argument that the state’s Sex Offender Management and Monitoring Program is unconstitutional will be heard Tuesday by a panel of the Indiana Court of Appeals.
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Feds charge 8 more NW Indiana gang members

November 9, 2012
IL Staff
Federal prosecutors on Friday charged eight alleged Imperial Gangsters street gang members in a 41-count indictment that expands on previous homicide and drug trafficking charges.
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Five indicted on Medicaid fraud charges

November 9, 2012
Dave Stafford
Federal prosecutors this week indicted five people and three affiliated companies on charges of defrauding Medicaid of millions of dollars, according to the office of U.S. Attorney for the Northern District of Indiana David Capp.
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Appeals court finds for insurer in worker’s comp case where victim’s mother died

November 9, 2012
Dave Stafford
The mother of an injured worker whose estate claims she died due to emotional distress caused by an insurer’s handling of her son’s case cannot directly sue the insurer before exhausting the regulatory process, the Indiana Court of Appeals ruled Friday.
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IndyBar to offer free legal advice Nov. 13

November 9, 2012
IL Staff
Attorneys from the Indianapolis Bar Association will offer free legal advice through Legal Line, a call-in service, from 6 to 8 p.m. Tuesday. The number to call is 317-269-2000.
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Man not required to register in Indiana for Illinois crime

November 8, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled it’s a violation of the ex post facto provision of the state’s constitution to require a man who committed a sex crime in Illinois, but now lives in Indiana, to register in Indiana because the laws requiring him to register in both states were enacted after he committed the crime in Illinois.
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Bankruptcy filings down across US, Indiana

November 8, 2012
IL Staff
Bankruptcy cases filed in federal courts for the 12-month period ending Sept. 30 were down 14 percent as compared to fiscal year 2011, the Administrative Office of the U.S. Courts announced Wednesday. Filings are down more than 11 percent in the Northern and Southern District courts of Indiana.
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Greenfield seminar to focus on public access laws

November 8, 2012
Attorneys can get two hours of free continuing legal education credit at a public access seminar next week in Greenfield, the last in a statewide series this year. The event is open to the public and will focus on Indiana’s public records and open government meeting laws.
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Justices take case, revise sentence

November 7, 2012
Jennifer Nelson
In a divided per curiam opinion released Wednesday, the Indiana Supreme Court granted transfer to a case and agreed that a man’s aggregate sentence for criminal recklessness and criminal mischief should be revised to four years. 
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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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