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DCS director to speak before drug task force

July 25, 2016
IL Staff
Indiana Department of Child Services director Mary Beth Bonaventura is scheduled to discuss child mental health and substance abuse issues at the Governor’s Task Force on Drug Enforcement, Treatment and Prevention Tuesday at Community Hospital East.
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Lake Michigan property line dispute arguments set

July 25, 2016
Dave Stafford
A dispute over whether the public has a right to walk the beach along Lake Michigan or private property extends to the water’s edge will be heard by the Indiana Court of Appeals Sept. 5.
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Man’s resisting conviction after domestic violence call reversed

July 25, 2016
Dave Stafford
Police responding to a domestic violence call weren’t legally exercising their duties when they entered the alleged perpetrator’s house without his consent, used a Taser on him and charged him with resisting law enforcement, the Indiana Court of Appeals ruled Monday.
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Farmers win reversal in drainage appeal against town

July 25, 2016
Dave Stafford
Montgomery County farmers who claimed work done by a town to improve its stormwater drainage ruined their acreage won reversal Monday of a trial court ruling against them.
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Elkhart teacher loses age-discrimination appeal

July 25, 2016
The 7th Circuit Court of Appeals on Friday rejected an appeal of an Elkhart teacher who claimed the school system discriminated against her on the basis of her race and age in denying her 12 different promotions over a span of eight years.
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Most Indiana youths convicted of murder get adult sentence

July 25, 2016
 Associated Press
Indiana Department of Correction data shows the vast majority of youths found guilty of murder in the state are sentenced as adults.
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Howard County jail population surges

July 25, 2016
 Associated Press
The Howard County jail has seen a population increase of nearly 100 more inmates from this time last year, 40 of whom are the result of legislation meant to ease the Indiana Department of Correction's burden.
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Man’s ineffective assistance of counsel claim fails

July 22, 2016
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s assertion that he received ineffective assistance of counsel because his attorney didn’t object to the validity of the order placing him on probation.
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COA admonishes prosecutor’s misconduct, doesn’t reverse conviction

July 22, 2016
Dave Stafford
A prosecutor’s suggestion to the jury during an attempted rape trial that a defense attorney influenced a witness was misconduct, but not sufficient to warrant reversal of the defendant’s conviction, the Indiana Court of Appeals ruled Friday. But the court also called out the prosecutor and warned him.
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Reversal: HHGregg prevails in appeal over managers’ bonuses

July 22, 2016
Dave Stafford
HHGregg senior managers are not entitled to share in $40 million in life insurance proceeds from the 2012 death of executive chairman of the board Jerry Throgmartin, the Indiana Court of Appeals ruled Friday, reversing a trial court ruling in the managers’ favor.
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COA: Buyers had notice property was under lease

July 22, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed that because sellers of a Crawford County property had recorded their assignment of lease in the recorder’s office, buyers of the property had actual or constructive notice that the sellers didn’t own the land.
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Marion County judge moves civil forfeiture case forward

July 22, 2016
Marilyn Odendahl
A case challenging civil forfeitures by Indianapolis police and the prosecutor’s office will be able to move forward after Marion Superior Court denied the defendants’ motion to dismiss earlier this week.
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Wal-Mart shoplifter’s resisting conviction affirmed

July 22, 2016
Dave Stafford
A man who fled from police and later was arrested after he and another man had been spotted allegedly shoplifting from a Lafayette Wal-Mart store was properly convicted of Class A misdemeanor resisting law enforcement, the Indiana Court of Appeals ruled Friday.
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COA tosses feticide conviction, says statute doesn’t apply to self abortion

July 22, 2016
Jennifer Nelson
The Indiana Legislature did not intend for the state’s feticide statute to apply to pregnant women or illegal abortions, including the one a northern Indiana woman executed by taking drugs ordered from Hong Kong, the Court of Appeals held Friday.
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Courtroom named in honor of Judge Sarah Evans Barker

July 21, 2016
IL Staff
In recognition of District Judge Sarah Evans Barker’s more than 30 years of service on the federal bench, the U.S. District Court for the Southern District of Indiana has named a courtroom in her honor.
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COA upholds mother’s neglect conviction for causing son’s health issues

July 21, 2016
Jennifer Nelson
The Indiana Court of Appeals, acknowledging differing expert testimony in a mother’s neglect of a dependent case, declined to reweigh the evidence and upheld her Class B felony conviction.
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Justices disbar Goshen attorney for UPL while suspended

July 21, 2016
Jennifer Nelson
The Indiana Supreme Court has decided the sanction for a Goshen attorney’s repeated practice of law while suspended: disbarment.
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Appeals court sends request for benefits back to Social Security office

July 21, 2016
Jennifer Nelson
A federal court in Indianapolis never should have affirmed the denial of Supplemental Security Income sought by an intellectually disabled woman because the administrative law judge’s decision was unsupported by the record, the 7th Circuit Court of Appeals held Wednesday.
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Justices uphold Jay County teachers’ CBA

July 21, 2016
Jennifer Nelson
In a 4-1 decision, the Indiana Supreme Court affirmed the last best offer made by the Jay School Corp. regarding a collective bargaining agreement for the 2013-14 school year. The teachers took issue with a provision involving the salary of teachers hired mid-school year.
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Woman sues state over untimely insurance enrollment

July 21, 2016
IL Staff
A lawsuit filed Thursday alleges the state ignored federal law requiring it to provide health insurance coverage within a reasonable time frame and must retroactively pay for an Elletsville woman’s medical bills.
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Recommendation of plea document passes ‘duck test’

July 21, 2016
Jennifer Nelson
Citing the “duck test” credited to Hoosier poet James Whitcomb Riley, the Indiana Court of Appeals held that a “recommendation of plea” document was a plea agreement the trial judge was free to accept or reject.
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Judges affirm grant of senior living facility’s arbitration motion

July 21, 2016
Jennifer Nelson
Although a senior living facility “inexplicably” failed to keep a copy of an arbitration agreement signed by a resident, the facility produced enough extrinsic evidence to conclude an enforceable arbitration agreement exists, the Indiana Court of Appeals ruled.
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COA: Woman, not bank, entitled to foreclosure surplus funds

July 21, 2016
Jennifer Nelson
A trial court misapplied the law regarding disbursement of surplus sale proceedings from a sheriff’s sale when it ordered the full surplus to the bank that owned the first mortgage on the home, the Indiana Court of Appeals held. The law requires the surplus to go to the mortgage debtor.
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Feds sue Anthem, Cigna to block $48B merger

July 21, 2016
 Bloomberg News, IBJ Staff
U.S. antitrust enforcers on Thursday roundly rejected a pair of proposed deals that would consolidate the nation’s five biggest health insurers into just three.
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DCS agrees more caseworkers needed, argues against suit

July 20, 2016
Indiana’s Legislature and governor have failed to provide resources to ensure sufficient case managers to protect children and families, a lawyer representing the Department of Child Services told the Indiana Court of Appeals Wednesday. But she argued a caseworker’s lawsuit against the agency was the wrong way to enforce state law requiring those workers have no more than 17 cases each.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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