Laws

Daughter's emancipation upheld; COA advises on forthcoming child-support changes

June 8, 2012
Dave Stafford
A 20-year-old woman will remain emancipated from her divorced parents after the Indiana Court Appeals on Friday upheld a Howard Circuit Court order.
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Zero tolerance in schools could lead to problems for students in future

June 6, 2012
Jenny Montgomery
Indiana's effort to study juvenile justice issues has stalled as the group waits for the governor to appoint a chair.
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Indiana joins price-fixing suit against Apple

May 14, 2012
Jennifer Nelson
Indiana has joined a multistate lawsuit against Apple Inc. and two publishing companies for price-fixing the cost of electronic books.
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Suit claims marriage statute unconstitutional

May 10, 2012
IL Staff
A secular group and three of its members are suing the Marion County prosecutor and clerk, claiming an Indiana statute is unconstitutional because it says that religions are the only groups with rights to have their beliefs recognized in marriage ceremonies.
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Governor signs Lifeline Law

May 4, 2012
IL Staff
A ceremonial signing of Indiana’s Lifeline Law was held Friday at the Statehouse. Senate Enrolled Act 274 provides legal immunity from prosecution for those who seek medical attention for an intoxicated person.
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5 political candidates file lawsuit

April 12, 2012
Jennifer Nelson
Three judicial candidates in Marion County and two candidates for the Indiana House are suing the county Board of Voter Registration and Election Board, alleging they were denied access to public information.
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Debating the merits of mandatory seat belts on school buses

March 28, 2012
Jenny Montgomery
The National Highway Traffic Safety Administration reports that in larger buses, the spacing and height of the seats offer crash protection for children through “compartmentalization.” But opinions remain divided about whether compartmentalization does enough to protect students and whether school bus seat belts should be required by law.
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Governor signs bill inspired by Supreme Court ruling

March 21, 2012
Jennifer Nelson
Indiana Gov. Mitch Daniels signed Senate Enrolled Act 1 into law Tuesday evening. The legislation deals with the right of people to defend against unlawful entry and was created in response to the Indiana Supreme Court ruling in Barnes v. State.
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Governor signs DCS, new judge legislation

March 19, 2012
IL Staff
Gov. Mitch Daniels signed legislation last week that gives Johnson Superior Court a fourth judge and Allen Circuit Court another full-time magistrate, and an enrolled act that makes changes to the Department of Child Services.
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Justices rule that law allows town of Fishers to proceed with reorganization

March 15, 2012
Jenny Montgomery
Responding to a certifiable question from Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, the Indiana Supreme Court held that the town of Fishers may proceed with plans to reorganize as a city whose council chooses a mayor.
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CFOs, CAFOs in the spotlight

February 29, 2012
IL Staff
An update on Indiana laws and legislation involving confined feeding operations and confined animal feeding operations.
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Bankruptcy discharge pushed for school debt

February 29, 2012
Jenny Montgomery
Delinquent borrowers may be relieved to learn that student loan default – unlike espionage and treason – is not punishable by death. But defaulting on a student loan can have disastrous effects on a borrower’s personal credit and lead to a lifetime of financial difficulties.
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Guardianship, power of attorney bills on 3rd reading

February 20, 2012
IL Staff
A bill that would prevent the termination of the guardianship of an incapacitated minor once the minor turns 18 and legislation that allows a copy of a power of attorney to have the same effect as the original are before the Indiana House of Representatives on third reading Monday.
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Appellate court upholds man's detainment

February 16, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that he could not have been detained in the hospital for mental health reasons before an application for detention was filed, which occurred after facility security guards restrained him.
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Dollars for donors

February 15, 2012
Jenny Montgomery
9th Circuit Court of Appeals decision raises concerns about bone marrow donation.
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Justices dissent on denying transfer in wage payment case

February 14, 2012
Michael Hoskins
Two Indiana Supreme Court justices disagreed with their colleagues about not taking a case on the state’s wage payment statute, issuing dissent that described how they believe the justices should clear up perceived uncertainty about whether the law can be applied to certain claims before the Indiana Department of Labor.
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Judge orders refund of legislative fines

February 7, 2012
Jennifer Nelson
The Democratic members of the Indiana House who faced fines for failing to attend sessions in protest of right-to-work legislation will be reimbursed any amount withheld in 2011, according to a ruling from Marion Superior Judge David Dreyer. The judge also ordered that any fines imposed this session may not be collected.
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Bills would make changes to pro bono funding, court costs, early voting

January 5, 2012
Jenny Montgomery
Indiana’s 2012 legislative session promises to be a busy one, with hundreds of bills already filed and a short session deadline of March 14. Read about some of the bills Indiana Lawyer is watching.
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New suit filed protesting immigration law

January 4, 2012
Jenny Montgomery
The Mexican American Legal Defense and Education Fund has filed a lawsuit on behalf of La Union Benefica Mexicana, a nonprofit organization in East Chicago, protesting two previously unchallenged portions of Indiana’s new immigration law.
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7th Circuit examines traffic 'turn' definition

January 3, 2012
Michael Hoskins
While Indiana statute doesn’t specifically define the word “turning” in the context of traffic law, the 7th Circuit Court of Appeals has held the failure to use a right-hand turn signal at an intersection amounts to a violation and justifies a traffic stop.
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Justices rule man not disenfranchised under the Infamous Crimes Clause

December 15, 2011
Jennifer Nelson
The Indiana Supreme Court hesitantly answered Thursday a certified question from the federal court as to whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution.
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Labor law to be key issue in 2012

December 7, 2011
Jenny Montgomery
Indiana legislators disagree about merits of right-to-work legislation.
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Supreme Court rules town can regulate aquifer's water use

November 23, 2011
Michael Hoskins
Underground aquifers are “watercourses” as defined by state law and as a result the Indiana Supreme Court says community officials have the ability to reasonably regulate how that water is taken out and used by other local governments.
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Unifying Indiana courts

November 23, 2011
Michael Hoskins
Unification of courts is leading to greater efficiency and cooperation.
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Stopped short

November 23, 2011
Jenny Montgomery
State tuition law creates chasm between undocumented immigrants and college.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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