Legal News

Democrats push to be on Marion County judge ballot

October 23, 2014
Dave Stafford
Marion County Superior judge elections ruled unconstitutional this month should not proceed Nov. 4 as the current ballot is drawn, according to court pleadings from candidates who were left out of the general election.
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Alternate theories disallowed in trial on 4 deaths

October 23, 2014
 Associated Press
A judge is blocking testimony about other possible suspects during the trial of a man charged with killing four people in a southern Indiana home.
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Man suspected of killing 7 refuses to answer judge

October 23, 2014
 Associated Press
A man who allegedly confessed to killing seven women in Indiana refused to speak or even acknowledge his name to a judge Wednesday, and a sheriff explained later that the suspect was upset his hearing was in open court before dozens of journalists.
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Charges filed in 2nd case in Gary killings

October 22, 2014
 Associated Press
A man who told police he killed seven women in Indiana now faces charges in a second death.
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Zoeller details casino millions funneled to E. Chicago pols

October 22, 2014
Dave Stafford
A former Indiana Democratic Party chairman and a longtime Lake County political activist enriched themselves with millions of dollars in casino revenue, Indiana Attorney General Greg Zoeller announced Wednesday, closing the book on long-running litigation that resulted in a $154,042 settlement payment to the city of East Chicago.
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COA affirms seizure of gun from apartment without search warrant

October 22, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed a man’s misdemeanor handgun charge after finding the police did not need a search warrant to retrieve the gun after the man placed it inside an apartment in view of the officers.
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COA: Bank should be allowed to intervene in foreclosure matter

October 22, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of JPMorgan Chase Bank’s motion to intervene in a homeowners association’s attempt to foreclose on a home to fulfill a judgment. The COA found that the bank did not have actual notice of a pending action against the homeowner in 2007, as the association argued.
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COA: Gas station did not commit spoliation regarding mat

October 22, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.
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Justices rule on ‘exhaustion rule’ issue

October 22, 2014
Jennifer Nelson
The Indiana Supreme Court tackled issues of first impression Wednesday involving peremptory challenges and removing jurors for cause. The justices held that parties satisfy the “exhaustion rule” the moment they use their final peremptory challenge – regardless of whom they strike.
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Majority reverses termination of incarcerated father’s parental rights

October 22, 2014
Jennifer Nelson
Finding the state did not prove that the parental rights of a man – who learned he was a father while incarcerated pending trial – should be terminated, two of the three judges on a Court of Appeals panel reversed.
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Judges say Circuit split requires clarification from sentencing commission

October 22, 2014
Jennifer Nelson
A panel of judges on the 7th Circuit Court of Appeals affirmed a man’s 117-month prison sentence on drug and weapons charges, but two judges believed the case should have been heard en banc based on the importance of a sentencing issue.
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Court reverses $1,660 attorney fee award in parenting time action

October 22, 2014
Jennifer Nelson
Because there is nothing in the record to show the court considered the resources of the parties when it awarded a guardian $1,660 in attorney fees, the Indiana Court of Appeals reversed Wednesday.
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Daughter’s cheating negates father’s obligation to pay for college

October 22, 2014
Jennifer Nelson
Finding that the “F” a Purdue University student received after her teacher discovered the student plagiarized comments from other students amounted to disciplinary action from the school, the Indiana Court of Appeals upheld the decision that her father no longer had to pay a portion of her school expenses based on a previous court order.
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Officers’ entry into home to chase bloodied dog unreasonable, justices rule

October 22, 2014
Jennifer Nelson
The Indiana Supreme Court ruled Tuesday that drug evidence obtained by police after they entered a home without a warrant to capture an aggressive dog should not have been admitted at the defendant’s trial. The justices held the search violated Article I, Section 11 of the Indiana Constitution.
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Indiana responds to convicted ex-officer's appeal

October 22, 2014
 Associated Press
Indiana has responded to a former Indianapolis police officer's appeal of his convictions in a fatal drunken driving crash.
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SCOTUS denial of cases opens door to new same-sex-couple issues

October 22, 2014
Marilyn Odendahl
Now that same-sex marriage is legal in Indiana, the courts will have to settle issues and questions that will arise in other areas, such as family law.
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Attorneys debate impact of reality crime TV shows on the judicial process

October 22, 2014
Marilyn Odendahl
The reality television show “Cold Justice” linked Earl Taylor to the 1975 murder of his first wife, Kathy Taylor. Dennis Majewski, Earl Taylor's attorney, said the TV program carried by the TNT cable network, and a follow-up newspaper article that told viewers the episode was available on YouTube, led him to doubt he could find an untainted jury in Vigo County.
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Lawmakers in no rush to fix Marion County’s judicial selection process

October 22, 2014
Dave Stafford
Marion County’s unique power-sharing judicial-election system won’t be fixed anytime soon, even though a federal judge has ruled the four-decade-old system is unconstitutional.
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Pharmacist’s snooping is a prescription for trouble

October 22, 2014
Dave Stafford
Walgreen’s appeal of $1.8M judgment in favor of customer raises patient privacy issues.
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When municipal growth clashes with property owners, the result is annexation headaches

October 22, 2014
Marilyn Odendahl
A 644-acre swath of rural Hancock County land is at the heart of a contentious annexation battle that illustrates what municipalities say is the need to get control of property before development happens. The case also brings to light what may be a shift in the judiciary’s attitude toward remonstrators.
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Court hearing set for Gary man linked to 7 deaths

October 21, 2014
 Associated Press
A Gary man who police say confessed to killing one woman, helped investigators find six other bodies and indicated there may be more is scheduled to make his first court appearance.
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Judge must face federal lawsuit over drug court detentions

October 21, 2014
Dave Stafford
Clark Circuit Judge Jerome Jacobi must face a federal lawsuit from drug court participants who allege they were improperly detained or unlawfully arrested as participants in the problem-solving court he oversaw.
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Split COA reverses denial of post-conviction relief

October 21, 2014
Dave Stafford
A defense attorney’s failure to raise the consecutive sentencing limitation prejudiced his client, the majority of a Court of Appeals panel ruled, reversing denial of post-conviction relief for a man convicted of multiple burglaries. The court remanded for resentencing to trim six years off a 28-year prison term.
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Court of Appeals to hear arguments at IU Maurer

October 21, 2014
IL Staff
Indiana University Maurer School of Law will host an oral argument of the Indiana Court of Appeals Wednesday at the school’s moot court.
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Error in admitting drug conviction was harmless, 7th Circuit rules

October 20, 2014
Marilyn Odendahl
Although a witness’s changed testimony did not open the door wide enough to allow the introduction of a defendant’s prior drug record, the prosecution’s case was still substantial without the improper evidence so the defendant’s federal conviction will stand.
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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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