Legal News

Annual ‘Talk to a Lawyer’ program will offer free legal assistance

January 9, 2015
Marilyn Odendahl
Attorneys across Indiana will be volunteering their services to help low-income individuals as part of the Indiana State Bar Association’s 2015 statewide “Talk to a Lawyer Today” program.
More

Second Indy township official charged with embezzlement

January 9, 2015
 Associated Press, IL Staff
Federal prosecutors have charged a Center Township official in Indianapolis with embezzling tens of thousands of dollars in Social Security payments intended for disabled and elderly recipients.
More

Appeals court affirms cocaine-dealing conviction

January 9, 2015
Dave Stafford
A man convicted of Class A felony dealing cocaine and adjudicated a habitual substance offender couldn’t persuade the Indiana Court of Appeals that he was deprived of a speedy trial or that the evidence against him was improperly admitted or insufficient.
More

Bill would block local limits on large livestock facilities

January 9, 2015
 Associated Press
Local governments would be prohibited from placing restrictions on large livestock facilities in rural areas under a bill being considered in the Indiana Senate.
More

CNBC’s ‘American Greed’ puts focus on Conour as appeal proceeds

January 9, 2015
Dave Stafford
The CNBC program “American Greed,” which bills itself as a “shocking true crime series (that) examines the dark side of the American Dream,” has taped an episode profiling former Indianapolis lawyer and convicted fraudster William Conour.
More

Court properly excluded evidence regarding victim’s truthfulness

January 8, 2015
Jennifer Nelson
The trial court was correct to exclude evidence of specific instances from a woman regarding the truthfulness of her son, the victim of a sex crime, the Indiana Supreme Court ruled Thursday. That evidence is prohibited by Indiana Evidence Rule 608.
More

COA reverses domestic violence determination due to Blakely violation

January 8, 2015
Jennifer Nelson
A trial court committed fundamental error when it determined a man convicted by a jury of Class A misdemeanor battery committed a crime of domestic violence, the Indiana Court of Appeals held Thursday.
More

Housing agency, not court, ordered banned woman from properties

January 8, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a woman’s argument that the court imposed as part of her trespass sentence an order to stay away from any properties owned by the Indianapolis Housing Agency.
More

National Jurist: IU’s Henderson most influential in legal education

January 8, 2015
IL Staff
Indiana University Maurer School of Law Professor William Henderson is the nation’s most influential person in legal education, according to rankings appearing in the January 2015 edition of National Jurist magazine.
More

ALJ’s numerous errors require denial of benefits reversed

January 8, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the decision of a federal judge to uphold the denial of a man’s request for disability insurance benefits. The appeals court held that an administrative law judge made a number of errors when considering the record.
More

Judge grants motion to make nonsurgical abortion ruling final

January 7, 2015
IL Staff
A federal judge has granted the state and plaintiff’s joint motion to make final her December ruling that a 2013 law regarding nonsurgical abortion clinics violates the Equal Protection Clause.
More

Parties ask for December nonsurgical abortion ruling to be made final

January 7, 2015
IL Staff
Attorneys for the state of Indiana and Planned Parenthood of Indiana and Kentucky filed a joint motion Tuesday requesting a federal judge make final her Dec. 3 ruling that found a 2013 law regulating nonsurgical abortion clinics violated the Equal Protection Clause.
More

Firm mergers down slightly in 2014

January 7, 2015
IL Staff
Eighty-two law firm combinations were announced last year in the United States, a 7 percent decline from 2013’s 88 mergers, according to Altman Weil Inc.
More

Judge dissents on reversal of CHINS adjudication

January 7, 2015
Jennifer Nelson
A father who claimed his due process rights were violated when his daughter was adjudicated as a child in need of services before the conclusion of a fact-finding hearing won his appeal before the Court of Appeals Wednesday. But one judge believed that the trial court correctly found the girl to be a CHINS.
More

Panel split over whether man needed to be involuntarily committed

January 7, 2015
Jennifer Nelson
A panel of the Indiana Court of Appeals Wednesday was divided over whether sufficient evidence was presented to justify that a mentally ill man was a danger to himself or others and thus needed to be involuntarily committed.
More

Senate committee advances bill to raise judges’ retirement age

January 7, 2015
Dave Stafford
A proposal to raise the mandatory retirement age for appellate judges from 75 to 80 narrowly advanced in the Indiana General Assembly Wednesday.
More

Krieg DeVault names new leadership team members

January 6, 2015
IL Staff
Krieg DeVault LLP has elected four new members to join recently elected managing partner Deborah J. Daniels on the firm’s seven-member executive committee.
More

Civil Rights Commission exceeded authority in upholding complaint

January 6, 2015
Marilyn Odendahl
Finding the Indiana Civil Rights Commission overstepped its authority, the Indiana Supreme Court has vacated the organization’s final order regarding an “intra-group squabble” over a dinner menu.
More

First impression: Suspect’s recorded talk in police car admissible

January 6, 2015
Dave Stafford
What a South Bend man said to another suspect while they were alone in the back of a police cruiser was recorded by an in-car video camera and properly presented to a federal jury, a panel of judges decided in a matter of first impression for the 7th Circuit Court of Appeals.
More

Electric utilities battle over annexing territories

January 6, 2015
Kathleen McLaughlin, IBJ Staff
When it comes to annexing nearby land, the city of Greenfield has a proposition that officials say sells itself.
More

McKinney grad Carrasco appointed Indiana inspector general

January 6, 2015
IL Staff
Longtime executive director of the Office of Inspector General Cynthia Carrasco has been appointed Indiana inspector general, Gov. Mike Pence announced in a statement Tuesday. The appointment is effective Jan. 11.
More

Rush’s debut State of the Judiciary address set

January 6, 2015
IL Staff
Indiana Chief Justice Loretta Rush will deliver her first State of the Judiciary address before a joint session of the General Assembly next week.
More

Dershowitz denies underage sex claims

January 6, 2015
 Associated Press
Prominent criminal defense lawyer Alan Dershowitz has filed a detailed denial of a woman’s claims in a Miami federal court that he had sexual contact with her when she was underage in a case also involving Britain’s Prince Andrew.
More

Bill seeks to give Indiana appellate judges more time on the bench

January 5, 2015
Marilyn Odendahl
Sen. James Buck is again pushing to increase the mandatory retirement age for Indiana appellate judges.
More

Competency could be key for death penalty in Indiana case

January 5, 2015
 Associated Press
Indiana law experts say the mental health of a northwestern Indiana man charged with strangling two women and suspected of killing five others could complicate the case but shouldn't prevent the state from seeking the death penalty.
More
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

ADVERTISEMENT