Legal News

COA split over whether officer had suspicion suspect was armed

June 23, 2015
Jennifer Nelson
An Indiana Court of Appeals panel was split Tuesday as to whether a man’s firearm conviction should be affirmed.
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Public defender charged with sex offenses involving inmates

June 23, 2015
Dave Stafford
An Indianapolis attorney and ex-judge working as a Shelby County public defender has been charged with three counts of sexual misconduct and one count of official misconduct after he was accused of inappropriately touching inmates at the Shelbyville jail. Authorities said one instance was recorded on video.
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Indiana judge rejects mistrial motion in house blast trial

June 23, 2015
 Associated Press
An Indiana judge rejected a defense motion Monday for a mistrial over alleged prosecutorial misconduct in the case of a man accused of using natural gas to cause a house explosion that killed two people and gutted an Indianapolis neighborhood.
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Battle over plant annexation stirs controversy in Reynolds

June 23, 2015
 Associated Press
Leaders in Reynolds have stirred controversy after annexing an iron pellet plant just outside of the small White County town.
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Angie's List lawsuit charges Amazon stole trade secrets

June 23, 2015
IBJ Staff
Angie’s List Inc. has filed a federal lawsuit against online goliath Amazon.com, charging the company stole service-provider lists and other proprietary information in its quest to build a direct competitor, Amazon Local.
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Post-conviction relief unavailable for traffic infractions

June 22, 2015
Jennifer Nelson
A man ticketed for a traffic violation and speeding is not entitled to post-conviction relief or relief from judgment, the Indiana Court of Appeals ruled Monday. Post-conviction relief is only available when someone has committed a crime.
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Teen’s arrest did not violate 4th Amendment

June 22, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.
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Ex-firefighter sues over drug tied to compulsive gambling

June 22, 2015
 Associated Press
A former Indianapolis firefighter has sued two drug companies, saying they failed to act on reports that a medication she was prescribed for restless leg syndrome causes compulsive behaviors such as gambling.
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US Supreme Court sides with inmate in excessive force case

June 22, 2015
 Associated Press
The Supreme Court of the United States is making it easier for inmates who are accused of crimes — but not yet convicted — to bring cases of excessive force against jail officials.
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AG sues Indianapolis-based test preparation company

June 22, 2015
 Associated Press
Indiana's attorney general is suing a college test preparation company, alleging it engaged in "unfair and abusive practices" when selling study materials for college equivalency exams.
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SCOTUS strikes down raisin program as unconstitutional

June 22, 2015
 Associated Press
The Supreme Court of the United States ruled Monday that a 66-year-old program that lets the government take raisins away from farmers to help reduce supply and boost market prices is unconstitutional.
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High court rules against Spider-Man toy inventor

June 22, 2015
 Associated Press
The inventor of a popular Spider-Man web-shooting toy can't keep reeling in royalties after his patent ran out, the Supreme Court of the United States ruled Monday.
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Justices suspend lawyer who defrauded seniors of $19M

June 19, 2015
Dave Stafford
An Indianapolis lawyer who pleaded guilty more than six months ago to four felony counts of securities fraud from a Hamilton County real estate Ponzi scheme was suspended from the practice of law Thursday.
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ABA task force calls for more debt counseling, innovation

June 19, 2015
Jennifer Nelson
The report released Friday by the American Bar Association Task Force on the Financing of Legal Education calls for enhanced law student debt counseling, wider collection and publication of law school financial data, and innovation at law schools to lower costs for students while maintaining sound educational programs.
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Record supports capping trustee fees at 1.5 percent

June 19, 2015
Jennifer Nelson
A trial court did not err when it concluded that a community foundation which took over acting as trustee of a charitable trust will have its fees capped at 1.5 percent of the trust’s annual assets, the Indiana Court of Appeals ruled Friday.
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COA orders corrected notification sent to BMV, suggests form update

June 19, 2015
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.
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Homeowners association loses appeal of assessments

June 19, 2015
Jennifer Nelson
Finding that an Indianapolis homeowners association did not make any cognizable claims using the Form 133 appeal procedure to appeal assessments on its common area land, the Indiana Tax Court affirmed the dismissal of its petitions to correct error.
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Judge tosses Angie's List suit, but gives investors chance to refile

June 19, 2015
Jared Council, IBJ Staff
A federal judge on Thursday dismissed a class-action fraud lawsuit against Angie's List Inc., concluding plaintiffs failed to show that sharp cuts to membership fees the company rolled out in 2013 demonstrated the inaccuracy of executives' prior claims about its business model and caused the stock price to fall.
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No error in granting variance for pet boarding facility

June 18, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the decision to grant a variance to a company seeking to build an upscale dog and cat boarding and day-care facility on the northwest side of Indianapolis. A hotel located next to the property objected, fearing noise from the animals would deter business.
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Inmate’s failure to comply with ITCA dooms lawsuit

June 18, 2015
Jennifer Nelson
A Department of Correction inmate who sued several government employees after he was injured when he fell out of a pickup truck lost his appeal before the Indiana Court of Appeals Thursday.
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Justices rule for small Arizona church in sign law dispute

June 18, 2015
 Associated Press
The Supreme Court of the United States ruled Thursday for an Arizona church in a dispute over a town's sign law in a decision that three justices said could threaten municipal sign regulations across the country.
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IU Maurer launches Veterans Disability Law Clinic

June 18, 2015
IL Staff
A first-of-its-kind legal clinic in Indiana will provide free representation beginning July 1 to veterans who wish to appeal a denial of disability benefits or seek other services to receive VA benefits.
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Confederate flag license plate bid spurned by top US court

June 18, 2015
 Bloomberg News
Texas acted legally when it refused to issue a license plate depicting the Confederate battle flag, the Supreme Court of the United States ruled in a decision that means dozens of states won’t have to open up their specialty-tag programs.
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California says Uber drivers are employees

June 18, 2015
 Bloomberg News
The California labor commissioner’s ruling that an Uber Technologies Inc. driver must be treated as an employee may have repercussions throughout the on-demand economy.
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Judge considering change of venue for man charged with killing IU student

June 18, 2015
 Associated Press
A judge is considering whether to move the trial of a man charged with fatally beating an Indiana University student.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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