Legal News

Judge rules man on death row not competent to be executed

November 20, 2014
Jennifer Nelson
A special judge in Johnson County has ruled that Michael Dean Overstreet is not currently competent to be executed.
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Judges: Cop shouldn’t have asked driver for license

November 20, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a man’s motion to suppress evidence collected during an investigatory traffic stop. The judges held that once the police officer knew the owner of the vehicle – who had a suspended license – was not driving, the investigation should have ended.
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Court reverses adjustment to fire protection territory’s general fund levy

November 20, 2014
Jennifer Nelson
Citing a lack of sufficient factual findings and a public law’s unconstitutionality, the Indiana Tax Court on Wednesday reversed the adjustment made by the Department of Local Government Finance to the Greenfield Fire Protection Territory’s general fund levy for the 2012 budget year.
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Fort Wayne attorney elected to Judicial Nominating Commission

November 20, 2014
IL Staff
John O. Feighner, of Fort Wayne, has been elected to serve as the Indiana Judicial Nominating Commission district three representative. He will replace John Ulmer, whose term expires at the end of the year.
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Palladium contractors to pay $5.3M to settle suit

November 20, 2014
Andrea Muirragui Davis, IBJ Staff
The Carmel Redevelopment Commission is headed for a $5.3 million payday after agreeing to settle a lawsuit over defects found in the structural steel web supporting the Palladium’s distinctive domed roof.
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State seeks greater damages from township embezzler

November 19, 2014
Dave Stafford
The former Marion County Center Township accountant who pleaded guilty to embezzling more than $340,000 also should pay the cost of investigating his wrongdoing, the Indiana State Board of Accounts says.
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Judges reverse drug charges based on constitutional violation

November 19, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed drug charges against two Bloomington men after finding the police detective’s actions unreasonable. The detectives entered the men’s property while looking for another person despite clear signs of "no trespassing."
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Split COA orders trial for woman injured measuring countertop

November 19, 2014
Jennifer Nelson
A divided Indiana Court of Appeals on Wednesday concluded summary judgment was not proper for a home improvement business on a woman’s negligence claim. The customer was injured when a granite countertop propped up outside of the business fell on her foot while she was measuring it.
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Federal judge approves settlement in Marion County campaign literature case

November 19, 2014
Jennifer Nelson
A federal judge on Monday approved a settlement between the Marion County Election Board and the unslated candidate from whom it confiscated campaign materials in 2012.
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Settlement pending in multimillion-dollar Palladium litigation

November 19, 2014
Andrea Muirragui Davis, IBJ Staff
The defendants in a multimillion-dollar legal dispute over construction defects at Carmel’s tony Palladium concert hall have agreed to settle the dispute, court records show.
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Councilors to get peek at justice center plans

November 19, 2014
Kathleen McLaughlin, IBJ Staff
Some city-county councilors might get early access to information about a new criminal justice complex, but they have to agree to keep it under wraps.
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Adoption case presents issues of first impression

November 19, 2014
Dave Stafford
Adoption laws are evolving, as evidenced by a case before the Indiana Supreme Court and a separate push for a pre-birth abandonment bill aimed at biological fathers who don’t support their baby’s mother during pregnancy.
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Indiana law schools part of a trend to establish exchanges with China

November 19, 2014
Marilyn Odendahl
In addition to the scholarly research and visiting professorships, student exchanges between China and three Indiana law schools – IU McKinney, IU Maurer and Notre Dame Law School – give students in both countries the opportunity to learn about the law of another country as well as its culture and history.
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Globalization increases demand for foreign experience

November 19, 2014
Marilyn Odendahl
Exchange programs with law schools in China are providing valuable experience to students who want to build careers in international or corporate law, attorneys say.
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SCOTUS hears case of fisherman caught in Sarbanes-Oxley net

November 19, 2014
Marilyn Odendahl
A dispute involving six-dozen undersized fish has a group of legal scholars arguing the federal government’s tendency to broadly interpret the criminal code runs the risk of making everyone guilty of an illegal act.
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Attorney faces meth charges in 2 counties

November 19, 2014
Dave Stafford
The Indiana Supreme Court Disciplinary Commission seeks an emergency suspension of a Corydon lawyer’s license to practice.
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7th Circuit reverses summary judgment in prison attack lawsuit

November 18, 2014
Marilyn Odendahl
Repeatedly drawing attention to the heavily redacted record and scant information about procedures, the 7th Circuit Court of Appeals tossed out a summary judgment granted to the government in a lawsuit stemming from a prison yard attack.
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Failure to object to judge in termination case waives argument on appeal

November 18, 2014
Dave Stafford
A father whose parental rights were terminated by the same judge who presided when he was convicted of child molesting and neglect raised the issue on appeal for the first time, therefore waiving the objection, the Indiana Court of Appeals ruled Tuesday.
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IU McKinney postpones lecture

November 18, 2014
IL Staff
Indiana University Robert H. McKinney School of Law has postponed the third annual Birch Bayh Lecture that had been scheduled for Thursday at the law school.
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Hearing set on Eagle Creek deer hunt injunction bid

November 18, 2014
Dave Stafford
A request for a preliminary injunction to stop a planned deer hunt at Indianapolis’ Eagle Creek Park will get a hearing just days ahead of the scheduled hunt.
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Delay of protection order hearing called ‘disturbing’

November 17, 2014
Marilyn Odendahl
The Indiana Court of Appeals called a trial court’s delay in setting a hearing on a petition for a permanent protection order “disturbing” and found the lower court’s denial of the order did not comply with the state’s trial rules.
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Language of trust overrides statutes, COA rules

November 17, 2014
Marilyn Odendahl
A man’s promise to sue his brother and deplete their father’s trust of its assets resulted in him being ordered to pay $13,166 in attorney fees to the trust.
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Human trafficking prevention training to be held Tuesday

November 17, 2014
IL Staff
A “train the trainer” event Tuesday aims to provide tools to increase youth awareness of human trafficking and sexual exploitation crimes.
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Denomination loses appeal in favor of breakaway church

November 17, 2014
Dave Stafford
A church denomination failed to prove to the Indiana Court of Appeals that it was entitled to the property of a congregation that broke away.
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Conviction for hit-and-run fatality affirmed

November 17, 2014
Dave Stafford
The conviction of a driver who struck and killed a woman while she walked on a busy street during a rainstorm was affirmed Monday by the Indiana Court of Appeals.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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