Legal News

General Assembly wraps up on time

May 2, 2011
Jennifer Nelson
The 2011 session of the Indiana General Assembly ended on schedule despite the weeks-long walkout by House Democrats. Now, bills impacting Indiana’s courts and legal community make their way to the governor’s desk.
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COA rules on unjust enrichment issue for first time

April 29, 2011
Jennifer Nelson
For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent with the contract.
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First impression issue on 'in loco parentis' doctrine

April 29, 2011
Jennifer Nelson
Until Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
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Judges split on stalking conviction

April 29, 2011
Jennifer Nelson
The Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on their interpretations of the term “repeated” in Indiana’s anti-stalking laws.
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Indianapolis attorney to represent accused USS Cole bomber mastermind

April 28, 2011
Michael Hoskins
A week after the federal government announced it would seek the death penalty against the prime suspect in the 2000 bombing of the USS Cole, the Department of Defense has appointed an Indianapolis attorney to represent the man who will face the first military tribunal under President Barack Obama’s administration.
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Judges rule on first impression escrow matter

April 28, 2011
Jennifer Nelson
For the first time, the Indiana Court of Appeals addressed whether it’s possible to create an escrow absent an escrow agreement or fee.
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7th Circuit rejects ineffective trial assistance claim

April 28, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.
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Appellate court to visit Wabash for arguments

April 28, 2011
IL Staff
The Indiana Court of Appeals travels to Wabash Friday to hear arguments in an insurance case.
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COA splits on need for evidentiary hearing in revocation

April 27, 2011
Jennifer Nelson
The Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.
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Credit-time statute amendment not retroactive

April 27, 2011
Jennifer Nelson
An amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals concluded Wednesday.
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Justices reverse forfeiture of truck

April 27, 2011
Jennifer Nelson
The Indiana Supreme Court agreed with the lower appellate court that a man’s truck shouldn’t have been lost in a civil forfeiture action because the state didn’t prove any substantial connection between the truck and the commission of a crime.
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Bicycling barristers

April 27, 2011
Jenny Montgomery
Lawyers say fitness and networking are among the perks of traveling to the office on two wheels.
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Bill expands merit selection

April 27, 2011
Jenny Montgomery
Lawmakers consider election vs. selection of Superior county judges in Lake County.
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Green construction poses legal risksRestricted Content

April 27, 2011
Jenny Montgomery
Standard contracts aren't adequate for this budding industry.
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Indiana court official visits Ukraine to discuss court accessRestricted Content

April 27, 2011
Michael Hoskins
The trip was a part of an ongoing effort the United States is making to help Ukraine improve its judicial independence and establish more of a democracy.
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Effort seeks to revive citizens' civic interest

April 27, 2011
Jenny Montgomery
The message from lawyers, lawmakers, and educators is clear: Civic education is suffering, and along with it, our country. But no one seems certain how to convince people to care about civics.
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Legally preserving history

April 27, 2011
Michael Hoskins
Real estate, property negligence, and zoning laws are often utilized to preserve, restore, or protect sites having historic significance.
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Judge: Governor doesn't have to testify in IBM case

April 26, 2011
Michael Hoskins
Marion Superior Judge David Dreyer has ruled that Indiana Gov. Mitch Daniels doesn’t have to testify about his involvement in the cancelled multi-million dollar IBM contract to modernize the state’s welfare system.
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COA affirms transfer penalty for nursing home resident

April 26, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a finding by the Family and Social Services Administration that an elderly woman was not entitled to Medicaid nursing home benefits in the eight months after she gave $35,500 to her nephew and his wife.
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Committees propose new rules for parenting coordination

April 26, 2011
Jennifer Nelson
The Domestic Relations Committee and Alternative Dispute Resolution Committee of the Judicial Conference of Indiana have developed proposed parenting coordination rules and commentary. Parenting coordinators are used to help resolve disputes between parents regarding children. Currently, there are no existing Indiana Supreme Court rules covering the area.
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Quayles create scholarship for Indy law school

April 26, 2011
IL Staff
Former Vice President Dan Quayle and his wife, Marilyn, have created a scholarship for students at Indiana University School of Law-Indianapolis through an endowed gift of $200,000. The Quayles both earned their law degrees from the school in 1974.
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SCOTUS denies case between Indiana agencies on 11th Amendment

April 25, 2011
Michael Hoskins
The Supreme Court of the United States won’t take an Indiana case which delved into whether the 11th Amendment prohibits an independent state agency from suing a traditional state agency in federal court.
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Judges address 'public utility' questions

April 25, 2011
Michael Hoskins
In a case of first impression in this state, the Indiana Court of Appeals has determined that BP Products North America Inc.'s petroleum refinery plant in northern Indiana isn’t a public utility as defined by state statute when it acts as a sort of conduit and provides natural gas and other services such as steam and wastewater to other private companies nearby.
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COA rules botched burial does not entitle relatives to award

April 25, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that relatives of a woman whose burial went awry are not entitled to damages.
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Judges uphold identity thief's sentence

April 22, 2011
Jennifer Nelson
In a decision Friday, the 7th Circuit Court of Appeals repeated its holding that a District judge can satisfy the review standards under 18 U.S.C. Section 3553(a) without having to list every possible sentencing factor or detail of every argument raised for the federal appellate court to find that the sentence was proper.
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  1. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  2. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  3. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

  4. Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone

  5. John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.

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