Legal News

Expungement law still being perfected, legislator says

January 29, 2015
Marilyn Odendahl
County clerks being overrun by expungement petitions are asking the Legislature to impose a filing fee to help offset the costs of processing the forms and restricting the records.
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Senate votes to raise judicial retirement age

January 29, 2015
Dave Stafford
Indiana appellate judges could serve until age 80 under a bill that cleared the Indiana Senate Thursday.
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Restaurant not entitled to return of insurance proceeds seized

January 29, 2015
Jennifer Nelson
A Mexican restaurant that is part of a chain which has been under investigation by Marion and Tippecanoe county officials will not have insurance funds seized from a bank account returned, the Indiana Court of Appeals ruled Thursday.
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Judge admonishes losing counsel in long-running litigation

January 29, 2015
Dave Stafford
A federal judge admonished a lawyer Wednesday whose clients were found to have abused the process in prosecuting a trademark infringement suit against a similar wine-and-art business.
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COA rules teachers may negotiate for ancillary duty compensation

January 28, 2015
Jennifer Nelson
A dispute between a school corporation and teachers association that made its way before the Indiana Court of Appeals led to the court concluding the teachers may qualify for overtime for performing school-related duties outside of their normal teaching hours.
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Gang member’s sentence for bar fight reduced

January 28, 2015
Jennifer Nelson
The convictions of a gang member stemming from his role in a bar fight were upheld by the Court of Appeals Wednesday, but the judges ordered his sentence shortened because the convictions all occurred during a single episode of criminal conduct.
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7th Circuit upholds new conviction, cannot address registration requirement

January 28, 2015
Jennifer Nelson
Although a judge communicated that a man must register as a sex offender based on the Sex Offender and Registration Notification Act, because that decision was not incorporated into the judge’s final ruling, there is nothing for the 7th Circuit Court of Appeals to review regarding his challenge to that part of his sentence.
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Juvenile’s delinquent adjudication reversed based on illegal search

January 28, 2015
Jennifer Nelson
Because the physical evidence used to adjudicate a teen as delinquent was the direct result of an illegal search of his backpack by police, the Indiana Court of Appeals reversed.
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7th Circuit affirms dismissal of workplace discrimination suit

January 28, 2015
Dave Stafford
A Sudanese woman’s discrimination suit against a Jeffersonville shipyard where she had worked as a welder was properly dismissed, the 7th Circuit Court of Appeals ruled Tuesday.
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Group working to lure national medical-legal conference to Indianapolis

January 28, 2015
Marilyn Odendahl
A group of legal and medical professionals will launch an effort Thursday to bring a super bowl – of sorts – to Indianapolis.
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Chavis to chair Marion Superior Executive Committee

January 28, 2015
IL Staff
Marion Superior Civil Division 12 Judge John M.T. Chavis II will chair the 2015-2016 term of the courts’ executive committee.
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Denial by justices to take prosecutorial misconduct case draws dissent

January 28, 2015
Jennifer Nelson
Believing that the Indiana Supreme Court should have taken a case involving the “disturbing trend” of alleged prosecutorial misconduct, two justices dissented from their colleagues' decision to not accept the case.
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Rush rolls out commercial court plan in State of Judiciary

January 28, 2015
Dave Stafford
Commercial courts heralded by Indiana Chief Justice Loretta Rush in her first State of the Judiciary address could be in business soon, with the first pilots launching as early as this summer, according to judges and lawyers involved in developing the plans.
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Changes being considered for medical malpractice claims

January 28, 2015
Dave Stafford
More medical malpractice cases could be filed directly in state trial courts without first having to go through the exhaustive and mandatory medical review process under legislation pending in the Indiana Senate. A proposal in the Indiana House of Representatives aims to raise the caps on damages and insurer liability.
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House panel backs new rules after nursing home scandal

January 27, 2015
 Associated Press
An Indiana House committee has endorsed tighter rules on the conduct of lawmakers in the wake of an ethics investigation of a top Republican who fought privately to defeat legislation that would have hurt his family's business.
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‘Spice’ law void for vagueness, divided panels rule

January 27, 2015
Dave Stafford
Divided Court of Appeals panels found Indiana’s “spice” law void for vagueness in two separate cases Tuesday.
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Panel backs religion-based hiring by Indiana contractors

January 27, 2015
 Associated Press
An Indiana legislative panel has endorsed a bill allowing religious institutions that receive state and local government contracts to make hiring decisions based upon religion.
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Plea deal reached in central Indiana animal cruelty case

January 27, 2015
 Associated Press
A central Indiana couple charged with animal cruelty after 171 dead animals were found on their farm have pleaded guilty to four counts each of improper disposal of a dead animal.
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Kokomo sues state over proposed downtown baseball park

January 27, 2015
 Associated Press
The city of Kokomo is suing the state over its opposition to a proposed downtown baseball stadium.
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State union membership counters national trend

January 27, 2015
 Associated Press, IBJ Staff
Indiana bucked a national trend in 2014 by experiencing an increase in labor union membership, new statistics released by the U. S. Labor Department show.
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Lack of evidence allows periodontists to leave office space

January 26, 2015
Marilyn Odendahl
Having failed to produce sufficient evidence that the terms of a lease agreement had been waived, a landlord will have to allow a pair of tenants to vacate the property with no financial penalty.
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Mock trial volunteers needed

January 26, 2015
Marilyn Odendahl
Indiana attorneys are being offered the opportunity to show off their judicial skills. The Indiana Bar Foundation is seeking lawyers to volunteer as judges during the 2015 Indiana High School Mock Trial Competition.
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Explosion case cemented Richmond attorney's reputation

January 26, 2015
 Associated Press
Kent Klinge learned the basics of law in school. But it was in a Connersville courtroom where he became a lawyer. Klinge, who was one of the top trial lawyers in Richmond for more than 25 years in the 1970s, '80s and '90s, retired from practice as a partner at Boston Bever Klinge Cross & Chidester in Richmond on Jan. 1 after a 47-year career.
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Supreme Court permanently bans Muncie judge

January 23, 2015
Dave Stafford
A Muncie judge who was previously suspended for 13 counts of judicial misconduct and for using racial slurs recorded on video has been given a lifetime ban from serving on the bench.
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7th Circuit affirms Michigan law applies to Visteon pollution claims

January 23, 2015
Dave Stafford
A federal court in Indianapolis properly dismissed a lawsuit Visteon Corp. filed against its insurer seeking to recover damages resulting from toxic pollution at its former Connersville plant that also contaminated neighboring properties.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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