Legal News

COA rules DCS has duty to protect caller’s identity

May 26, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a 2-1 decision the Indiana Department of Child Services had a duty to protect a man’s identity after he called the DCS hotline and reported his neighbors’ children as children in need of services.
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Evansville reaches settlement over SWAT raid lawsuit

May 26, 2016
 Associated Press
The city of Evansville has reached a court settlement with a woman whose home was damaged during a SWAT raid as investigators searched for the source of online threats against police.
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7th Circuit upholds lifetime supervised release

May 25, 2016
Scott Roberts
The 7th Circuit Court of Appeals on Tuesday affirmed a federal judge’s findings and explanations were sufficient to support lifetime supervised release for 66-year-old man in poor health.
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Governor: Texas suing over Obama's transgender directive

May 25, 2016
 Associated Press
The state of Texas is suing the Obama administration over its directive to U.S. public schools to let transgender students use the bathrooms and locker rooms that match their gender identity, Gov. Greg Abbott said Wednesday.
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COA: Gun evidence lawfully obtained

May 25, 2016
Scott Roberts
In its third Fourth Amendment case in two weeks, the Indiana Court of Appeals ruled evidence obtained during a stop of a man who was loitering around an apartment complex and then left suspiciously was lawfully seized. The judges affirmed the trial court’s denial of his motion to suppress on interlocutory appeal.
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IndyCar sues organizers of canceled Boston race

May 25, 2016
 Associated Press, IBJ Staff
IndyCar has filed a breach-of-contract lawsuit against the organizers of the canceled Grand Prix of Boston, which had been planned for Labor Day weekend this year and again each year through 2020.
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IBM contests judge’s removal petition in welfare-privatization suit

May 25, 2016
Dave Stafford
The state’s petition to remove a trial court judge who oversaw the civil lawsuit over the canceled $1.3 billion contract with IBM to overhaul Indiana’s welfare system is “factually incorrect,” according to an attorney representing IBM.
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Judge faces Supreme Court removal petition in State v. IBM case

May 24, 2016
Dave Stafford
Petitions filed Monday with the Indiana Supreme Court argue a Marion County judge defied a Supreme Court order and overstepped his authority in ruling on remand that the state could prove no damages from its canceled $1.3 billion welfare-privatization contract with IBM.
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Divided COA rules karate kick is an issue of material fact

May 24, 2016
Scott Roberts
The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.
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Breyer says US Supreme Court not diminished with only 8 members

May 24, 2016
 Associated Press
Justice Stephen Breyer said Monday that the Supreme Court of the United States has not been diminished by having only eight members since the death of Justice Antonin Scalia in February.
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Property manager not liable in drunken driving crash, COA holds

May 24, 2016
Scott Roberts
The Indiana Court of Appeals ruled the property management company of a Camby bar has no duty of care to a woman who was seriously injured in a car accident in which she and the driver were intoxicated.
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Officer cleared in black man's death, prosecutor criticized

May 24, 2016
 Associated Press
After two trials and no convictions, Baltimore's top prosecutor faces criticism that she moved too quickly to file charges against six officers in the case involving a 25-year-old black man who died a week after he was critically injured in police custody, triggering protests and riots a year ago.
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Court of Appeals hears woman's appeal of feticide conviction

May 24, 2016
 Associated Press
Indiana appeals court judges grilled an attorney for the state Monday over whether there was evidence a woman found guilty of neglect and feticide in a self-induced abortion knew she had given birth to a live child.
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COA divided over general contractor’s duty to provide safe workplace

May 23, 2016
Jennifer Nelson
The Indiana Court of Appeals voted 2-1 Monday to affirm summary judgment in favor of the general contractor of a Lafayette Gander Mountain project where a subcontractor’s employee was injured. The majority concluded the general contractor did not have a non-delegable contractual duty toward the injured worker.
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COA deals blow to AG’s foreclosure lawyer consumer suit

May 23, 2016
Dave Stafford
An effectively disbarred Florida attorney whose company hired Indiana lawyers to represent people in foreclosures must face a consumer lawsuit brought by the Indiana Attorney General’s Office, but her company is largely exempted, the Indiana Court of Appeals ruled Monday.
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Molest conviction affirmed; habitual offender waiver remanded

May 23, 2016
Scott Roberts
The Indiana Court of Appeals found a counsel's mistake did not constitute judicial admission in a man's trial when he was found guilty of molesting his stepdaughter. But the appeals court remanded his guilty plea for being a habitual offender, finding he did not waive his right to trial on the issue at court, his attorney did.
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Supreme Court throws out death sentence from all-white jury

May 23, 2016
 Associated Press
The U.S. Supreme Court ruled decisively in favor of a death-row inmate in Georgia on Monday, chastising state prosecutors for improperly keeping African-Americans off the jury that convicted him of killing a white woman.
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Ex-Subway pitchman Fogle asks appeals court to cut sentence

May 23, 2016
 Associated Press
The judge who sentenced former Subway pitchman Jared Fogle to more than 15 years in prison mistakenly believed he was involved in producing child pornography, and his sentence should therefore be reduced, Fogle's attorney said during a hearing Friday.
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Indiana court to hear woman's appeal of feticide conviction

May 23, 2016
 Associated Press
Attorneys for an Indiana woman found guilty of killing the premature infant she delivered after ingesting abortion-inducing drugs will ask an appeals court Monday to throw out the convictions that led to her 20-year prison sentence.
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State opposes IU's bid to join suit challenging abortion law

May 23, 2016
 Associated Press
Indiana's attorney general is opposing Indiana University's effort to join a federal lawsuit that seeks to block a new state law mandating that aborted fetuses be buried or cremated.
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'Abusive litigant' loses appeal for damages

May 23, 2016
Scott Roberts
The Indiana Court of Appeals denied a prolific litigant's attempt to get more than $30,000 in damages after he claimed a printer he purchased online for less than $75 did not work and then sued for thousands of dollars in damages.
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Ex-attorney from Richmond avoids jail for bilking clients

May 20, 2016
 Associated Press
A former Richmond attorney will not spend any time in jail despite pleading guilty to eight felony theft charges of taking money from clients but never filing their bankruptcy petitions.
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Felon firearm possession charge affirmed on appeal

May 20, 2016
Dave Stafford
An Indianapolis man convicted of possession of a firearm by a serious violent felon failed to persuade the Indiana Court of Appeals that the search that led to discovery of the gun wasn't supported by reasonable suspicion.
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Man loses home damage appeal that blamed neighbor’s watering

May 20, 2016
Dave Stafford
A man whose Monroe County home was lost to mold contamination lost his appeal of a jury verdict in favor of his neighbor. The homeowner had claimed his neighbor's excessive watering of her lawn caused water damage to the basement of his home.
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COA: Lack of warning signs reinstates suit in fatal crash

May 20, 2016
Scott Roberts
The Indiana Court of Appeals found the Hancock County Board of Commissioners was not liable for the way an intersection was designed but found there was an issue of material fact as to whether the county should have installed warning signs there. A man was killed at the intersection in 2009 in a crash with another vehicle, triggering a lawsuit.
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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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