Legal News

Appeals court affirms rejection of YouTube defamation claims

October 3, 2014
Dave Stafford
The sister-in-law of a Boston woman who disappeared in 1981 and whose body was found buried in Massachusetts nine years later lost a defamation appeal Friday stemming from comments to a YouTube video she posted about the case.
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Man gets life for killing ex-girlfriend's father

October 3, 2014
 Associated Press
A southwestern Indiana man has been sentenced to life in prison without parole for the shooting death of his ex-girlfriend's father.
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US Supreme Court takes up housing bias case

October 2, 2014
 Associated Press
For the third time in recent years, the U.S. Supreme Court will consider taking away a powerful legal tactic the Obama administration and others have used to combat housing discrimination.
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Appeals court affirms disbarred attorney’s convictions

October 2, 2014
Jennifer Nelson
The South Bend attorney who was disbarred in 2010 and convicted of forgery in 2013 lost his appeal before the Indiana Court of Appeals Thursday.
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Plainfield facility to house low-risk, first-time offenders

October 2, 2014
Jennifer Nelson
Gov. Mike Pence announced Thursday the conversion of a Plainfield short-term offender program into an individualized program for first-time, lower-risk offenders sentenced to prison.
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Defendant’s breach of plea agreement allows state to back out

October 2, 2014
Jennifer Nelson
The Indiana Court of Appeals addressed an issue of first impression Thursday: whether the state can withdraw from a plea agreement after the trial court has accepted it. The state was allowed to withdraw its agreement with a defendant after the man refused to testify at his co-conspirator’s trial, which was part of the deal.
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Judge concerned remonstrators may not have enough time to ask for a stay

October 2, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the annexation by the city of Martinsville of approximately 3,000 acres, finding the remonstrators’ appeal is moot because they did not ask for a stay of the annexation approval. But one judge had concerns that municipality clerks may be able to make an annexation final before remonstrators have enough time to consider requesting a stay.
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Judge convicts northern Indiana man in 2 killings

October 2, 2014
 Associated Press
A northern Indiana man paroled in 2010 after serving time for killing a family friend has been convicted in the fatal shootings of his brother and sister-in-law.
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Indiana AG proposes home contractor registry

October 1, 2014
 Associated Press
Indiana residents looking to hire contractors for home repair or remodeling projects would be able to search a state registry that's among a package of legislative proposals Attorney General Greg Zoeller said Tuesday he's supporting in an effort to boost consumer protections.
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U.S. judge blocks Obamacare tax rule for non-exchange states

October 1, 2014
 Bloomberg News
An Oklahoma federal judge dealt a blow to President Barack Obama’s health care law, invalidating IRS rules aimed at making policies affordable for consumers around the country.
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Judge tosses suit over IU student's disappearance

October 1, 2014
 Associated Press
A federal judge has thrown out the lawsuit filed by the parents of an Indiana University student last seen more than three years ago against two men who were with her the night she vanished.
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Court must reconsider man’s request for credit time

October 1, 2014
Jennifer Nelson
A trial court mistakenly believed it could not award educational credit time to a man serving his sentence on home detention, so the Indiana Court of Appeals ordered the court to re-evaluate his petition.
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Justices order $7,025 credit applied for father’s arrearage

October 1, 2014
Jennifer Nelson
In a per curiam decision released Wednesday, the Indiana Supreme Court accepted a case involving owed child support and ordered the father be credited for more than $7,000 seized from his bank account for the arrearage.
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American Judicature Society dissolving after 101 years

October 1, 2014
IL Staff
The American Judicature Society, an organization formed in 1913 to promote a fair justice system, announced Tuesday that it will be shutting down amid challenging times for nonprofits.
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Annual Red Masses bless lawyers, judges and government officials

October 1, 2014
Marilyn Odendahl
With the start of October comes the celebration of the ancient rite of the Red Mass. Two masses, meant to convey God’s blessing on those who serve the law, will be held in Indiana.
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Justices reverse COA, reinstate ex-teacher's attempted seduction charge

October 1, 2014
Dave Stafford
A former high school teacher must face a charge of attempted child seduction for Facebook communications propositioning a 16-year-old student for sex, the Indiana Supreme Court ruled Tuesday, reinstating a case the Court of Appeals had dismissed.
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Judge upholds conviction in southwestern Indiana slaying

October 1, 2014
 Associated Press
A judge has denied a southwestern Indiana man's request to reverse his murder conviction for the shooting death of his ex-girlfriend's father.
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Venue change sought in case of woman's 1975 death

October 1, 2014
 Associated Press
An Indiana man who spent more than 25 years in prison for the death of his second wife is seeking a new location for his trial on charges he killed his first wife in 1975.
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What if high court rejects gay marriage cases?

October 1, 2014
 Associated Press
The fastest and surest path to marriage for same-sex couples in some parts of the United States would be for the U.S. Supreme Court to surprise everyone and decline to get involved in the issue right now.
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JQC files charges against judge following OWI arrest in Kentucky

September 30, 2014
Jennifer Nelson
The Indiana Commission on Judicial Qualifications filed one count against a southern Indiana town court judge who was arrested and pleaded guilty to operating while intoxicated in Louisville, Kentucky.
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Supreme Court tells judges how to deal with prolific, abusive litigants

September 30, 2014
Jennifer Nelson
The Indiana Supreme Court released a per curiam decision Tuesday dismissing the appeal of a man described as a “prolific, abusive litigant” based on the 123 cases he has filed in state court throughout Indiana. In its opinion, the justices also provide guidance to trial courts on how to deal with abusive and vexatious litigation practices.
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Court properly denied grandmother visitation rights

September 30, 2014
Jennifer Nelson
A trial court properly ruled on a case as a petition for grandparent visitation, not as a modification of already established visitation, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a paternal grandmother’s request for visitation.
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Court erred in ordering insurer to pay costs of cleanup

September 30, 2014
Jennifer Nelson
A trial court misinterpreted a previous ruling involving an insurance coverage dispute for environmental cleanup costs, and as such, erred when it ordered the insurer to pay costs that were incurred as a result of a settlement, the Indiana Court of Appeals held.
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COA split on upholding battery conviction

September 30, 2014
Jennifer Nelson
The Indiana Court of Appeals was divided Tuesday over whether to affirm a man’s conviction of Class C felony battery by means of a deadly weapon following an attack on his son-in-law. The dissenting judge believed the defendant should have been able to include the victim’s prior inconsistent statements at trial.
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Foreclosure notice by newspaper not good enough for COA

September 30, 2014
Marilyn Odendahl
A bank’s failure to give proper notification of a foreclosure has kept a lienholder’s judgment alive and created uncertainty as to who holds the title to a property.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. 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.

  3. 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

  4. 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

  5. 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

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