Legal News
Bankruptcy filings ease slightly in Indiana
March 1, 2011
Scott OlsonTotal bankruptcy filings in the Southern District of Indiana ticked down last year. Business bankruptcies in Indiana dropped
3.2 percent.
MoreIndianapolis attorney chosen as new magistrate judge
March 1, 2011
Michael HoskinsAn Indianapolis employment law attorney has been chosen as the newest U.S. magistrate judge for the Southern District of Indiana.
MoreFirst impression case tackles wetlands issue
February 28, 2011
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table
on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded
from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
MoreDefense attorney's arranged drug buy illegal
February 28, 2011
Jennifer NelsonThe Indiana Court of Appeals rejected a Bloomington attorney’s argument that his arrangement of a drug buy in an attempt
to discredit a state’s witness against his client wasn’t a criminal offense because he’s “on the same
legal footing” as prosecutors or police in planning controlled buys.
MoreHigh court takes 4 cases
February 28, 2011
IL StaffThe Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on
the day they granted transfer.
MoreGovernor appoints 3 judges
February 28, 2011
IL StaffGov. Mitch Daniels made three judicial appointments, filling vacancies in Howard, Jay, and Wells county courts.
MoreFirst Wednesdays return with immigration discussion
February 28, 2011
IL StaffThe American Civil Liberties Union of Indiana’s First Wednesday discussion series has returned. It kicks off March 2
with the panel discussion “Immigration: The Good, the Bad, and The Ugly.”
MoreCOA orders a new child support order
February 25, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a father’s petition to modify child support. The judges held he
didn’t waive his argument for modification because he made a prima facie showing he qualified for a modification under
one subsection of the statute, even though he argued before the trial court that he qualified based on the other subsection.
MoreWalkout creates uncertainty in House
February 25, 2011
Jennifer NelsonIt’s been a controversial week at the Indiana General Assembly with the walkout by many Democrats in the House of Representatives
killing several bills in their current forms as legislative deadlines hit.
MoreHigh court seeks comment on foreclosure practices
February 25, 2011
IL StaffThe Indiana Supreme Court is accepting comments from the public on the proposed “Mortgage Foreclosure Best Practices”
guidelines.
MoreBarnes & Thornburg opens Los Angeles office
February 25, 2011
Jennifer NelsonIndianapolis-based Barnes & Thornburg has expanded again, this time to the West Coast. A Los Angeles, Calif., office opened
today with six attorneys from Akin Gump Strauss Hauer & Feld.
MoreCourt divided on purchase agreement termination
February 24, 2011
Jennifer NelsonThe judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund
a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.
MoreCOA: Summons should notify of risk of default judgment
February 24, 2011
Jennifer NelsonDue process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or
otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution,
ruling it was void because the summons served on the wife was insufficient.
MoreJudges analyze 'use' of body armor for first time
February 24, 2011
Jennifer NelsonThe Indiana Court of Appeals interpreted the elements of unlawful use of body armor for the first time in a defendant’s
appeal of his convictions following his attempt to flee from police.
MoreJustices accept certified question on misdemeanor voting
February 24, 2011
Jennifer NelsonThe Indiana Supreme Court has taken a question proposed by a federal court in a suit challenging the law that prevents voting
by people with misdemeanor convictions.
MoreRace for LACE to benefit Kenya legal aid clinic
February 23, 2011
Rebecca BerfangerFollowing the success of last year’s Race for LACE to support the Legal Aid Centre of Eldoret, Kenya, organizers are
seeking participants for this year’s event that coincides with the 5K race held with the OneAmerica 500 Festival Mini-Marathon
on May 7.
MoreCOA divided on noncompete agreement, injunction
February 23, 2011
Jennifer NelsonEven though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority
of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found
the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
MoreNew magistrate judge’s investiture Friday
February 23, 2011
IL StaffMagistrate Judge Mark J. Dinsmore of the United States District Court for the Southern District of Indiana will be formally
sworn-in Friday at the federal courthouse in Indianapolis.
MoreCOA discusses vouching testimony in child molesting trials
February 22, 2011
Jennifer NelsonThe Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions
Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.
More7th Circuit agrees crack cocaine offender's sentence can't be reduced
February 22, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals addressed an issue involving crack cocaine sentencing Tuesday – whether a defendant
sentenced under the career offender guideline, but with a downward departure for substantial assistance, is eligible for a
sentence reduction under 18 U.S.C. Section 3582(c)(2).
MoreJustices appoint pro temp judge for Marion County traffic court
February 22, 2011
IL StaffThe Indiana Supreme Court has appointed Indianapolis attorney Jane H. Conley as Judge Pro Tempore in Marion Superior Court,
according to a Feb. 16 order posted on the court’s website this week.
MoreSCOTUS denies one Indiana case, sidesteps others for now
February 22, 2011
Michael HoskinsThe Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address
another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than
a month ago addressing vehicular flight.
MoreIndiana man named Advocate of the Year
February 22, 2011
IL StaffA Marion man will be honored in March by the National Court Appointed Special Advocates Association with the G.F. Bettineski
Child Advocate of the Year Award. Frank West of CASA of Grant County will receive the award during the association’s
30th annual national conference in Chicago.
MoreJudges reverse summary judgment for agent, partner
February 21, 2011
Jennifer NelsonA case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question
without the aid of previous interpretations because of a lack of previous caselaw interpreting them.
MoreReligious-worship burglary enhancement doesn’t violate constitutions
February 21, 2011
Jennifer NelsonThe Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony
because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the
enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
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!!!
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.