Legal News

Judge believes lack of victim notification of plea supports vacating agreement

May 26, 2015
Jennifer Nelson
A Court of Appeals judge dissented from his colleagues on Tuesday when he voted to support a trial court's decision to throw out a plea agreement on the day of sentencing. The trial court discovered the victim in the case had not been notified of the plea agreement.
More

Court declines to rule on constitutionality of statute as it relates to auditors

May 26, 2015
Jennifer Nelson
Because the Marion County auditor does not have statutory or common law standing to appeal a property tax assessment board of appeals’ decision under Indiana Code 6-1.1-15-12 to the Indiana Tax Court, its judge, Martha Wentworth, held that the constitutional challenge raised regarding the statute will have to be decided another day.
More

Drug conviction reversed because state didn’t prove substance was heroin

May 26, 2015
Jennifer Nelson
Because police did not prove the product of a controlled drug buy was heroin, the Court of Appeals reversed a man's conviction of Class A felony dealing in a narcotic within 1,000 feet of a school.
More

KBR, Halliburton win at US Supreme Court on suit deadlines

May 26, 2015
 Bloomberg News
The Supreme Court of the United States tightened the time limits for whistle-blower lawsuits that accuse contractors of overbilling the federal government during overseas conflicts. The ruling is a victory for KBR Inc. and Halliburton Co.
More

SCOTUS to consider appeal over electoral districts

May 26, 2015
 Associated Press
The Supreme Court of the United States agreed Tuesday to hear an important case about whether states must count only those who are eligible to vote, rather than the total population, when drawing electoral districts for their legislatures.
More

US Supreme Court clarifies power of bankruptcy judges

May 26, 2015
 Associated Press
The Supreme Court of the United States says bankruptcy courts have authority to rule on disputes that fall outside the bankruptcy proceedings if the parties to the case consent.
More

COA: No evidence employee violated professional conduct rule

May 26, 2015
Jennifer Nelson
The Indiana Court of Appeals on Tuesday reversed the denial of a man's application for unemployment benefits, finding the record doesn't support that he was fired for just cause for violating his employer's professional conduct rules. The man kept a mentally disabled client in a hot car, citing his safety and the safety of other riders.
More

State proved man forced his way into apartment, COA holds

May 26, 2015
Jennifer Nelson
A man convicted of three crimes stemming from the robbery of an apartment could not convince the Indiana Court of Appeals that he did not force his way into the apartment because someone inside opened the door first.
More

Indiana fish farm loses lawsuits over unpaid bills

May 26, 2015
 Associated Press
A central Indiana fish farm that last year won approval for a $30 million expansion faces more than $200,000 in court judgments after lawsuits filed by businesses who say the company owes them money.
More

Gay marriage challenges cost Indiana $1.4M in attorney fees

May 26, 2015
 Associated Press
The state of Indiana had to pay more than $1.4 million in fees to plaintiffs' attorneys in its unsuccessful attempt to maintain a ban on same-sex marriages, the attorney general's office says.
More

COA reverses felony conviction for lack of evidence

May 22, 2015
Jennifer Nelson
The state did not prove that a St. Joseph County man intimidated another person when the man pulled out a knife after being confronted about stealing water, the Indiana Court of Appeals held Friday. The dissenting judge believed there to be no distinction between the defendant being “caught” stealing water and “confronting” the defendant about stealing it.
More

Man’s appellate arguments challenging misdemeanor convictions waived

May 22, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with the state that a man waived his arguments on appeal because he did not raise a relevant objection at trial, he did not make a cogent argument on appeal, and because his arguments are otherwise meritless.
More

Jury awards $32.5M to victim of 2006 traffic accident

May 22, 2015
 Associated Press
A jury awarded $32.5 million to a Dyer, Indiana, woman who suffered brain damage and was left partially paralyzed in a traffic accident.
More

Judge dismisses bulk of Christ Church suit against JPMorgan

May 22, 2015
Greg Andrews
A federal judge on Thursday dealt a major blow to Christ Church Cathedral’s lawsuit charging JPMorgan Chase & Co. caused $13 million in losses in trust accounts endowed decades ago by Eli Lilly Jr. via “intentional mismanagement” and “self-dealing.”
More

Indiana man faces more charges in Facebook threat case

May 21, 2015
 Associated Press
A federal grand jury has issued a second indictment with more charges against an Indiana man accused of threatening to blow up a courthouse and kill judges in a Facebook posting.
More

Bankruptcy lawyer’s unruly conduct draws warning

May 21, 2015
Dave Stafford
A Terre Haute lawyer’s behavior at a bankruptcy court proceeding last week so alarmed parties involved that U.S. marshals were called, according to an order warning he could face discipline for his conduct.
More

Certified question regarding Patient’s Compensation Fund dismissed

May 21, 2015
IL Staff
The Indiana Supreme Court has dismissed as moot a certified question sent to it from the U.S. District Court in the Northern District of Indiana regarding a claim the Patient’s Compensation Fund sought to pursue against an insurer.
More

FBI special agent to speak at Indiana Bar Foundation’s Fellows Dinner

May 21, 2015
Marilyn Odendahl
The 2015 class of Fellows will be inducted during the Indiana Bar Foundation’s Fellows Dinner at 6 p.m. June 13 at the historic Allen County Courthouse.
More

ESPN to appeal Indiana judge's ruling on Notre Dame police

May 21, 2015
 Associated Press
ESPN will appeal a northern Indiana judge's ruling that the University of Notre Dame police department is not subject to the state's open records law.
More

Magistrate chides ‘bloated filings’ in long-running gun dispute

May 20, 2015
Dave Stafford
A federal magistrate judge in a protracted trademark dispute over the design of competing firearms took aim Tuesday at lawyers he said were slowing the case.
More

Savings clause of 2014 criminal code revision not unconstitutional

May 20, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that the savings clause of the 2014 criminal code revision violates the Equal Privileges and Immunities Clause of the Indiana Constitution.
More

Fuel company settles claims over air emissions in 3 states

May 20, 2015
 Associated Press
Marathon Petroleum Corp. will pay a fine of nearly $3 million and spend another $2.8 million on pollution controls at its distribution terminals in Indiana, Kentucky and Ohio, the U.S. Justice Department said Tuesday.
More

Judge approves $200M settlement in 2012 meningitis outbreak

May 20, 2015
 Associated Press
Victims of a 2012 meningitis outbreak caused by a now-closed Massachusetts compounding pharmacy will have access to a $200 million compensation fund, following approval Tuesday by a federal bankruptcy judge.
More

COA: Trial court properly admitted drug evidence

May 20, 2015
Jennifer Nelson
The Indiana Court of Appeals held that a trial court acted within its discretion when it admitted evidence found after executing a search warrant of a large quantity of marijuana in a defendant’s backpack, which led to the revocation of the defendant’s probation.
More

Woman’s theft, check deception convictions affirmed

May 20, 2015
Jennifer Nelson
The Court of Appeals concluded Wednesday that a defendant did not establish that the trial court abused its discretion by refusing her proffered jury instruction or in the admission of pretrial identification evidence.
More
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

ADVERTISEMENT