Legal News

Justices revoke conditional bar admission

October 3, 2012
Jennifer Nelson
The Indiana Supreme Court has revoked Harlan L. Vondersaar’s conditional admission to the state bar because he practiced law while suspended.
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Judges find no misconduct by hospital

October 3, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case – prior to trial.
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Fraternity pledge loses appeal involving alleged hazing incident

October 2, 2012
Jennifer Nelson
Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”
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Trial court should not have admitted statement to detective

October 2, 2012
Jennifer Nelson
The Indiana Court of Appeals found the Vanderburgh Circuit Court abused its discretion in admitting at trial statements a defendant made to a police detective.
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COA rejects arguments Batson should extend to juror age

October 2, 2012
Jennifer Nelson
A trial court did not err in overruling a defendant’s Batson objection to the removal of two African-Americans from the jury during his trial for drug charges, the Court of Appeals held Tuesday.
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Justices reinstate COA opinion after hearing arguments

October 2, 2012
IL Staff
After hearing arguments last week in a discrimination case, the Indiana Supreme Court decided Monday not to assume jurisdiction over the appeal.
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SCOTUS declines Indiana robo-call case

October 2, 2012
Jennifer Nelson
The Supreme Court of the United States came back for its 2012 session Monday and decided it will not take the appeal filed by a provider of prerecorded telephonic messages seeking to overturn enforcement of a ban on automated robo-calls in Indiana.
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Justices to hear negligent design case

October 1, 2012
IL Staff
The Indiana Supreme Court took three cases last week, including a lawsuit filed by a man rendered a quadriplegic after he fell out of a company truck while working for Richmond Power.
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Committee taking another look at emancipation law

October 1, 2012
IL Staff
The Child Custody and Support Advisory Committee meets Tuesday to discuss the law passed during the 2012 legislative session that reduced the age of emancipation to 19 for child support purposes.
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Clay County man entitled to discharge because of ruling delays

October 1, 2012
Jennifer Nelson
The Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.
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Woman gets 4-year sentence for lying about being injured in State Fair collapse

October 1, 2012
Jennifer Nelson
One of the two women prosecutors say filed false claims in order to receive money from funds set up for victims of the stage collapse at the Indiana State Fair in 2011 received a four-year sentence Friday.
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Trial court correctly revoked man’s probation in 5 cases

September 28, 2012
Jennifer Nelson
A Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.
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COA orders jury trial on animal cruelty charges

September 28, 2012
Jennifer Nelson
An Evansville man convicted of six counts of misdemeanor animal cruelty due to the condition of horses on his property did not knowingly waive his right to a jury trial and, therefore, is entitled to a jury trial, the Indiana Court of Appeals concluded.
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Legislators to receive Shepard pro bono award

September 28, 2012
Jennifer Nelson
State Sen. Brent Steele, R-Bedford, and Rep. Eric Koch, R-Bedford, will receive the Indiana Pro Bono Commission’s Randall T. Shepard Award for excellence in pro bono publico, the Indiana Bar Foundation announced Thursday.
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Conour drops attorneys, gets $15k from shrinking trust

September 27, 2012
Dave Stafford
Ex-attorney William Conour and his defense lawyers officially parted ways on Thursday. A federal judge afterward granted Conour’s request that he receive $15,000 from a $100,000 trust fund set up for compensating client victims he is accused of defrauding.
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Court video pilot project will last through 2013

September 27, 2012
Jennifer Nelson
The pilot project announced this summer by the Indiana Supreme Court that includes using video transcripts in three trial courts as the official court record will run through Dec. 31, 2013.
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Federal judge dismisses whistleblower suit against Rolls-Royce

September 27, 2012
Scott Olson
A federal judge in Indianapolis has dismissed a whistleblower lawsuit filed by a former Rolls-Royce Corp. engineer who accused the company of selling faulty aircraft engine parts to the government.
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Durham to be sentenced Nov. 30

September 27, 2012
IL Staff
Tim Durham and the two other men convicted of running a Ponzi scheme and taking money from investors in Ohio-based Fair Finance Co. will be sentenced Nov. 30.
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Supreme Court amends disciplinary rule

September 27, 2012
IL Staff
Indiana Chief Justice Brent Dickson has signed an order amending Admission and Discipline Rule 23, Section 26 on the disciplinary commission and proceedings.
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Indiana justices asked to answer question under Common Construction Wage Act

September 26, 2012
Jennifer Nelson
U.S. Judge Sarah Evans Barker has asked the Indiana Supreme Court to answer a certified question that arose in a pay dispute between a Fort Wayne electrician and Indianapolis-based Gaylor Inc.
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State cannot enforce $1,000 cap on dental services for Medicaid recipients

September 26, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has left in place the preliminary injunction granted by Chief Judge Philip Simon last year that prevents the state from capping dental work for Medicaid recipients at $1,000 a year.
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7th Circuit affirms in part man’s convictions for producing fake documents

September 26, 2012
Jennifer Nelson
There is enough evidence to support two of the three convictions of an East Chicago man stemming from his making and selling various counterfeit documents, but photocopies in his possession cannot support his conviction of unlawful possession of five or more false identification documents.
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7th Circuit to hold arguments at Notre Dame Law School

September 26, 2012
IL Staff
The 7th Circuit Court of Appeals will hear arguments in three Indiana cases Oct. 1 at Notre Dame Law School, including a lawsuit filed by African-American police officers and firefighters in Indianapolis who claim the promotion process is racially discriminatory.
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Major changes coming in bankruptcy court Oct. 1

September 26, 2012
IL Staff
The U.S. Bankruptcy Court for the Southern District of Indiana is reminding practitioners that some amendments to local rules taking effect next month “may significantly impact” bankruptcy attorney practices.
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Loretta Rush is Indiana's next justice

September 26, 2012
Dave Stafford
Colleagues say the Supreme Court appointee brings life balance, temperament and skill to the job.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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