Legal News

Despite jury instruction error, man’s battery conviction upheld

December 17, 2014
Jennifer Nelson
Although the trial court erred in giving one jury instruction on self defense that only applies when deadly force is involved, the Indiana Court of Appeals affirmed an inmate’s Class A misdemeanor battery conviction because he otherwise couldn’t prove his self-defense claim.
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Online database shows convictions bring consequences beyond incarceration

December 17, 2014
Marilyn Odendahl
The American Bar Association has completed work on a national database that identifies the legal restrictions and prohibitions that individuals convicted of a crime face in addition to the sentence imposed by the court.
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COA upholds most of man’s spice convictions

December 17, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday affirmed all but one of a man’s drug convictions related to his selling of the drug commonly referred to as “spice” in his smoke shop. The judges also chastised the deputy attorney general who handled the case for again submitting a “foul” smelling record.
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General counsel are business enablers in the corporate environment

December 17, 2014
Tom Harton
The days of in-house legal departments working in the shadow of the executive suite are history, or should be. That’s the perception of general counsel in Indiana, who want a seat at the table in setting strategy for their companies and organizations. A recent Indiana general counsel survey reveals more.
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Online Extra: Judicial Roundtable 2014

December 17, 2014
IL Staff
When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state's appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana's Bankruptcy Court to discuss their career paths as well as opportunities and challenges today's courts and lawyers face.
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The changing face of the judiciary

December 17, 2014
IL Staff
When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state’s appellate courts were being led by women. Indiana Lawyer recently invited Indiana Chief Justice Loretta Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana’s Bankruptcy Court to discuss their career paths as well as the opportunities and challenges today’s courts and lawyers face.
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Judge holds 2013 abortion law violates Equal Protection Clause

December 17, 2014
Marilyn Odendahl
A ruling in federal court has essentially struck down Indiana’s restrictions on drug-induced abortions, but the argument that the law places an undue burden on women caused the court to refrain from making a final judgment.
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Death records law causing headache for genealogists

December 17, 2014
Marilyn Odendahl
Although the Indiana Supreme Court recently confirmed that death certificates listing the cause of death are public records, the state is continuing to grapple with questions over privacy and online access to the documents.
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State and federal courts clamp down on confidential filings

December 17, 2014
Dave Stafford
Come Jan. 1, lawyers better make certain they’re on firm ground before asking a judge to file court pleadings under seal. Attorneys also may face new liability if confidential information is mistakenly entered in a public case file. State and federal courts have rewritten rules for when and how court pleadings can be filed out of public view, reaffirming they should be open to inspection with limited exceptions.
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Conour pursues wire fraud appeal

December 17, 2014
Dave Stafford
As ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge moves ahead, so do victim lawsuits that seek to collect damages from colleagues who practiced with him years earlier and from a Conour creditor.
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Medical Malpractice Act does not apply to third party, COA rules

December 16, 2014
Marilyn Odendahl
A worker injured on the job by the actions of a co-worker who was taking prescribed narcotic pain killers is not subject to the limitations of Indiana’s Medical Malpractice Act.
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Appeals court remands divorce distribution for IRA recalculation

December 16, 2014
Dave Stafford
The value of an Individual Retirement Account was miscalculated by a trial court, but the Indiana Court of Appeals otherwise affirmed the distribution of a marital estate in a divorce case.
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Trial court must review treatment plan for mental patient, COA rules

December 16, 2014
Marilyn Odendahl
A man who challenged his ongoing commitment to a mental health facility got a partial victory in that the trial court has been ordered to review his medication to determine if it is substantially benefiting him.
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Divided appeals panel affirms judgment over time-limit objection

December 16, 2014
Dave Stafford
A divided Court of Appeals Tuesday affirmed a trial court judgment for $175,000 in favor of a consultant who co-signed a mortgage in exchange for shares in a company and half-ownership in the real estate.
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Appeals court affirms contempt over parenting-time violation

December 16, 2014
Dave Stafford
A mother who was found in contempt of court for failing to abide by court-ordered parenting time provisions got no relief Tuesday from the Indiana Court of Appeals.
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COA decision in dueling-precedent case affirmed by Supreme Court

December 16, 2014
Marilyn Odendahl
Reviewing a conflict in precedent in state caselaw regarding child support, the Indiana Supreme Court upheld the resolution reached by the Indiana Court of Appeals.
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Divided appeals panel reverses judgment against Thomson

December 16, 2014
Dave Stafford
A trial court improperly ruled in favor of an insurer on Thomson Inc.’s claims for the cleanup of toxic chemicals at two consumer electronics manufacturing sites.
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Father can’t challenge paternity 15 years after child’s birth

December 16, 2014
Jennifer Nelson
The trial court properly denied a man’s petition to rescind or vacate the paternity affidavit he signed when he was 17 years old, the Indiana Court of Appeals held Tuesday. The appeals court declined to reweigh the evidence regarding his and the child mother’s credibility.
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First Amendment complaint filed against county for nativity scene

December 16, 2014
Marilyn Odendahl
A nativity scene on the grounds of the Franklin County courthouse has become the subject of a federal lawsuit.
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Federal judiciary receives budget boost

December 16, 2014
Marilyn Odendahl
The $1.1 trillion spending bill passed by the U.S. Congress as a government shutdown loomed included some relief for the federal judiciary.
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Ohio girl hurt at fair challenges Indiana damages cap

December 16, 2014
 Associated Press
Attorneys for a 13-year-old Ohio girl hurt when a stage collapsed at the Indiana State Fair argued Monday that the state's cap on liability damages is unconstitutional and should be thrown out by the Indiana Court of Appeals.
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Judges toss ‘illegible’ federal lawsuits

December 16, 2014
Dave Stafford
Federal judges in Indianapolis last week wasted no time tossing two lawsuits from an abusive serial filer whose hand-scrawled complaints couldn’t be deciphered.
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Anderson man gets 65 years in cousin’s slaying

December 16, 2014
 Associated Press
An Anderson man convicted last month in his cousin’s shooting death has been sentenced to 65 years in prison.
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Indianapolis police testing body cameras

December 16, 2014
 Associated Press
The Indianapolis Metropolitan Police Department has begun a 60-day test of body cameras worn by officers.
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SCOTUS affirms search based on misunderstanding of law

December 15, 2014
 Associated Press
Police can use evidence seized during a traffic stop even if it turns out the officers initially pulled a car over based on a misunderstanding of the law, the Supreme Court of the United States ruled Monday.
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