Legal News

Vacancies on federal bench will be topic of White House meetings Monday

May 4, 2012
IL Staff
Reba Boyd Wooden, executive director of the Center for Inquiry-Indiana, will travel to Washington Monday to meet with White House officials about the vacancy crisis in America’s federal courts.
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Governor signs Lifeline Law

May 4, 2012
IL Staff
A ceremonial signing of Indiana’s Lifeline Law was held Friday at the Statehouse. Senate Enrolled Act 274 provides legal immunity from prosecution for those who seek medical attention for an intoxicated person.
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Attorney sentenced to 8 years for theft

May 3, 2012
Jennifer Nelson
Stacy Sheedy, the Indianapolis attorney and accountant who pleaded guilty to theft charges for misappropriating nearly $600,000 from a guardianship account and family trust, was sentenced to eight years in prison Thursday.
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COA affirms when interest on payments from state fund begins to accrue

May 3, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the trial court ruling in a dispute over what interest rate is charged and when it begins to accrue on payments due from the Indiana Patient’s Compensation Fund to successful medical malpractice claimants.
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Judges reverse marijuana conviction

May 3, 2012
Jennifer Nelson
The search of the car driven by a defendant violated the Fourth Amendment, the Indiana Court of Appeals ruled, so the trial court abused its discretion in admitting evidence obtained through an inventory search of the car.
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COA finds man was shareholder at time of stock sale

May 2, 2012
Jennifer Nelson
A dispute between family members over stock of the family company led to the Indiana Court of Appeals addressing an issue involving shareholders and revocable trusts that hasn’t yet been addressed in Indiana: whether the settlor, who places shares of stock into a revocable inter vivos trust and names himself as trustee and beneficiary, retains his shareholder status.
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Man can't prove ineffective assistance from attorney

May 2, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed his trial counsel was ineffective.
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Chief justice to be selected May 15

May 2, 2012
IL Staff
The Indiana Judicial Nominating Commission will meet May 15 to vote on who will be Indiana’s chief justice. Justice Brent Dickson has been acting chief justice since Chief Justice Randall T. Shepard retired in March.
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3 task force proposals address issues in Marion County Small Claims courts

May 1, 2012
Jennifer Nelson
The Marion County Small Claims Task Force created by the Indiana Supreme Court has released its report outlining its investigation into problems within the county’s small claims courts. The report proposes three ways to address the problems, including incorporating the small claims courts into Marion Superior Court.
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Faegre Baker Daniels attorney's home is target of shooting

May 1, 2012
IL Staff
The home of an attorney at Faegre Baker Daniels in Fort Wayne was shot at Tuesday morning. Police are exploring whether the shooting is connected to an incident last month in a neighboring subdivision in which a Faegre Baker Daniels attorney was shot in his garage.
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7th Circuit vacates sanction in contempt judgment

May 1, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was imposing the sanction he did, so the 7th Circuit vacated the sanction.
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Patriotic Veterans seeks to lift ban on robo-calls for primary

May 1, 2012
IL Staff
An Illinois-based nonprofit that wants to make political robo-calls in Indiana for the May primary has asked the 7th Circuit Court of Appeals to lift a stay banning the company from doing so.
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Massa investiture May 7

May 1, 2012
IL Staff
The formal swearing-in ceremony for new Indiana Justice Mark Massa will be May 7 in the Indiana Supreme Court Courtroom.
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Indiana justices take 2 cases

April 30, 2012
Jennifer Nelson
The Indiana Supreme Court has agreed to hear the case filed by a fired professor at the University of Evansville against the school.
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COA affirms use of equitable subrogation

April 30, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the trial court’s decision to award title over a disputed piece of property, but reversed regarding the order the defendant pay the plaintiff’s attorney fees.
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Judges affirm denial of motion to withdraw plea

April 30, 2012
Jennifer Nelson
The trial court did not err when it denied a defendant’s motion to withdraw his guilty plea after his attorney failed to discover that the state could charge him with being a habitual offender in only one of the two separate causes that were filed against him, the Indiana Court of Appeals ruled.
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Man not prejudiced when prosecutor read illiterate witness' statement before jury

April 30, 2012
Jennifer Nelson
Although it would have been better for the trial court to excuse the jury before reading an illiterate witness’s prior statement to him to refresh his memory, any error attributable to its use is harmless, the Indiana Court of Appeals ruled.
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Judges uphold inpatient treatment for juvenile

April 30, 2012
Jennifer Nelson
Because the record shows that a juvenile’s placement at an inpatient treatment facility is consistent with the goals for the teen’s rehabilitation, the Indiana Court of Appeals upheld the juvenile court’s placement order.
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COA rules in favor of chamber in breach of contract dispute

April 30, 2012
Jennifer Nelson
In its decision ordering summary judgment be entered in favor of the Brownsburg Chamber of Commerce in a lawsuit involving damages to a former employee, the Indiana Court of Appeals adopted the proposition that damages for breach of notice provisions are limited to compensation for the notice period.
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U.S. justices to rule on retroactivity of case involving guilty pleas by immigrants

April 30, 2012
Jennifer Nelson
The Supreme Court of the United States will hear a case that stems from its 2010 decision Padilla v. Kentucky, in which the justices held that criminal defense attorneys are obligated under the Sixth Amendment to advise noncitizen defendants about immigration consequences of pleading guilty. The justices will now rule on whether its decision is retroactive.<
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Attorneys donate record amount to food banks

April 27, 2012
Jennifer Nelson
Lawyers and law firms participating in this year’s March Against Hunger raised the equivalent of 135 tons of food, a record amount for the competition that’s in its fourth year.
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Courts not responsible to find person named in subpoena

April 27, 2012
Jennifer Nelson
It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.
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Indianapolis attorney charged with defrauding clients out of $2.5M

April 27, 2012
Jennifer Nelson
An Indianapolis attorney has been charged with misappropriating more than $2 million from his clients.
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Former secretary of state suspended

April 26, 2012
Jennifer Nelson
The Indiana Supreme Court suspended former Indiana Secretary of State Charlie White Wednesday because he was convicted of several felonies following a trial on voter fraud charges.
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Bar associations celebrate 'Law Day'

April 26, 2012
Jennifer Nelson
Bar associations in Evansville and Indianapolis will celebrate “Law Day” with local events involving high schools. The theme of this year’s day is “No Courts, No Justice, No Freedom.”
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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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