Legal News

COA: Post-conviction court too speedy in its denial of petition

July 22, 2015
Marilyn Odendahl
A post-conviction court which denied a petition even before the state had responded has been ordered by the Indiana Court of Appeals to go back, slow down and do it over.
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7th Circuit affirms restaurateur’s harboring conviction

July 22, 2015
Dave Stafford
The 7th Circuit Court of Appeals Tuesday affirmed an Illinois businessman’s conviction of harboring illegal immigrants in a northern Indiana restaurant he owned along with a nearby house where his workers lived.
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Former HHGregg manager wins class-action suit over bonuses

July 22, 2015
Scott Olson, IBJ Staff
A former HHGregg Inc. manager has won his lawsuit charging that the company failed to pay incentive bonuses after reaching certain financial goals.
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Judgment for city on wrongful arrest claim affirmed

July 22, 2015
Dave Stafford
An Indianapolis man who claimed he was the victim of wrongful arrest and malicious prosecution may not pursue his federal civil rights lawsuit against the city and the arresting officer, but he may go to state court to sue the neighbor who claimed the man broke into his house and assaulted him.
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Opinions July 21, 2015

July 21, 2015
Indiana Supreme Court
In the Matter of: Steven J. Ouellette
02S00-1502-DI-107
Attorney discipline. Disbars Steven J. Ouellette for converting $8,725 in client funds and failing to cooperate with the disciplinary process. Ouellette, who currently was suspended indefinitely in a separate disciplinary matter, violated Rules of Professional Conduct 1.15(a), 8.1(b), 8.4(b) and 8.4(c). Respectively, those rules violations are for failing to hold client property in trust; failing to respond to disciplinary authorities; committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness; and conduct involving dishonesty, fraud, deceit or misrepresentation.
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Supreme Court disbars suspended Fort Wayne lawyer

July 21, 2015
Dave Stafford
A Fort Wayne lawyer’s latest disciplinary matter resulted in his disbarment for taking $8,725 from clients he represented in a bankruptcy case.
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COA: Petitioner entitled to tax deed after completing all steps

July 21, 2015
Dave Stafford
An entity that bought two properties at a tax sale fulfilled all the requisite steps to acquire ownership of the parcels, the Indiana Court of Appeals ruled, rejecting an appeal from the trust that previously owned the properties.
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Gender gap persists among lead trial counsel

July 21, 2015
 Bloomberg News
When it comes to lead trial counsel, a recent American Bar Association Study reveals that the gender divide shows no signs of going away.
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Dose of chlorine gas alone not enough to support diagnosis of respiratory illness

July 21, 2015
Marilyn Odendahl
A man who failed to produce an expert witness to link his respiratory ailment to a mishap at an amusement park will not be able to continue with his negligence claim.
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Justices take drug-buy sting appeal

July 21, 2015
Dave Stafford
The Indiana Supreme Court will review the conviction of a man arrested after authorities set up controlled cocaine purchases from him.
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Judge’s failure to address killers’ upbringings requires resentencing

July 21, 2015
Dave Stafford
Two men sentenced to life in prison for the 2000 murder of a 73-year-old nearly deaf Hammond gun store owner must be resentenced, the 7th Circuit Court of Appeals ruled Tuesday.
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Deaf courtroom spectator gets $124,500 settlement from state of Indiana

July 20, 2015
Marilyn Odendahl
A deaf Indiana man who was denied a sign-language interpreter in court has reached a $124,500 settlement with the state of Indiana.
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Residents celebrate law allowing alcohol at retirement homes

July 20, 2015
 Associated Press
Residents of a Bloomington retirement home are enjoying their successful push for a change to state law to allow the serving of alcohol at Indiana's nursing homes and retirement communities.
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Involuntary commitment vacated for lack of evidence

July 20, 2015
Dave Stafford
An Indianapolis woman was improperly ordered committed for mental illness, but there was insufficient evidence she was gravely disabled, a panel of the Indiana Court of Appeals ruled Monday. The decision further emphasizes the need for clear and convincing evidence of grave disability to support a commitment.
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Coroner: Arterial disease killed ND law professor at 31

July 20, 2015
IL Staff
The death of a popular Notre Dame Law School professor and undergradate mock trial coach was caused by cardiovascular disease, according to the St. Joseph County coroner’s office.
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Reversal: Court wrongly required $1.1M bond in estate spat

July 20, 2015
Dave Stafford
A trial court wrongly ordered an heir to an estate to post a bond of more than $1.1 million for a claim he submitted as he sought to block the sale of the family farm.
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Indiana AG Zoeller enters congressional race

July 20, 2015
 Associated Press
Indiana Attorney General Greg Zoeller is looking for a return to Washington by seeking the congressional seat that Republican U.S. Rep. Todd Young is giving up to run for the U.S. Senate next year.
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Judge OKs $60 million settlement in NCAA video game case

July 20, 2015
 Associated Press
A federal judge approved a $60 million settlement for college athletes in a class-action lawsuit filed against the NCAA and video-game maker Electronics Arts.
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Sex orientation added to Terre Haute anti-discrimination law

July 17, 2015
 Associated Press
The Terre Haute City Council has passed an amendment adding sexual orientation and gender identity to its local anti-discrimination ordinance.
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Supreme Court won't hear ex-Indiana elections chief appeal

July 17, 2015
 Associated Press
The Indiana Supreme Court has denied a request by former Secretary of State Charlie White that it review a state appeals court decision upholding his three felony convictions for voter fraud, theft and perjury.
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IBF establishes grant program with national settlement funds

July 17, 2015
Marilyn Odendahl
The Indiana Bar Foundation has established a new grant program to help residents and their communities heal wounds from the Great Recession.
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Altice selected to succeed Friedlander on Court of Appeals

July 17, 2015
Dave Stafford
Marion Superior Judge Robert R. Altice Jr. was named to the Indiana Court of Appeals Friday by Gov. Mike Pence.<
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Trial court had discretion in allowing hearsay statements into evidence

July 17, 2015
Marilyn Odendahl
A trial court, which excused two young girls from testifying against their abuser at trial and instead allowed their prior statements to be admitted into evidence, did not abuse its discretion, the Indiana Court of Appeals has ruled.
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Altice selected to succeed Friedlander on Court of Appeals

July 17, 2015
IL Staff
Marion Superior Judge Robert R. Altice Jr. has been named to the Indiana Court of Appeals, Gov. Mike Pence announced Friday.
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Pence orders investigation of Planned Parenthood in Indiana

July 16, 2015
 Associated Press
Gov. Mike Pence has directed the state Department of Health to investigate Planned Parenthood facilities in Indiana in cooperation with the Indiana attorney general to see if organs from aborted fetuses are being sold.
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