Legal News

COA reverses ruling in favor of couple who kept alpacas in residential area

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a Lake County court erred when it denied the county’s request for an injunction to prevent a couple from keeping alpacas on their property to raise for business purposes.
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SCOTUS sides with Idaho in Medicaid pay dispute

March 31, 2015
 Associated Press
Private health care providers cannot sue to force states to raise their Medicaid reimbursement rates to keep up with rising medical costs, the Supreme Court of the United States ruled Tuesday.
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Court finds railroad’s arguments over dam don’t hold water

March 31, 2015
Jennifer Nelson
Because a railroad company failed to prove there are no genuine issues of material fact regarding its defense to a breach of covenant claim against it concerning the maintenance of a dam, the Indiana Court of Appeals reversed summary judgment in its favor and remanded for further proceedings.
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US Supreme Court weighs Spider-Man toy patent fight

March 31, 2015
 Associated Press
Spider-Man's latest adventure is taking him through the strange and mysterious world of patent law.
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Indiana man convicted in 2 killings to get life in prison

March 31, 2015
 Associated Press
A northern Indiana man is set to spend the rest of his life in prison without parole for the killings of his brother and sister-in-law.
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Pence wants changes to religious-objections law

March 31, 2015
 Associated Press
Indiana Gov. Mike Pence said Tuesday that he wants legislation on his desk by the end of the week to clarify that the state's new religious-freedom law does not allow discrimination against gays and lesbians.
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Questions exist as to whether fiduciary duty was breached

March 31, 2015
Jennifer Nelson
There is sufficient evidence to create genuine issues of material fact as to whether a shareholder breached its fiduciary duty owed to other shareholders and whether it committed constructive fraud by remaining silent about two businesses’ financial states, the Indiana Court of Appeals ruled Tuesday.
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Ambiguous probation condition leads to reversal of violation finding

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the revocation of a woman’s probation after two judges ruled the probation condition at issue is ambiguous regarding whether and when she had to report an arrest while on probation for a charge that allegedly occurred before the probation began.
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Court upholds convictions from controlled drug buys

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that his two Class B felonies for dealing in cocaine should be reversed based on prosecutorial misconduct and his limited cross-examination of the state’s confidential informant.
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COA orders man resentenced with credit time considered

March 31, 2015
Jennifer Nelson
Although the Indiana Court of Appeals disagreed with a defendant’s argument on appeal, it still found the trial court erred when it ordered him to serve the entirety of his original sentence without any credit time for time spent on home detention.
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SCOTUS says lawyer’s brief absence doesn’t merit retrial

March 30, 2015
 Associated Press
The  Supreme Court of the United States says a Michigan man convicted of murder and armed robbery does not deserve a new trial even though his lawyer was absent for 10 minutes during the original trial.
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High court to hear Kansas plea to reinstate death sentences

March 30, 2015
 Associated Press
The Supreme Court of the United States agreed Monday to hear Kansas' appeal to reinstate death sentences for two brothers in the fatal shootings of four people and for another man convicted of killing a couple.
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Divided court lets stand suppression of pat-down evidence

March 30, 2015
Dave Stafford
Three of Indiana’s five Supreme Court justices vacated transfer on a suppression-of-evidence case, letting stand a divided Court of Appeals ruling that a trial court abused its discretion by admitting evidence obtained in a questionable pat-down search.
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Metzger finishing ILS tenure this week

March 30, 2015
Marilyn Odendahl
Norman Metzger will spend this week cleaning nearly 46 years of work from his desk at Indiana Legal Services before beginning his retirement.
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Similar entrapment argument brings different COA ruling

March 30, 2015
Marilyn Odendahl
Again faced with the question of whether a defendant had been entrapped by an undercover detective posing as a prostitute, the Indiana Court of Appeals affirmed the lower court, reaching a different conclusion than they had in a similar case a year earlier.
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Indiana plans language to 'clarify' religious-objections law

March 30, 2015
 Associated Press
Indiana’s Republican legislative leaders said Monday they’re working on adding language to a new state law to make it clear that it doesn’t allow discrimination against gays and lesbians, while Democrats countered that a full repeal is the only way to stem the widespread criticism.
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Split COA reinstates State Fair stage collapse suit

March 30, 2015
Dave Stafford
The company that leased a temporary stage that collapsed in a windstorm killing seven and injuring dozens prevailed in overturning a trial court ruling in favor of the Indiana State Fair Commission. A dissenting appellate judge wrote that the majority placed form over substance in shifting liability to the state.
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Judge OKs $725K settlement against Whitley County sheriff

March 27, 2015
Dave Stafford
Defendants jailed in Whitley County more than 48 hours without a probable cause hearing in violation of U.S. Supreme Court caselaw will share a $725,000 settlement, a federal judge ruled.
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Medical-Legal partnership gets national honor

March 27, 2015
Marilyn Odendahl
Five years after its founding, the Eskenazi Health Midtown Community Mental Health Medical-Legal Partnership in Indianapolis is being recognized with a 2015 Outstanding MLP Award from the National Center for Medical-Legal Partnership.
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House committee removes public record search fee from bill

March 27, 2015
 Associated Press
Lawmakers on Thursday stripped an education bill of major proposed changes to Indiana's open records laws after concerns were raised about how the measure would impact all government agencies and not just schools.
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Panther Racing suit against IndyCar, Rahal Letterman tossed

March 27, 2015
Dave Stafford
A federal breach-of-contract lawsuit alleging damages of more than $17 million resulting from an IndyCar sponsorship dispute has been dismissed.
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COA splits over jury instruction, affirms conviction

March 27, 2015
Marilyn Odendahl
Although the Indiana Court of Appeals split over whether the jury instruction was erroneous, the panel was unanimous in upholding the defendant’s conviction for theft from Walmart.
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Bartholomew juvenile detentions plummet under JDAI

March 27, 2015
 Associated Press
The number of local juvenile offenders detained each year in Bartholomew County has been decreasing dramatically during the past decade, the Columbus Republic reports.
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Dispute over beach ownership heading back to trial court

March 26, 2015
Marilyn Odendahl
Property owners along Lake Michigan will have another chance to make their arguments in a dispute over which part of the beach belongs to them and which belongs to the public.
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States ask court to keep RadioShack from selling customer data

March 26, 2015
 Bloomberg News
Twenty-two states, including Indiana, have rallied around Texas in its legal challenge to RadioShack’s plan to sell personal data on 117 million customers.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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