Legal News

Justices revise sentence of man with mental illness

January 25, 2017
Olivia Covington
The justices of the Indiana Supreme Court have revised the sentence of a Daviess County man with a history of mental illness who was convicted of burglary, drawing on the dissent of Indiana Court of Appeals Judge Paul Mathias, who advocated for treatment for offenders who are mentally ill.
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7th Circuit vacates denial of prisoner’s request for help finding counsel

January 25, 2017
Olivia Covington
The 7th Circuit Court of Appeals has vacated a district court order denying a request to help an inmate living in another state recruit counsel for an Indiana case, noting that without counsel or a medical expert, the inmate will be unable to build a strong legal case.
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COA: Restitution must be based on value of damaged car, not upgraded vehicle

January 25, 2017
Olivia Covington
Trial courts must award restitution based on the cost of an item that was stolen or damaged, not the cost of upgrading to a new item, the Indiana Court of Appeals held Wednesday, so the Marion Superior Court erred when it ordered restitution based on the cost a woman incurred in purchasing a newer vehicle after a wreck.
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7th Circuit affirms denial of evidentiary hearing, post-conviction review

January 25, 2017
Olivia Covington
The appointed public defender for a man convicted and sentenced for distributing cocaine tried to advise his client to accept a plea agreement, so that client cannot appeal on the basis of ineffective assistance of counsel, the 7th Circuit Court of Appeals ruled Wednesday.
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Trump intends to announce his Supreme Court pick on Feb. 2

January 25, 2017
 Associated Press
President Donald Trump said Wednesday he intends to announce his nominee for the Supreme Court on Feb. 2, and three federal appeals court judges are said to be the front-runners to fill the lifetime seat held by the late Justice Antonin Scalia, a conservative icon.
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ABA House of Delegates turning its attention to law schools

January 25, 2017
IL Staff
The American Bar Association is poised to dial up the pressure on law schools by linking bar exam passage rates to accreditation.
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Report: number of black attorneys decreasing in large firms

January 25, 2017
Olivia Covington
The decline may be due to a lack of African-American partners at the firms and more black attorneys choosing to open their own practices.
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Retiring Rucker urges diversity on court

January 25, 2017
Dave Stafford
As the first African-American to serve on the state’s appellate bench, retiring Indiana Supreme Court Justice Robert Rucker said he doesn’t think of himself as a trailblazer, but he said it’s important the state’s high court look like the population it serves.
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Rush praises ‘Partners in Justice’ during address

January 25, 2017
Olivia Covington
In her third State of the Judiciary address as chief justice of the Indiana Supreme Court, Loretta Rush highlighted how partnerships in the state’s judicial system are serving to further three initiatives to the benefit of litigants and legal professionals alike.
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Former IDEM employee's lawsuit highlights risks, rewards for whistleblowers

January 25, 2017
Marilyn Odendahl
Suzanne Esserman claims the Indiana Department of Environmental Management fired her for questioning payments to private contractors, so she's filed a whistleblower lawsuit.
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Young attorneys, law students prone to mental health issues

January 25, 2017
Olivia Covington
Stresses from school and adapting to one's first legal job can lead to poor health and self-medicating, but confidential assistance is available.
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For small and solo firms, financial and succession planning takes commitment

January 25, 2017
Dave Stafford
At 41, Cumberland family law and estate attorney Jessica Lacy thinks a lot about her 10-month-old daughter’s future, but she’s also mindful of the years ahead for those who work with her.
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Funding ‘critical’ to continue criminal code reform initiatives

January 25, 2017
Marilyn Odendahl
As lawmakers hammer out another biennial budget, officials backing Indiana’s criminal justice reform say money is the key to keeping the effort moving forward.
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Open government advocates find victory in Groth decision

January 25, 2017
Olivia Covington
Not much was changed in terms of government transparency when the Indiana Court of Appeals rejected former Gov. Mike Pence’s argument that the Indiana executive branch’s responses to open record requests are exempt from judicial review. But, according to open government advocates, that lack of change is actually a good thing.
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District court declines to stop Supreme Court disciplinary hearing

January 24, 2017
Olivia Covington
A federal judge has declined to intervene in an Indiana Supreme Court disciplinary proceeding against a northern Indiana attorney who claims he is being discriminated against in violation of the Americans with Disabilities Act.
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Supreme Court suspends attorney for misrepresentation, domestic battery

January 24, 2017
Olivia Covington
The Indiana Supreme Court has suspended from practice a Chicago attorney who misrepresented his abilities to a client and was convicted of battery against his wife.
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Birth certificate battle headed to 7th Circuit

January 24, 2017
IL Staff
Indiana’s battle over who can be listed on a birth certificate is headed for another round with the state filing an appeal of a federal court’s ruling that allows non-birth mothers to be listed on their children’s birth certificates.
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Common Cause Indiana opposes Sessions for attorney general

January 24, 2017
Marilyn Odendahl
Common Cause Indiana stepped into Sen. Joe Donnelly’s Indianapolis office Tuesday afternoon and turned over a petition with more than 4,000 signatures opposed to the nomination of Alabama Sen. Jeff Sessions for U.S. Attorney General.
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Lawmakers consider bill prohibiting misdemeanor sex-crime expungement

January 24, 2017
Olivia Covington
After a high school teacher in Bedford was convicted of a felony for maintaining a sexual relationship with his 17-year-old student, the teacher received alternative misdemeanor sentencing and, upon, successful completion of probation, had the sexual offense expunged from his criminal record.
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Justices take appeal from HHGregg managers denied bonus proceeds

January 24, 2017
Dave Stafford
The Indiana Supreme Court will hear a case weighing whether HHGregg senior managers are entitled to share in $40 million worth of life insurance proceeds from the 2012 death of then-executive chairman of the board Jerry Throgmartin.
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Judson honored with award for court administration

January 24, 2017
Olivia Covington
Former Indiana state court administrator Lilia Judson has been honored with an award recognizing her commitment to the administration of justice throughout the Indiana judiciary.
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Barker rules ballot photo ban unconstitutional

January 24, 2017
Olivia Covington
An Indiana law prohibiting voters from taking photos of their ballots for personal use is an unconstitutional violation of First Amendment rights, a district court judge has decided.
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COA: Company cannot withhold ‘voluntary’ deductions from ex-employee's pay

January 23, 2017
Olivia Covington
A plumbing and electrical company cannot impose “voluntary” tax deductions on a former employee’s final paycheck without statutory authority, nor can it force that employee to pay a $1,000 insurance deductible after an auto accident, the Indiana Court of Appeals held Monday.
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Court allows release of juvenile offender ID for HIV study

January 23, 2017
IL Staff
The Indiana Supreme Court has approved the release of identifying information of young offenders in juvenile courts, including full names and partial social security numbers, as part of a scholarly study into health care utilization and quality for juvenile offenders.
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COA: Trial court lacked jurisdiction to order BMV to act

January 23, 2017
Olivia Covington
The Indiana Court of Appeals found in favor of the Indiana Bureau of Motor Vehicles Monday after finding that a litigant’s failure to comply with the Administrative Order and Procedures Act left a trial court without jurisdiction to order the BMV to act on the litigant’s petition.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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