Legal News

New laws on slowpoke drivers, rape charges taking effect

June 30, 2015
 Associated Press
The religious objections bill that sparked threats to boycott Indiana is the highest-profile state law taking effect Wednesday, but several dozen others also are officially going on the books.
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Former Ovation CFO arrested on multiple theft charges

June 30, 2015
IBJ Staff
The former chief financial officer for Ovation Audio-Video Solutions LLC has been arrested and charged with more than 20 counts of theft for allegedly misappropriating about $600,000 in company funds for his own use, Marion County Prosecutor Terry Curry announced Monday.
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Indy skyline photo copyright appeal not fully developed

June 30, 2015
Dave Stafford
A lawyer and photographer’s appeal in a copyright lawsuit over unlicensed use of his photo of the Indianapolis skyline was improper, the 7th Circuit Court of Appeals ruled Monday, dismissing the appeal.
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Court ruling spurs backers' hopes for redistricting changes

June 30, 2015
 Associated Press
Groups trying to curb the partisan sculpting of U.S. House of Representative districts are hoping their Supreme Court of the United States victory will prompt more states to create independent commissions to redraw congressional lines.
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Judge won't rule on venue change until jury selection

June 30, 2015
 Associated Press
A judge says she'll wait until jury selection to decide whether to move the trial of a Bloomington man charged with murder in the fatal beating of an Indiana University student.
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Homeowners meet criteria for adverse possession of disputed property

June 30, 2015
Marilyn Odendahl
A church that challenged those who, it believed, trespassed failed to convince the Indiana Supreme Court that a disputed strip of land was actually part of its property.
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Split COA panel affirms day care couple’s manslaughter convictions

June 30, 2015
Dave Stafford
A couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care failed to convince the Indiana Court of Appeals that they should get new trials.
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Appeals panel affirms partial summary judgment in foreclosure suit

June 30, 2015
Dave Stafford
The Indiana Court Appeals affirmed partial summary judgment granted in a mortgage foreclosure suit, rebuffing a creditor's interlocutory appeal seeking summary judgment to foreclose the mortgage.
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Former JA chief loses defamation appeal against attorney

June 30, 2015
Dave Stafford
The former president and CEO of Junior Achievement of Indiana lost a defamation appeal against an Indianapolis attorney Tuesday. The Indiana Supreme Court ruled the complaint was time-barred.
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Habitual offender changes not retroactive, COA holds

June 30, 2015
Dave Stafford
In affirming an Indianapolis man's conviction of aggravated battery and a habitual offender adjudication, the Indiana Court of Appeals also held that revisions to the state's habitual offender statute enacted a year ago are not retroactive.
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‘Rushing’ door sufficient for burglary conviction

June 30, 2015
Dave Stafford
A man who rushed the door of an apartment where a co-conspirator had arranged a drug buy was rightly convicted of Class A felony burglary resulting in serious bodily injury, the Indiana Court of Appeals held Tuesday.
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EPA loses on power-plant emissions rule

June 29, 2015
 Bloomberg News, IL Staff
The Obama administration didn’t adequately consider the billions of dollars in costs before issuing a rule designed to cut hazardous emissions from 460 coal-fired power plants, the Supreme Court of the United States ruled.
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Legislative and judicial history settles feud over estate

June 29, 2015
Marilyn Odendahl
Sisters arguing over the family estate failed to provide the court with “clear and convincing evidence” that their father’s intentions were different from his actions.
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Justices uphold Arizona’s system for redistricting

June 29, 2015
 Associated Press, IL Staff
The Supreme Court of the United States on Monday upheld Arizona congressional districts drawn by an independent commission and rejected a constitutional challenge from Republican lawmakers.
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Indiana House hires attorneys to defend public records suit

June 29, 2015
 Associated Press
The Indiana House of Representatives has hired two outside attorneys, who bill an average of nearly $400 an hour, to defend itself from a lawsuit filed over its refusal to provide correspondence over a solar power bill under the state's public records law.
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Tim Durham fails to convince judge to reduce 50-year sentence

June 29, 2015
Scott Olson
Convicted Ponzi scheme leader Tim Durham failed Friday afternoon in his bid to get his 50-year prison sentence reduced.
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Man’s sentence affirmed despite misapplication of law

June 29, 2015
Dave Stafford
A misapplication of Indiana law in setting a 10-year cap in a plea agreement for a man who admitted to multiple counts of child neglect and criminal confinement doesn’t require reversal, a divided Indiana Supreme Court held Monday.
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In case of conflicting evidence, high court defers to jury verdict

June 29, 2015
Marilyn Odendahl
A Pike County man challenging the jury’s finding that he was not insane or mentally ill did not meet what the Indiana Supreme Court acknowledged was a “heavy burden” to overturn the guilty verdict.
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Justices affirm burglary conviction COA tossed out for perjury

June 29, 2015
Dave Stafford
The Indiana Supreme Court on Friday affirmed a trial court burglary conviction that a Court of Appeals panel vacated on the basis that the prosecution used perjured testimony.
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Justices uphold use of drug implicated in botched executions

June 29, 2015
 Associated Press
The Supreme Court of the United States has upheld the use of a controversial drug that has been implicated in several troubled executions.
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Justices allow new hearings in North Carolina capital cases

June 29, 2015
 Associated Press
The Supreme Court of the United States has left in place lower court rulings ordering hearings over jurors in two North Carolina death penalty trials who reached beyond the jury room for biblical references to help their deliberations.
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Supreme Court will re-hear Texas affirmative action

June 29, 2015
 Associated Press
The Supreme Court of the United States will dive back into the fight over the use of race in admissions at the University of Texas, a decision that presages tighter limits on affirmative action in higher education.
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Judgment reserving funds for mechanic’s lien reversed

June 26, 2015
Dave Stafford
A trial court judgment that a mortgage company reserve money to satisfy a mechanic’s lien was reversed by the Indiana Court of Appeals on Friday.
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Warsaw poker game operator’s conviction flushed

June 26, 2015
Dave Stafford
The operator of a fundraising poker game at a Warsaw veterans lodge won an appeal of his contracting conviction Friday at the Indiana Court of Appeals.
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Display celebrates Tinder’s career

June 26, 2015
IL Staff
In honor of 7th Circuit Court of Appeals Judge John Daniel Tinder’s retirement, a display has been installed in the main hall of the first floor of the Birch Bayh Federal Building and United States Courthouse in Indianapolis.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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