Legal News

Kentucky gay marriage ban nixed, but no weddings yet

July 3, 2014
 Associated Press
Gay marriage advocates nationwide heralded the ruling striking down deeply conservative Kentucky's ban on same-sex marriage as a significant milestone, though matrimonies won't begin in earnest there anytime soon.
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Property conveyed by the entirety includes presumption of right of survivorship

July 3, 2014
Jennifer Nelson
In a question of first impression, the Indiana Court of Appeals Thursday held that when a property is conveyed by the entirety, there is a presumption the grantor intended to convey the property with the right of survivorship. It does not matter if the individuals are not husband and wife.
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Judges order SSA to determine if father is entitled to daughter’s disability benefits

July 3, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Wednesday sent a case back to the Social Security Administration after finding an administrative law judge’s decision that a woman was not totally disabled until Nov. 1, 2008, “deeply flawed.”
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Divided 7th Circuit revives Marion County Small Claims suit

July 3, 2014
Jennifer Nelson
More than eight months after Judge Richard Posner argued in a dissent that Newsom v. Friedman needs to be overruled, the 7th Circuit Court of Appeals did just that in an en banc decision involving Marion County’s Township courts.
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Counties worry about cost of criminal code changes

July 2, 2014
 Associated Press
Sweeping changes to Indiana's criminal code took effect Tuesday that will send more low-level, nonviolent criminals to community corrections programs and jails instead of state prisons, causing concern by some about the financial burden it will put on counties.
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Justices suspend 2 attorneys, concerned whether one is fit to practice

July 2, 2014
Jennifer Nelson
The Indiana Supreme Court issued two disciplinary opinions Wednesday, including a decision in which the justices suspended an Indianapolis attorney for at least 18 months, citing his “serious deficiencies in representing clients and himself.”
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Car dealer responsible for buyer’s unauthorized purchases at auction

July 2, 2014
Jennifer Nelson
After finding that a trial court did not err in reinstating an action after initially dismissing it with prejudice, the Indiana Court of Appeals affirmed summary judgment in favor of Automotive Finance Corp. on its action seeking repayment of loans made to purchase cars.
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Indiana to raise attorney registration fees

July 2, 2014
Dave Stafford
Annual registration fees for Indiana attorneys will increase nearly 25 percent, the Indiana Supreme Court announced in an order issued Monday.
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IU Maurer to begin offering scholarships to Wabash College grads

July 2, 2014
IL Staff
Indiana University Maurer School of Law and Wabash College have entered into an agreement establishing a scholarship and mentorship program for Wabash students interested in going to law school.
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ACLU sues 2 Indy police officers over car sticker

July 2, 2014
 Associated Press
An Indiana woman intended her bumper sticker reading "unmarked police car" as a joke, but two police officers didn't think it was funny. Now, they're being sued in federal court for allegedly violating the woman's free speech rights, and officials aren't laughing.
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US Justices act in other health law mandate cases

July 2, 2014
The Supreme Court of the United States on Tuesday confirmed that its decision a day earlier extending religious rights to closely held corporations applies broadly to the contraceptive coverage requirement in the new health care law, not just the handful of methods the justices considered in their ruling.
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Couples rush to marry after ruling makes same-sex marriage legal in Indiana

July 2, 2014
Marilyn Odendahl, Dave Stafford
The race to the courthouse began for many couples shortly after Richard Young, chief judge of the U.S. District Court for the Southern District of Indiana, issued a ruling that declared Indiana’s ban on same-sex marriage unconstitutional and permanently enjoined the state defendants from enforcing the laws barring same-sex marriage.
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Judge says no to Love but yes to marriage

July 2, 2014
Marilyn Odendahl
Two days after a judge overturns Indiana's ban on same-sex marriage, the 7th Circuit Court of Appeals granted the state’s request to stay the ruling pending an appeal.
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Financial picture worsens for Marion County courts

July 2, 2014
Dave Stafford
In Marion County, the funding shortfall is projected to be $4.6 million for 2015. Courts are routinely dealing with persistent shortfalls to support guardians ad litem appointed to represent juveniles in child in need of services cases.
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Mastering the law without a J.D.

July 2, 2014
Marilyn Odendahl
The move by two Indiana law schools to follow a national trend and offer master’s degrees to non-lawyers has many practicing lawyers asking where the graduates of these programs will fit into the legal profession.
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7th Circuit grants motion recognizing marriage of same-sex couple in Indiana

July 1, 2014
Marilyn Odendahl
The 7th Circuit Court of Appeals has issued an order compelling the state of Indiana to recognize the marriage of one same-sex couple.
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Transition period starting as new criminal code takes effect

July 1, 2014
Marilyn Odendahl
Criminal court judges in Indiana have now begun instituting the most comprehensive overhaul to the state’s criminal code in more than 30 years.
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Valparaiso law school welcomes new dean

July 1, 2014
Marilyn Odendahl
Andrea Lyon, the first woman to lead the Valparaiso University Law School, began her tenure July 1 as the dean.
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Drunk man who ran into woman rightfully convicted

July 1, 2014
Dave Stafford
The Indiana Court of Appeals Tuesday affirmed the public intoxication conviction of a man who showed signs of being drunk and walked into a woman as he left an Indianapolis nightclub, prompting a response from nearby police.
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Former Daviess Judge Judith Hayes Dwyer dies

July 1, 2014
IL Staff
The fourth woman to be appointed a state court judge in Indiana, Judith Hayes Dwyer died Saturday at her home in Washington, Ind. She was 75.
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AG offers county clerks guidance on same-sex marriage questions

July 1, 2014
Marilyn Odendahl
Indiana Attorney General Greg Zoeller’s office issued a memo to county clerks July 1 attempting to clear the confusion lingering from the several days when same-sex marriage was legal in Indiana.
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Indiana argues same-sex marriage of terminally ill woman should not be recognized

July 1, 2014
Marilyn Odendahl
While conceding the same-sex marriage lawsuit involving a terminally ill Indiana woman would warrant an exception, the Indiana attorney general maintained no legal exception has been found and the marriage should not be recognized by the state.
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Adoptive parent likens DCS to deadbeat parents

June 30, 2014
Dave Stafford
A woman who adopted three special-needs foster children said Monday the state’s failure to provided promised adoption subsidies made the Department of Child Services “basically deadbeat parents.”  
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Evansville’s Rudolph Fine merges with Jackson Kelly

June 30, 2014
IL Staff
A 20-lawyer firm in Evansville announced its merger with one of the nation’s 250 largest law firms effective July 1.
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SCOTUS rules public union can't make nonmembers pay fees

June 30, 2014
 Associated Press
The Supreme Court dealt a blow to public sector unions Monday, ruling that thousands of home health care workers in Illinois cannot be required to pay fees that help cover the union's costs of collective bargaining.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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