Legal News

Agents testify insurance was increased before home explosion

July 7, 2015
 Associated Press
Insurance agents say the girlfriend of a man accused of blowing up an Indianapolis house nearly doubled the coverage for the contents of her home 11 months before the explosion that killed two neighbors.
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Who gets the notes? The ABA sides with firms

July 7, 2015
 Bloomberg News
Clients may come and clients may go, but until now it hasn't been entirely clear who gets the documents, as well as the notes and drafts, when a client decides to change attorneys.
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GPS search after fatal crash unconstitutional, COA holds

July 7, 2015
Dave Stafford
The warrantless search of a driver's global positioning system after a crash in which a passenger died was unconstitutional, the Indiana Court of Appeals held Tuesday.
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Teens sentence their peers in Tippecanoe County program

July 7, 2015
 Associated Press
A special Tippecanoe County Courthouse program has jurors, lawyers and defendants, but they're all younger than 18.
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COA affirms habitual offender enhancement

July 7, 2015
Dave Stafford
A habitual offender failed to convince the Indiana Court of Appeals that an amended statute, which took effect July 1, 2014, should have been applied to enhance his dealing cocaine conviction.
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Law firm mergers and acquisitions hit record in first half of 2015

July 6, 2015
Marilyn Odendahl
In another active year of law firm mergers and acquisitions, Indiana attorneys’ offices are, so far, remaining on the sidelines.
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Law sending low-level offenders to counties raises questions

July 6, 2015
 Associated Press
Indiana counties are expecting to see increases in their inmate populations under a new law that will send low-level offenders to county jails, work release or home detention instead of to prison, the South Bend Tribune reported Sunday.
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Indiana Supreme Court weighs case on custody, mental illness

July 6, 2015
 Associated Press
The Indiana Supreme Court is weighing an emotionally charged case in which a man lost custody of his daughter after spurning child-welfare officials’ suggestions that he leave his mentally ill wife based on their fears that she might harm the girl.
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Indiana among 9 states contesting EPA water rule

July 6, 2015
IL Staff
Indiana will join eight other states that have challenged an Environmental Protection Agency rule redefining streams, creeks, ponds and wetlands as waters of the United States.
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Despite rebuke, Court of Appeals tosses default judgment

July 6, 2015
Marilyn Odendahl
A defendant who consistently failed to appear for scheduled hearings in small claims court gained a reprieve, but with an admonishment, from the Indiana Court of Appeals.
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ICJI crime victim grant application process now open

July 6, 2015
IL Staff
Organizations that assist victims of crime now may apply for grants from a larger-than-ever pool of available money, the Indiana Criminal Justice Institute announced.
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Convenience stores win one, lose one in property assessment battle

July 6, 2015
Marilyn Odendahl
In a pair of decisions, the Indiana Tax Court has upheld two rulings that found different valuations for the same property.
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In 3-2 decision, justices reinstate molestation conviction

July 6, 2015
Dave Stafford
A 3-2 decision of the Indiana Supreme Court on Thursday reinstated a Class A felony child molestation conviction that the Court of Appeals reversed because the defendant was denied opportunities to admit evidence.
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7th Circuit affirms ruling for Emmis in unpaid-dividend suit

July 6, 2015
Dave Stafford
A ruling in favor of Emmis Communications in a federal lawsuit brought by owners of preferred shares in the company was affirmed Thursday by the 7th Circuit Court of Appeals.
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AG announces settlement in dollar store merger

July 6, 2015
IL Staff
Indiana has joined 16 states in a Federal Trade Commission settlement as Dollar Tree Inc. prepares to acquire rival deep-discount store chain Family Dollar Stores Inc.
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7th Circuit rejects second challenge at ACA contraception mandate

July 2, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals has again rejected a college’s argument against having to give notification that it does not want to provide coverage for contraceptives as required under the Affordable Care Act.
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Firefighter allegedly targeted with noose sues ex-official

July 2, 2015
 Associated Press
A black Marion firefighter whose wife belongs to the family of a lynching victim has filed a federal lawsuit against an assistant fire chief who allegedly tied a rope into a noose.
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Key Indianapolis home blast witness tells of failed tries

July 2, 2015
 Associated Press
An Indianapolis woman whose house exploded, killing two people, testified Wednesday during her former boyfriend's trial in South Bend that he was determined to burn the home down for insurance money and became angry when the first two attempts failed.
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Notebook found in car falls under Fourth Amendment exception

July 2, 2015
Marilyn Odendahl
A notebook taken from a vehicle during an investigation of an identity-theft scheme was admissible at trial even though police did not have a search warrant, the 7th Circuit Court of Appeals has ruled.
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Appeals court reverses denial of Fortville annexation

July 2, 2015
Dave Stafford
The town of Fortville’s effort to annex more than 600 acres was wrongly blocked by a trial court, the Indiana Court of Appeals ruled Thursday, sending the matter back for further proceedings.
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7th Circuit slams lawyer, sets new law on fees

July 2, 2015
Dave Stafford
An Indianapolis attorney who appealed a class-action lawsuit seeking a share of his clients’ compensation on top of a statutory award of fees was called out by the 7th Circuit Court of Appeals, which denied his appeal and affirmed the judgment of the U.S. District Court for the Southern District of Indiana.
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Unambiguous contract means lower commission for employee

July 1, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals tossed a jury’s award of $1.5 million, finding the terms of the employee’s incentive plan were unambiguous and the trial was unnecessary.
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Divided justices deny State Fair stage collapse appeal

July 1, 2015
Dave Stafford
Victims who contested a settlement after the 2011 Indiana State Fair stage collapse failed to persuade a majority of Indiana Supreme Court justices to hear their appeal.
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COA upholds attorney’s criminal trespass conviction

July 1, 2015
Marilyn Odendahl

An attorney’s attempt to overturn his criminal trespass conviction by arguing the state statute is unconstitutional as applied to leased property was rejected by the Indiana Court of Appeals as failing to convince even a “person of ordinary intelligence."

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Woman convicted in baby’s death seeks visitation with daughter

July 1, 2015
 Associated Press
A northern Indiana woman who spent more than five years in prison for battering her infant who eventually died of the injuries has filed court document seeking visitation time with her other daughter.
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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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