Legal News

AG may appeal death penalty reversal in deputy’s slaying

June 3, 2015
IL Staff
The state is considering whether it will appeal a federal court ruling Tuesday that reversed the death penalty imposed on a man convicted of killing a Morgan County deputy sheriff nearly 14 years ago.
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Appeals court sides with EPA on air pollution limits

June 3, 2015
 Associated Press
A federal appeals court ruled Tuesday that the Environmental Protection Agency complied with the law in deciding which areas of the country failed to meet federal limits on smog-forming pollution that can cause asthma and respiratory illness.
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NCAA's top lawyer ready to keep fighting in O'Bannon case

June 3, 2015
 Associated Press
Donald Remy has an answer for those who believe the NCAA is waging a losing battle against Ed O'Bannon: Think again.
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Supreme Court pulls plug on audio-video transcript pilot project

June 3, 2015
Dave Stafford
Transcripts generated by video cameras have had their day in court in Indiana. The verdict is in favor of keeping paper records.
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Criminal defense attorney Robert Hammerle joins Pence Hensel

June 3, 2015
Marilyn Odendahl
Between them, the three defense attorneys have handled a range of cases from murder and the death penalty to fraud, civil business litigation and even treason. But on a recent morning, the trio of legal minds was gathered around the conference room table discussing the most pressing matter of that day – office furniture.
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Supreme Court appoints team to look at pro se litigant problems

June 3, 2015
Marilyn Odendahl
Less than two years after appointing a commission to expand civil legal services for the indigent, the Indiana Supreme Court has assembled another group to examine the nagging problems caused by pro se litigants.
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Injured man fails to convince COA he was mentally incompetent

June 2, 2015
Marilyn Odendahl
A split Indiana Court of Appeals found that affidavits from an injured man’s family members as to his mental competency were not sufficient to overcome his failure to file a complaint before the statute of limitations had expired.
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Plan to establish commercial courts in Indiana moves forward

June 2, 2015
IL Staff
The move to create commercial courts in Indiana, first mentioned by Chief Justice Loretta Rush during her State of the Judiciary address in January, is a step closer to becoming a reality. The Indiana Supreme Court announced Tuesday that it has named a working group to recommend policies and procedures for the courts, which could be hearing cases as early as 2016.
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Death sentence reversed in 2001 slaying of Morgan deputy

June 2, 2015
Dave Stafford
The death sentence imposed on a man for the killing Morgan County Deputy Sheriff Daniel Starnes in 2001 has been reversed by the 7th Circuit Court of Appeals.
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COA finds Zionsville has authority to incorporate neighboring township

June 2, 2015
Marilyn Odendahl
Describing itself as having a “hybrid status,” Zionsville successfully argued it had the authority to reorganize with Perry Township and convinced the Indiana Court of Appeals to overturn a lower court’s order blocking its efforts to incorporate the township.
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COA widens class-action suit against Lincoln National

June 2, 2015
Dave Stafford
A former policyholder’s class-action lawsuit claiming Lincoln National Life Insurance breached its contract was expanded Tuesday by a Court of Appeals ruling.
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Monroe County wants to bring trained dogs to court

June 2, 2015
 Associated Press
Efforts are underway in Monroe County to bring trained dogs to the courthouse in Bloomington.
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Parents sue Hobart school district over prayers at school events

June 2, 2015
 Associated Press
A Hobart school district faces a lawsuit over prayers that are said before athletic events, graduations and school board meetings from parents who say the prayers violate the First Amendment.
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Proposed rule bans T-shirts, gum-chewing in courtrooms

June 2, 2015
 Associated Press
A new rule being considered by judges in a southwestern Indiana county would prohibit lawyers, litigants and spectators from wearing T-shirts or shorts or chewing gum in courtrooms.
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More than 300 suspended for CLE, fee or IOLTA violations

June 2, 2015
IL Staff
More than 300 lawyers have been suspended for failing to pay registration fees, meet their continuing legal education requirements or submit certification of Interest on Lawyer Trust Accounts.
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Justices reinstate med-mal suit against doctor in stillbirth

June 2, 2015
Dave Stafford
The Indiana Supreme Court reinstated a medical malpractice case against a Richmond doctor accused of failing to meet the standard of care in examining a pregnant woman whose child subsequently was stillborn.
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Justices affirm stabbing conviction in evidence appeal

June 2, 2015
Dave Stafford
An Anderson man convicted of stabbing his son-in-law lost his appeal to the Indiana Supreme Court Tuesday. The man claimed the trial court wrongly excluded evidence that the victim told others that he had struck the man with a two-by-four piece of lumber before the knife attack.
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Indiana team gets SCOTUS reversal on deportation case

June 1, 2015
Marilyn Odendahl
Characterizing the government’s argument as making “scant sense,” the Supreme Court of the United States reversed the deportation order of a lawful permanent resident convicted for carrying a controlled substance in his sock.
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Justices reject Arizona no-bail law; OK immunity in prison suicide

June 1, 2015
 Associated Press
The Supreme Court of the United States on Monday rejected an Arizona county’s attempt to reinstate a state law that denies bail to people in the country illegally who are charged with certain crimes.
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Indiana Supreme Court to review police search struck down by COA

June 1, 2015
Dave Stafford
The Indiana Supreme Court will review a drug-possession conviction reversed by the Court of Appeals in February because a police search lacked reasonable suspicion.
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SCOTUS: Bankrupt homeowners can't void second mortgage

June 1, 2015
 Associated Press
A unanimous Supreme Court of the United States ruled homeowners who declare Chapter 7 bankruptcy can't void a second mortgage even if the home isn't worth what they owe on the first mortgage.
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High court throws out conviction for Facebook threats

June 1, 2015
 Associated Press
The Supreme Court of the United States on Monday threw out the conviction of a Pennsylvania man prosecuted for making threats on Facebook but dodged the free-speech issues that had made the case intriguing to First Amendment advocates.
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Indiana justices to weigh Lake County small precinct law

June 1, 2015
 Associated Press
The Indiana Supreme Court will hear arguments Thursday over a law that requires Lake County officials to study whether to consolidate election precincts with fewer than 500 active voters.
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7th Circuit affirms solitary confinement; cautions against it

June 1, 2015
Dave Stafford
An Indiana inmate's 30-day stint in solitary confinement at the Miami Correctional facility didn't violate his civil rights, the 7th Circuit Court of Appeals ruled Friday. But the panel cautioned judges and prison officials against wide use of the practice.
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Justices rule for Muslim denied job over hijab

June 1, 2015
 Associated Press
The Supreme Court of the United States ruled Monday for a Muslim woman who did not get hired after she showed up to a job interview with clothing retailer Abercrombie & Fitch wearing a black headscarf.
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  1. 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.

  2. 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".

  3. 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.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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