Legal News
Justices order new trial for man tried in absentia
February 19, 2013
Jennifer NelsonA North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court
while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.
MoreMan facing deportation loses 2 appeals
February 18, 2013
Jennifer NelsonA citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals
in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty
to a crime should result in post-conviction relief.
MoreDecision could come soon on Don Marsh severance claim
February 18, 2013
Scott OlsonDon Marsh shouldn’t have to wait long to find out if he can collect his entire $4 million severance or whether he’ll
have to return the portion he’s already received from Marsh Supermarkets Inc.
MoreBrother’s previous threat allowed at trial
February 18, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded Monday that a threat made by a man against his brother a year before the man threw
hot water on the brother was properly admitted into evidence during trial.
MorePro se defendant wins reversal of restitution order
February 18, 2013
Jennifer NelsonA defendant ordered to repay more than $19,000 that a drug task force spent to investigate his methamphetamine manufacturing
will not have to make restitution because the state isn’t a victim under the restitution statute, the Indiana Court
of Appeals ruled.
MoreLong’s constitutional convention legislation before committee Tuesday
February 18, 2013
IL StaffSenate President Pro Tempore David Long’s resolution and two companion bills calling for states to gather to amend the
U.S. Constitution to limit the commerce clause and federal taxing authority will be heard before the Committee on Rules and
Legislative Procedure Tuesday.
MoreIndiana farmer’s case goes before the SCOTUS Tuesday
February 18, 2013
IL StaffU.S. justices will hear arguments Tuesday morning in the lawsuit brought by Monsanto Co. against Knox County farmer Vernon
Hugh Bowman alleging patent infringement.
More7th Circuit Bar seeks Indiana attorneys to honor
February 18, 2013
IL StaffEach year, the 7th Circuit Bar Association honors members of the legal profession for their pro bono and public service work
who are from the host state of the association’s annual meeting. Indiana is hosting the meeting May 5-7 in Indianapolis.
MoreWoman hit by foul ball strikes out at Court of Appeals
February 15, 2013
Jennifer NelsonA baseball organization in Lake County is not liable for the injuries a fan suffered when she was hit in the face by a foul
ball during a game, the Indiana Court of Appeals ruled Friday.
MoreCOA split on whether judge can order community service in lieu of fines
February 15, 2013
Jennifer NelsonTwo judges on the Indiana Court of Appeals decided that a trial judge didn’t have statutory authority to order an indigent
woman to perform community service instead of paying fines and costs of her case, ordering the court to address the issue
of imposing fees and costs.
MoreJudges rule in favor of bank on request to end trust
February 15, 2013
Jennifer NelsonA beneficiary of a trust couldn’t prove to the Indiana Court of Appeals that the purpose of the trust, created by her
mother, was to benefit any grandchildren and because there are no grandchildren, the trust should be terminated.
MoreLegislation on judicial nominating commission members moves to House
February 15, 2013
Jennifer NelsonA bill that would require the governor to appoint nonattorney members to the Judicial Nominating Commission from a list of
legislator-approved candidates passed the Senate 46-2 Thursday.
MoreAllen Superior judge to retire in April
February 15, 2013
IL StaffJudge Stephen M. Sims of Allen Superior Court announced Thursday he will retire April 26 after nearly 20 years on the bench.
MoreBrown, first African-American elected to statewide office, dies
February 15, 2013
IL StaffDwayne M. Brown, 50, the first African-American and youngest person elected to statewide office, died Feb. 12. He served as
clerk of the Indiana appellate courts before being removed from office in 1994 amid allegations of ghost employment and sexual
harassment.
MoreIndianapolis police officer’s trial moved to Allen County
February 15, 2013
IL StaffThe trial of David Bisard, the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one
motorcyclist and injuring two others, will be moved from Marion County to Allen County.
MoreJury to begin deliberating in Don Marsh trial
February 15, 2013
Scott OlsonA jury is expected to begin deliberating Friday afternoon whether Don Marsh owes Marsh Supermarkets Inc. more than $3 million
in personal expenses he allegedly charged the company while he was CEO.
MoreRejection of garnishment request upheld
February 14, 2013
Jennifer NelsonA collection company seeking to garnish a woman’s wages in order to satisfy an alleged $1,800 debt was unable to convince
the Indiana Court of Appeals that the trial court had to issue the garnishment order.
MoreJudge-backed court staff attorney pilot program bill moves out of committee
February 14, 2013
Jennifer NelsonLegislation that would create a pilot program administered by the Indiana Judicial Center to assist trial courts when preparing
and writing certain motions moved out of the House Committee on Courts and Criminal Code 11-0.
MoreJudges affirm defendant must register as sex offender as part of probation
February 14, 2013
Jennifer NelsonA defendant who was convicted of robbery and rape, but whose rape conviction was vacated on double jeopardy concerns, can
still be required to register as a sex offender as a condition of his probation, the Indiana Court of Appeals affirmed Thursday.
MoreDefendant received ineffective trial counsel assistance in murder case
February 14, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding
his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter
and the state’s burden of proof regarding sudden heat.
MoreSenate president calling for constitutional convention to protect states’ rights
February 14, 2013
Marilyn OdendahlDeclaring that states’ rights are being trampled and the 10th Amendment is in shambles, the leader of the Indiana Senate
is calling for a “gathering of states” to amend the U.S. Constitution.
More7th Circuit orders proposed plan of reorganization open to competitive bidding
February 14, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals reversed a Southern District Bankruptcy judge Thursday, finding the judge incorrectly ruled
that competition was unnecessary in a plan of reorganization involving a shopping center.
MoreWitnesses: Don Marsh’s expenses never questioned
February 14, 2013
Scott OlsonLawyers for Don Marsh continue to hammer home their claims that the former supermarket CEO's expenses for lavish travel
were widely accepted as normal business costs.
MoreJudges interpret Probate Code statute in favor of bank
February 13, 2013
Jennifer NelsonFinding that a bank did not receive proper notice in order to file a claim against an estate, the Indiana Court of Appeals
reversed summary judgment in favor of the estate of Samuel Tolley on the bank’s two claims.
MoreJustices decline to order mediation in walkout fines case
February 13, 2013
IL StaffThe Indiana Supreme Court issued an order Monday refusing to order mediation in the lawsuit filed by Democratic lawmakers
after some of their pay was withheld following legislative walkouts in 2011 and 2012.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.