Legal News

Former Indy Land Bank chief grilled over inconsistent testimony

March 17, 2015
Cory Schouten, IBJ Staff
Former Indy Land Bank director Reggie Walton opted to take the stand in his own defense in federal court this week, and prosecutors used the opportunity to use his words against him.
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COA affirms stalking conviction of man who followed teen in stores

March 17, 2015
Jennifer Nelson
A southern Indiana man who followed the same teenage girl through two stores on separate occasions, staying as close as five feet to her at all times, could not convince the Indiana Court of Appeals that his felony conviction for stalking needed to be overturned.
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NDLS hosting symposium on life, death and disease

March 17, 2015
IL Staff
An upcoming Notre Dame Law School symposium on regulating life, disease and death will feature a keynote speaker discussing legal preparedness for Ebola.
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Tax Court lacks jurisdiction to hear casino’s claim

March 17, 2015
Jennifer Nelson
The Indiana Tax Court on Monday dismissed a northern Indiana casino’s appeal of the LaPorte County treasurer’s failure to refund paid innkeeper’s tax, finding the court lacks subject matter jurisdiction.
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Indiana Supreme Court hears disputed adoption of 2 boys

March 17, 2015
 Associated Press
An attorney for a woman who's challenging her two grandsons' adoption by their maternal grandmother told the Indiana Supreme Court on Monday that their adoptions should never have happened because the other woman's felony conviction disqualifies her from being an adoptive parent.
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Sotomayor says SCOTUS lacks diverse life experience

March 16, 2015
 Associated Press
Justice Sonia Sotomayor says the Supreme Court of the United States has too many law professors, too many Ivy Leaguers, too many East Coasters and a lack of diverse life experience.
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California court reverses century-old racist lawyer ruling

March 16, 2015
 Associated Press
The California Supreme Court has reversed a 19th-century decision denying a Chinese immigrant's application to practice law in the state.
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Judge incorrectly considered acquitted charges in denying expungement petition

March 16, 2015
Jennifer Nelson
Facts from an incident that do not result in a felony conviction cannot be taken into consideration by a judge when determining a person is disqualified from filing for mandatory expungement of a different felony conviction resulting from the same incident, the Indiana Court of Appeals held Monday.
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Indiana sues auto parts dealer over unpaid fine, auto fluids

March 16, 2015
 Associated Press
Indiana's environmental agency is suing an auto parts dealer who was ordered last year to pay a $10,000 fine and clean up automotive fluids and other materials at his Muncie business.
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Mother’s due process rights deprived in termination hearing

March 16, 2015
Jennifer Nelson
In finding both constitutional and statutory guarantees were transgressed, the Indiana Court of Appeals reversed the decision by a lower court to convert an omnibus hearing on a termination of parental rights matter into a final hearing while mother was not present, which led to the termination of her parental rights.
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TIF funds can’t be used to maintain parks, COA affirms

March 16, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a Lake County trial court ruling that tax increment financing funds used in the redevelopment of Munster parks could not be used to later maintain the parks.
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Judges affirm drug dealer’s convictions but vacate portion of sentence

March 13, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claims that his convictions stemming from his involvement in a drug dealing operation should be overturned, but the judges did vacate the conditions of his supervised release Friday.
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Plaque and lecture series established to honor Randall Shepard

March 13, 2015
Marilyn Odendahl
Almost three years after an effort to honor retired Indiana Chief Justice Randall Shepard was launched, the project has taken a new direction that some applaud as better than the initial idea.
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Judge who oversaw troubled Clark County drug court finished

March 13, 2015
Dave Stafford
A former Clark Superior judge who oversaw the southern Indiana county’s drug court and left the bench amid allegations of jailing participants without due process will never serve as an Indiana judge again.
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At odds with Google, US seeks new rule on computer access

March 13, 2015
 Associated Press
The Justice Department is at odds with Google and privacy groups over the government's push to make it easier to locate and hack into computers in criminal investigations, a simmering conflict with constitutional and policy implications.
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Man’s right to speedy trial not violated, 7th Circuit says

March 13, 2015
Jennifer Nelson
The speedy-trial clock did not begin to run upon the federal government’s filing of a complaint and detainer against an Indiana man, so the 16-month delay in filing the federal indictment did not violate his right to a speedy trial, the 7th Circuit Court of Appeals affirmed Thursday.
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Rucker to be honored at April event in Gary

March 12, 2015
IL Staff
Indiana Supreme Court Justice Robert Rucker will receive the Merit of Distinction Award at the 3rd annual Katie Hall Public Service Awards Luncheon on April 4 in Gary.
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COA: Trial court lacked authority to rescind plea agreement

March 12, 2015
Jennifer Nelson
The Indiana Court of Appeals ordered a Howard Superior judge to sentence a man to the terms of the plea agreement that he had entered into on drug charges before the judge revoked the agreement and ordered him to continue to trial.
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Ex-husband needed to take action to modify judgment, COA rules

March 12, 2015
Jennifer Nelson
A man challenging the proposed value of his pension’s surviving spouse benefit in a dissolution proceeding had to file his own Ind. Trial Rule 60(B) motion and not rely on the same motion filed by his ex-wife, the Indiana Court of Appeals held Thursday.
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Trial court incorrectly determined company could collect all delinquent taxes

March 12, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a $1.4 million judgment in favor of a company hired by Lake County to collect delinquent real property taxes, finding the lower court improperly interpreted the collections contracts as a matter of law.
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Justices remand dental office fire insurance dispute

March 12, 2015
Dave Stafford
The Indiana Supreme Court on Thursday reset the issues before a trial court in a dispute arising from a shortage in contents insurance after a fire at a dental office.
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Ex-attorney accused of stealing child's insurance settlement

March 12, 2015
 Associated Press, IL Staff
A northern Indiana man and former attorney faces additional theft charges for allegedly stealing more than $612,000 from an insurance settlement awarded to an injured child.
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Bill ensures that expungement law extends to individuals most deserving

March 12, 2015
Marilyn Odendahl
As the Senate Judiciary Committee approved a bill that tweaks Indiana’s 2013 expungement law, the author warned against nitpicking that might undo what he described as the “delicate balance” struck in the comprehensive measure.
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‘Master magistrate bill’ approved by senate committee

March 11, 2015
Marilyn Odendahl
While the Senate Judiciary Committee moved a bill forward Wednesday that would provide additional magistrates for courts in seven counties, some members indicated a need to revisit in a future legislative session a push to require all judges, including those presiding over town and city courts, be attorneys.
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Judge urges legislators to clarify Castle Doctrine statute

March 11, 2015
Jennifer Nelson
The Indiana Court of Appeals in a case of first impression reversed a man’s conviction of battery on a law enforcement officer after finding he exercised reasonable force under I.C. 35-41-3-2(i)(2), the statute revised in response to a 2011 Supreme Court holding that the Castle Doctrine is not a defense to battery or another violent act on a police officer. But one judge asked the Legislature to take another look at the statute for public policy reasons.
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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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