Legal News

Accomplice’s murder conviction upheld

December 19, 2013
Jennifer Nelson
A woman who threatened that her baby’s father and his brother would kill the man who punched her several times had her conviction of murder upheld by the Indiana Court of Appeals. She sat in a car while with the boyfriend and his brother killed the man.
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Justices: Lab tech does not need to testify

December 19, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday concluded that a laboratory technician involved in the chain of custody of DNA evidence is not required to testify at trial in order to satisfy the demands of a defendant’s Sixth Amendment right of confrontation.
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Court affirms insurer must cover environmental cleanup costs

December 19, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed an order that an insurer pay post-notice costs of nearly $34,000 to its insured in an environmental cleanup in Mooresville.
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Life sentence upheld for man who killed neighbor

December 19, 2013
Jennifer Nelson
The Indiana Supreme Court rejected a man’s claims that certain photos of a murder victim should not have been admitted at his trial. The justices upheld Tyrice Halliburton’s life without parole sentence for the murder of Sheena Kiska.
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Law school enrollment drops again

December 19, 2013
IL Staff
Law school enrollment fell 11 percent in the fall of 2013, continuing a dramatic decline since 2010, according to national figures released by the American Bar Association.
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Man’s second federal child-porn conviction sticks, 7th Circuit rules

December 19, 2013
Dave Stafford
A man whose first federal child pornography conviction was reversed on appeal struck out in his second appearance before the 7th Circuit Court of Appeals after he was reconvicted of the same 16 counts.
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Question over who should have mown grass prevents summary judgment

December 18, 2013
Marilyn Odendahl
A trial court’s decision to grant summary judgment to a homeowner after a man slipped and fell on her property was overturned when the Indiana Court of Appeals found sufficient dispute over material facts.
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State appeals ruling against right-to-work law

December 18, 2013
Dave Stafford
Attorney General Greg Zoeller announced Wednesday the state has asked the Indiana Supreme Court to reverse a Lake County judge’s order invalidating the right-to-work law that bans compulsory union dues.
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Cybersecurity expert: ruling on surveillance program ‘extraordinarily significant’

December 18, 2013
IL Staff
Indiana University Maurer School of Law professor Fred Cate heralded the decision handed down Dec. 16 by U.S. District Judge Richard J. Leon as possibly landing a crippling blow to the federal government’s surveillance program.
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COA: County officials not bound to collective bargaining agreement

December 18, 2013
Jennifer Nelson
An issue of first impression arose in a lawsuit in which a local union argued that the Madison County assessor and recorder had to follow the terms of a collective bargaining agreement that the county had entered into with UAW.
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State not allowed to intervene in Weinberger case

December 18, 2013
Jennifer Nelson
Finding the law does not allow the state to become a party to otherwise private litigation at any stage of the proceedings, the Indiana Court of Appeals reversed its prior order granting the state’s motion to intervene in a settlement reached between former doctor Mark Weinberger and the estate of a patient.
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Judges clarify late-filed amendment required reversal, not remand

December 18, 2013
Jennifer Nelson
On a petition for rehearing, the Indiana Court of Appeals affirmed its decision to reverse a habitual offender enhancement because the amendment to the habitual offender allegation was made after the trial started and prejudiced the defendant’s rights.
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8-year sentence upheld for teen who killed friend while street racing

December 18, 2013
Jennifer Nelson
A Madison County man who crashed his car while street racing, which killed one passenger and injured two others, could not convince the Indiana Court of Appeals that the trial court erred in declining to give a lesser-included instruction of reckless driving at his trial for reckless homicide.
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We The People crowns state champions

December 18, 2013
IL Staff
After three days of competition among more than 600 high school and middle school students, teams from Fishers and Nashville took the top spots in the Indiana We The People program.
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Indianapolis attorney tapped to lead BMV

December 18, 2013
IL Staff
Ice Miller LLP attorney Donald M. Snemis has been named as the commissioner of the Indiana Bureau of Motor Vehicles. He will begin his tenure Jan. 6.
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Timing of wrongful death claim disputed

December 18, 2013
Marilyn Odendahl
In a wrongful-death claim filed nearly five years after a nursing home death, the Indiana Supreme Court is considering whether in instances of fraudulent concealment the two-year limitation clock starts over or if giving plaintiffs “reasonable time” to file is an acceptable standard.
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Advocates say justice was delayed, but deal positive for Gingerich

December 18, 2013
Dave Stafford
More than three years after 12-year-old Paul Gingerich was improperly sentenced as an adult to 30 years in prison for his role in a killing, he now has a chance to be free at 18 – an imperfect result, advocates say, that nonetheless might be the best possible under the circumstances.
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Fees against IHSAA for unreasonable litigation upheld

December 17, 2013
Dave Stafford
The Indiana High School Athletic Association should pay for its insistence on enforcing rules that courts repeatedly said were arbitrary and capricious, an appeals panel ruled Tuesday.
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Injured worker has to prove company is secondarily liable in workers' comp claim

December 17, 2013
Marilyn Odendahl
The Indiana Court of Appeals split in deciding a workers’ compensation claim concerning who had the burden to prove whether the true value of work exceeded $1,000 and, therefore, triggered secondary liability.
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Reversal: Insurer had duty to provide dental office full coverage

December 17, 2013
Dave Stafford
An insurer that for decades wrote policies for a dental office had a special duty to advise the office about coverage and ensure the office was fully covered, the Indiana Court of Appeals ruled Tuesday in reversing summary judgment in favor of the insurer.
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Supreme Court revives Rockport plant proposal

December 17, 2013
Dave Stafford
The Indiana Supreme Court revived a controversial state-backed deal that would facilitate construction of a $2.7 billion coal-using synthetic natural gas plant in Rockport. The decision likely sets up another round of state regulatory review if developers choose to move forward.
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Hamilton and Shepard emphasize the importance of civic education

December 16, 2013
Marilyn Odendahl
Former Indiana congressional representative Lee Hamilton warned attorneys and advocates of civic education that unless citizens uphold their responsibilities and duties, democracy will not prevail.
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Judge sets January hearing in Marion County judicial slating suit

December 16, 2013
Dave Stafford
A federal judge has summoned attorneys for Gov. Mike Pence, Indiana Secretary of State Connie Lawson and members of the Indiana Election Commission to a pretrial conference in a lawsuit challenging the way Marion Superior judges are elected.
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Global law expert tapped as dean at IU Maurer

December 16, 2013
Marilyn Odendahl
After a search that lasted more than a year, Indiana University Maurer School of Law has chosen a leading scholar of transnational law as its dean.
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Court erred, twice rejected settlement in covenant case

December 16, 2013
Dave Stafford
A trial court erred in denying a homeowners association’s request for an injunction against a resident who parked a trailer on her lot. The court then twice rejected joint settlement requests, according to a panel of the Indiana Court of Appeals.
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  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

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