Legal News

Judge rejects Charlie White’s claim of ineffective counsel

December 26, 2013
Marilyn Odendahl
Former Secretary of State Charlie White has been ordered to begin serving his sentence for violating Indiana’s election law after his petition for post-conviction relief was denied.
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Humvee maker, defense giant BAE wrangle over $277M judgment

December 26, 2013
Dave Stafford
A dispute over the true cost of Humvee body armor rushed to the battlefield in the deadliest days of the Iraq war has resulted in a court battle that includes suggestions that one of the world’s top defense contractors may have serious business problems as it argues against posting full security for a $277 million judgment.
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Angie's List hit with shareholder suit

December 26, 2013
Chris O'Malley
Angie’s List’s CEO William Oesterle and four other top executives made a series of false or misleading statements about the company’s prospects that inflated its stock price earlier this year as they sold $13 million of their own shares, a lawsuit seeking class-action status alleges.
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Lauren Spierer civil suit moves forward

December 24, 2013
Dave Stafford
Two of three grounds for a civil lawsuit in the June 2011 disappearance of Indiana University student Lauren Spierer will move forward, a federal judge ruled Tuesday, partially denying a motion to dismiss filed by the two remaining defendants.
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Judge rejects Notre Dame bid for injunction on contraception coverage

December 24, 2013
Dave Stafford
A federal judge denied the University of Notre Dame’s request for an injunction blocking the “contraception mandate” in the Affordable Care Act that requires employers to provide insurance coverage for birth control.
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Coachys’ retirement opens up spot on Bankruptcy Court

December 24, 2013
IL Staff
The Judicial Council of the 7th Circuit is accepting applications for a bankruptcy judge position in the Southern District of Indiana. Chief Judge James K. Coachys is retiring in September 2014 at the end of his 14-year term.
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Memorial service to honor Vevay attorney

December 24, 2013
IL Staff
A memorial service for Ronald “Ron” Hocker will be held at 1 p.m. Jan. 10 in the Switzerland Circuit Court courtroom. All local attorneys and court staff are welcome to attend to pay their last respects to Hocker, who died Dec. 9 at the Indiana University Simon Cancer Center in Indianapolis.
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Obama appoints McKinney professor to environmental commission

December 23, 2013
Jennifer Nelson
Indiana University Robert H. McKinney School of Law professor Eric Dannenmaier has been appointed to serve as a member of the Joint Public Advisory Committee of the North American Commission for Environmental Cooperation by President Barack Obama.
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Judges rule couple did not release medical providers from liability

December 23, 2013
Jennifer Nelson
A trial court appropriately denied the partial summary judgment motion filed by medical providers in a malpractice claim, the Indiana Court of Appeals held, because the plaintiffs did not release the medical group from liability by filing a proof of claim with the doctor’s insurer, which was insolvent and being liquidated.
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COA: Deputy not justified in entering backyard

December 23, 2013
Jennifer Nelson
A sheriff’s deputy who tried to serve a protective order was not justified in entering the backyard of a home after no one answered knocking at the front door, the Indiana Court of Appeals ruled. The deputy saw marijuana in the backyard, leading to the homeowner’s arrest.
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Newburgh ordinance allows it to block town from providing sewer service

December 23, 2013
Jennifer Nelson
The Indiana Court of Appeals Monday decided that the town of Newburgh was statutorily authorized to pass an ordinance prohibiting others from providing new sewer services to customers within four miles of its corporate boundaries.
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7th Circuit ‘astonished’ by denial of disability for man in ‘awful shape’

December 20, 2013
Dave Stafford
Judges of the 7th Circuit Court of Appeals Friday slapped down the denial of disability benefits for a man they said was among the most severely disabled applicants they had ever seen.
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Criminal law committee sends sentencing bill to Legislature

December 20, 2013
Marilyn Odendahl
What was called the key to making Indiana’s new criminal code work has received a nod of approval and is now headed to the Legislature.
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Gender change does not void Indiana marriage

December 20, 2013
Jennifer Nelson
Indiana law does not automatically void a marriage if one of the parties later is legally recognized as the same gender as the spouse, the Indiana Court of Appeals ruled Friday.
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Admission of return of service did not violate Confrontation Clause

December 20, 2013
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals Friday concluded that a return of service on a protective order is not testimonial, so its admission at trial did not violate a defendant’s rights under the Confrontation Clause.
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Judges affirm criminal reckless conviction

December 20, 2013
Jennifer Nelson
A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.
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Judges split on whether jury instruction erroneous

December 20, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the conviction of a man who shot at police when they attempted to serve a search warrant. The judges were, however, divided as to whether the trial court erred in giving jury instructions on the presumption of innocence.
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COA: Jury adequately instructed on presumption of innocence

December 20, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that his child molestation conviction should be reversed because the trial court did not tender his jury instruction on the presumption of innocence. The judges found the court’s instruction adequately instructed the jury.
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Settlement reached in online payday loan class action

December 20, 2013
Dave Stafford
More than 6,500 Hoosiers will share $1.35 million in a class-action settlement reached in long-running litigation against an online payday lender that in some cases charged finance fees that exceeded 1,000 percent annual percentage rates.
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JQC: Strike Judge Brown’s apology, support from Sullivan in discipline case

December 20, 2013
Dave Stafford
Marion Superior Judge Kimberly Brown’s last-minute apology and vouching from former Indiana Justice Frank Sullivan Jr. should not be considered in her disciplinary case, the Judicial Qualifications Commission argued in a brief filed Thursday.
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Man’s molestation post-conviction bid fails on appeal

December 19, 2013
Dave Stafford
A Morgan County man failed to convince a Court of Appeals panel that ineffective assistance of counsel and prosecutorial misconduct should entitle him to relief from a child molestation conviction.
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Appeals court slashes contamination award from $154,632 to $7,383

December 19, 2013
Dave Stafford
Court-ordered environmental damages caused by PCB contamination at a Churubusco industrial site were reduced from a total of $154,632 to $7,383 on Thursday by a panel of the Indiana Court of Appeals.
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Federal judge orders new trial in felony gun possession case

December 19, 2013
Dave Stafford
Finding the interests of justice require a new trial for a man convicted of a federal gun crime in which the government withheld potentially exculpatory evidence, Judge William T. Lawrence granted his request Wednesday in the Southern District of Indiana Terre Haute division.
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Wife barred from inheritance because of adulterous relationship

December 19, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed that a woman’s relationship outside of her marriage prevents her from inheriting from her deceased husband’s estate.
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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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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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