Legal News

K-9 search turning up heroin in car sufficient for conviction

September 16, 2016
Dave Stafford
A South Bend man’s conviction of Level 6 felony possession of a narcotic was affirmed by the Indiana Court of Appeals Friday, which found the evidence was sufficient to support the jury’s verdict.
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Mother fails to prove entitlement to coverage after untimely payment

September 16, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a Hendricks County woman’s insurer on her suit alleging breach of contract after the insurance company declined to cover her son’s auto accident, which occurred after she let her coverage lapse for nonpayment.
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Residents of contaminated Indiana complex sue city officials

September 16, 2016
 Associated Press
Residents forced to move out of a northwest Indiana public housing complex because of high levels of lead in the soil are suing city officials and the companies they say are responsible.
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COA: Defrauded Logansport business can’t sue Michigan law firms here

September 16, 2016
Dave Stafford
A Logansport businessman who was defrauded of more than $20,000 cannot use Indiana courts to sue the Michigan law firm whose client was later convicted of wire fraud, the Indiana Court of Appeals ruled Friday.
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Judge: Elkhart school's Christmas program didn't violate law

September 16, 2016
 Associated Press
A U.S. District Court judge has ruled that an Elkhart high school's Christmas program last year didn't violate constitutional prohibitions against the endorsement of religion by public entities.
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AP, other media sue FBI for details on iPhone hacking tool

September 16, 2016
 Associated Press
The Associated Press and two other news organizations sued the FBI on Friday to learn who the government paid and how much it spent to hack into an iPhone in its investigation into last year's San Bernardino, California, massacre.
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Court denies application for temporary restraining order against BMV

September 16, 2016
Olivia Covington
The Marion Superior Court has denied an application for a temporary restraining order and preliminary injunction against the Indiana Bureau of Motor Vehicles that would have forced the BMV to set aside funds in the pool of money it is using to refund millions of customers to pay attorney fees for the plaintiffs in a class-action suit against the BMV.
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Judges blister Pence’s position, solicitor general in Syrian refugee case

September 15, 2016
Dave Stafford

Near the conclusion of more than 50 sometimes shouted questions and incredulous interruptions of Indiana Solicitor General Thomas Fisher on Wednesday, exasperated 7th Circuit Court of Appeals Judge Richard Posner said to him, “Honestly. You are so out of it.”

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Appeals court affirms decision to strip parental rights

September 15, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Thursday a trial court decision to involuntarily strip a couple of their parental rights despite the father’s claim that the Department of Child Services had not produced enough evidence to warrant such action.
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Lawyers warned they may pay for filing frivolous suits

September 15, 2016
 Bloomberg News
Lawyers who defend companies in product liability cases are celebrating an unusual order by a federal judge in Columbus, Georgia. In it, he told attorneys for the other side—the ones who represent injured consumers—that he was going to crack down on frivolous claims, and that the penalty could come from their wallet.
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COA reverses decision to deny woman’s expungement request

September 15, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a Jay Circuit Court decision to deny a woman’s petition for expungement of her records after she was convicted of forgery and dealing in methamphetamine.
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Indiana woman sues over lack of wheelchair access to concert

September 15, 2016
 Associated Press
A woman who uses a wheelchair filed a lawsuit Thursday against a southern Indiana school district because the venue for her child's Christmas show isn't wheelchair accessible.
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Supreme Court affirms sentence of man convicted of child solicitation against niece

September 15, 2016
Olivia Covington
The Indiana Supreme Court has affirmed a trial court’s sentence for a man convicted of felony child solicitation against his teenage niece after it granted the state’s petition for transfer on Wednesday.
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Ex-Krieg DeVault attorneys sue over pay, alleged partner write-offs

September 14, 2016
Dave Stafford
Three partners who left Krieg DeVault LLP last year have sued their former firm over compensation. They claim they were shortchanged when they departed the firm and made to pay for other partners whose capital accounts with negative balances were written off.
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Appeal process bumps up February bar exam passage rate

September 14, 2016
Jennifer Nelson
The February 2016 Indiana Bar Exam results have been amended to reflect those who successfully appealed their initial failure, resulting in a 4-percentage-point increase in the overall pass rate.
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Property award to ex-girlfriend of longtime boyfriend affirmed

September 14, 2016
Jennifer Nelson
A trial court correctly awarded certain property to a woman who filed a complaint against her longtime partner for unjust enrichment after the two broke up after a 17-year relationship, the Indiana Court of Appeals held.
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COA affirms health services provider in contempt for not producing records

September 14, 2016
Olivia Covington
The Indiana Court of Appeals has affirmed that Meridian Health Services was in contempt of court when it failed to provide a patient’s father with her health records after a subpoena ordered the health services provider to do so.
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COA affirms conversion judgment against mortgage lender

September 14, 2016
Dave Stafford
A mortgage company lost its appeal of a ruling that it effectively stole the Muncie property from its borrower, who is entitled to $158,392.50 in damages, including $74,000 under the Indiana Crime Victims Relief Act.
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Transgender Mexican citizen sues Indiana to change name to match gender identity

September 14, 2016
Olivia Covington
A transgender Mexican man with asylum in the United States is suing the state of Indiana for a law that prohibits him from legally changing his name to match his gender identity as a man.
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Lawyers questioned over Indiana's Syrian refugees order

September 14, 2016
 Associated Press
Attorneys defending Indiana Gov. Mike Pence's order to bar state agencies from helping Syrian refugees resettle in his state have been fiercely questioned by a federal appeals court.
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Indiana man awaits sentencing in June death of infant son

September 14, 2016
 Associated Press
A 26-year-old Indiana man is awaiting sentencing in the death of his infant son after a plea agreement was reached in the case.
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Ex-teacher's aide reaches plea deal in child seduction case

September 14, 2016
 Associated Press
A plea agreement has been reached for a former Indianapolis-area teacher's aide facing child seduction charges.
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Court awards $10,000 to deaf litigant denied interpreter

September 14, 2016
Dave Stafford
A deaf Indianapolis man who was denied a sign language interpreter at his court-ordered mediation of a child-custody dispute will receive $10,380 in damages, a federal judge ruled.
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Lone Indiana Tech Law student passes July exam

September 13, 2016
Jennifer Nelson
The inaugural graduating class of Indiana Tech Law School in Fort Wayne set a goal of a 100 percent bar passage rate, but a review of the names of successful July applicants reveals only one Indiana Tech student passed the Indiana Bar Exam.
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7th Circuit upholds foster father’s child molestation conviction

September 13, 2016
Olivia Covington
The 7th Circuit Court of Appeals has upheld a foster father’s conviction of molesting his former foster daughter after the foster father claimed that his counsel at trial was ineffective in a manner that was prejudicial.
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  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

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