Legal News

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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COA affirms policy provides property damage coverage for abandoned sand

March 11, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed its original decision Wednesday that an insurance policy covers property damage caused by 100,000 tons of foundry sand on property owned by FLM LLC.
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Public defender’s brief stricken, COA orders ‘competent counsel’ appointed

March 11, 2015
Jennifer Nelson
The Indiana Court of Appeals reiterated Wednesday for at least the fourth time in seven years to a public defender that he cannot use the “manifestly unreasonable” argument to challenge a client’s voluntary manslaughter sentence.
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Law professors warn against Indiana religious freedom bill

March 11, 2015
Dave Stafford
A bill that proponents say would further protect religious freedom in Indiana “will more likely create confusion, conflict, and a wave of litigation” because it will confer a special status to religious rights, according to a letter signed by 30 law professors.
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Teen’s adjudications overturned based on unlawful search

March 11, 2015
Jennifer Nelson
An Indianapolis teenager suspected in two burglaries was subject to an unlawful pat down and search by an officer, the Indiana Court of Appeals ruled. As such, the gun found on him should not have been admissible at his delinquency hearing.
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Canine sniff not allowed, but convictions still upheld

March 11, 2015
Jennifer Nelson
Although a Supreme Court of the United States decision issued shortly after the Indiana Court of Appeals ruled on a case now means that a canine sniff of a suspected drug dealer’s home was unconstitutional, the COA upheld the man’s convictions based on other evidence.
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Couple’s gun collection incorrectly classified as ‘household goods’

March 11, 2015
Jennifer Nelson
The determination as to whether guns or a gun collection are “household goods” should be made on a case-by-case basis, the Indiana Court of Appeals ruled. In a case before it Wednesday, the judges held that the large collection owned by a couple who are since deceased was incorrectly classified as “household goods.”
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'Elkhart Four' convictions put new spotlight on felony murder statute

March 11, 2015
Marilyn Odendahl
Three teens convicted of felony murder have asked the Indiana Supreme Court to overturn their convictions because they did not directly kill the victim.
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Decades-long fight over landfill quietly concludes

March 11, 2015
Dave Stafford
A 37-year fight over a planned solid waste landfill in Anderson ended recently, concluding one of the longest environmental battles in state history. Only a few loads of trash were ever dumped at the Mallard Lake Landfill, but fortunes were spent litigating it.
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Anthem customers’ attorneys will have to prove injury

March 11, 2015
Marilyn Odendahl
Since health insurance giant Anthem Inc. announced millions of customers’ information had been stolen in a data breach, class-action lawsuits against the company have been filed in federal courts across the country. Although the breach is unprecedented and consumers are fearful their identities will be stolen, the plaintiffs may not have been harmed according to the law.
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Legislative debate highlights issues surrounding juvenile offenders

March 11, 2015
Marilyn Odendahl
A proposed change to Indiana’s juvenile law has state legislators wrestling with the question of when children should be treated like adults.
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Landowners may be on hook for contamination caused by tenants

March 11, 2015
Dave Stafford
Lawyers say an appeals court ruling last year means landowners who learn of contamination on their property may be held liable for damages even if they did nothing to directly contribute to the pollution.
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Federal judiciary releases FY 2014 report

March 10, 2015
Marilyn Odendahl
Although the federal judiciary began fiscal year 2014 on shaky financial ground, it soon saw its funding restored to pre-sequestration levels and ended the year handling a caseload almost equal to the previous fiscal year.
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Court reverses denial of termination of parental rights due to possible conflict

March 10, 2015
Dave Stafford
A trial court erred when it denied a mother’s consensual termination of parental rights petition against the father due to concerns of a potential risk of conflict of interest involving the mother’s legal counsel.
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Court wrongly denied expungement of dismissed conviction

March 10, 2015
Dave Stafford
A man’s 1999 misdemeanor battery conviction that was dismissed when he completed his one-year probation sentence must be expunged, the Indiana Court of Appeals ruled Tuesday, reversing a trial court that denied his petition.
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ND improves but IU law schools fall in annual rankings

March 10, 2015
Marilyn Odendahl
Only one Indiana law school received good news with Tuesday’s release of the annual law school rankings.
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Indiana regulators revoke coal-gasification plant's permit

March 10, 2015
 Associated Press
State regulators have revoked an air permit for a proposed $2.8 billion coal-gasification plant in southwestern Indiana at the request of the plant's developer.
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  3. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  4. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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