Legal News

Bankruptcy judge warns of impact of ‘fiscal cliff’

December 12, 2012
Jennifer Nelson
Chief Judge James K. Coachys in the U.S. Bankruptcy Court for the Southern District of Indiana sent a memo to the Indiana State Bar Association Wednesday explaining how budget cuts and the potential “fiscal cliff” have affected the court.
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Housing group sues Buckingham over apartment accessibility

December 11, 2012
Scott Olson
A not-for-profit fair housing group is suing Indianapolis-based Buckingham Cos., claiming the apartment developer has ignored government rules requiring accommodations for people with physical disabilities.
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Justices decline to take 12 cases

December 11, 2012
IL Staff
The Indiana Supreme Court accepted none of the 12 cases before it on transfer request last week.
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Court reverses felony convictions stemming from domestic incident

December 11, 2012
Jennifer Nelson
The state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery, the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.
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Judges reverse teen’s conspiracy to commit murder conviction

December 11, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder, finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance of a waiver hearing.
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Justices deny Bisard’s blood evidence appeal

December 11, 2012
IL Staff
The Indiana Supreme Court let stand a ruling by the Court of Appeals allowing blood test results to be admitted in the drunken driving fatality trial of Indianapolis Metropolitan Police Department officer David Bisard.
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Company’s offer to replace driveway an enforceable agreement

December 10, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a small claims judgment in favor of a concrete company regarding whether the company had to follow through on replacing a driveway for a customer who was unhappy with the work a year later.
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Failure to report abuse charges to proceed against athletic director

December 10, 2012
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of LaPorte Community School Corp.’s athletic director Edward Gilliland’s attempt to dismiss two counts of misdemeanor failure to report child abuse filed against him. The charges stem from the conduct of LaPorte High School’s junior volleyball coach Robert Ashcraft.
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David, Rush appointed as liaisons for juvenile program

December 10, 2012
IL Staff
Chief Justice Brent Dickson has appointed Justices Steven David and Loretta H. Rush to serve as the Indiana Supreme Court’s liaison representatives to the Court Improvement Program executive committee.
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Indiana likely to be involved in gay marriage cases before SCOTUS

December 10, 2012
IL Staff
Attorney General Greg Zoeller’s office announced late Friday that Indiana will likely participate in some way in the California case involving the definition of marriage that the U.S. Supreme Court accepted Dec. 7.
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COA rules it doesn’t have jurisdiction over online comment appeal

December 10, 2012
Jennifer Nelson
The Indiana Court of Appeals issued a 20-page order Dec. 7 outlining why Judges Edward Najam and Elaine Brown dismissed The Indianapolis Star’s latest appeal against having to release the name of an online commenter to the plaintiff in a lawsuit.
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COA overturns conviction, ruling statements about age not relevant for treatment

December 7, 2012
Marilyn Odendahl
A Marion County man had his conviction overturned after the Indiana Court of Appeals found a social worker’s statements about his age were hearsay because they were not made specifically for a medical purpose.
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COA: Admitted evidence of 20-year-old crimes requires reversal

December 7, 2012
Dave Stafford
A civil judgment in favor of a woman who claimed her ex-husband battered her and forged her name on a quitclaim deed was vacated Friday. A Court of Appeals panel ruled that evidence of the ex-husband’s criminal convictions from the 1980s were prima facie error.
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Majority affirms trial court in failed lease suit

December 7, 2012
Jennifer Nelson
The majority on the Indiana Court of Appeals affirmed the trial court’s ruling in favor of a leasing company on a suit brought by the homeowners after the lessees failed to pay their rent.
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COA splits over reversing possession conviction

December 7, 2012
Jennifer Nelson
A divided Court of Appeals upheld a man’s possession of marijuana conviction that stemmed from a 911 call. Dissenting Judge James Kirsch doesn’t believe that the providing of a name by a 911 caller removes this case from the category of an anonymous caller, thus the call doesn’t give police enough evidence to stop the car the defendant was in.
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Judge moves venue for trial of IMPD officer

December 7, 2012
IL Staff
Marion Superior Judge Grant Hawkins has ordered the trial for Indianapolis Metropolitan Police Officer David Bisard moved from the Indianapolis media market because of publicity surrounding the fatal accident involving the officer in 2010.
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Insurer doesn’t have to cover cleanup of California sites

December 6, 2012
Jennifer Nelson
Relying on California law and a case from 2006, the Indiana Court of Appeals affirmed that an insurer of former film-processing sites has no obligation to indemnify Thomson Inc. for the remediations of three California locations.
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Paralegals collect thousands of teddy bears for program

December 6, 2012
IL Staff
The IndyBar Paralegal Committee Thursday delivered the thousands of teddy bears it has collected from various law firms to the “Bears on Patrol” program. The program is run by the Indianapolis Metropolitan Police Department, Marion County Sheriff’s Department, Indianapolis Fire Department and Wishard Health Services EMS.
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COA rules against longtime shooting range owner

December 6, 2012
Jennifer Nelson
A Marshall Circuit judge erred in granting partial summary judgment in favor of a shooting range owner on his neighbors’ claims of nuisance, the Indiana Court of Appeals held Thursday. The appellate judges found a statute cited by the trial court did not apply to the owner.
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7th Circuit upholds $3M restitution order for copper theft

December 5, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount of restitution he should pay for his role in copper theft.
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Judges affirm 911 recording properly admitted as evidence

December 5, 2012
Jennifer Nelson
Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller did not.
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COA not persuaded by defendant’s claims on appeal

December 5, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during his trial.
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Refusal to give jury instruction not harmless error

December 5, 2012
Jennifer Nelson
A trial court’s error in refusing to give a defendant’s tendered self-defense and resistance of unlawful force instructions during his trial was not harmless and requires the man’s conviction of Class D felony resisting law enforcement be overturned, the Indiana Court of Appeals held Wednesday.
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Mother’s consent to adoption not required

December 5, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the decision by the Wabash Circuit Court to deny a father and his wife’s petition to allow his wife to adopt his minor child, finding the biological mother’s consent is not required.
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Court split over valid ID requirement for name change

December 5, 2012
Jennifer Nelson
The Court of Appeals concluded Wednesday that the trial court erred when it required a valid driver’s license or state identification card as a prerequisite to grant a petition for a name change under Indiana Code 34-28-2, but split over whether an elderly man can change his name because he’s never had a valid state-issued ID.
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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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