Legal News

Dissenting COA judge seeks to double molester’s sentence

October 19, 2016
Dave Stafford
A dissenting Indiana Court of Appeals judge Wednesday said he would use the court’s authority to double the sentence of a man ordered to serve four years in the Indiana Department of Correction for his conviction of two counts of Class C child molesting.
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COA dismisses divorce appeal for untimeliness

October 19, 2016
Olivia Covington
The Indiana Court of Appeals has dismissed an appeal of an order dissolving a LaPorte County couple’s marriage after finding that the appeal was not filed within the correct timeframe.
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Barnes & Thornburg malpractice suit prompts judge’s warning

October 19, 2016
Dave Stafford
Indiana’s largest law firm prevailed in defending a judgment in its favor in a legal malpractice suit, but an Indiana Court of Appeals judge took the opportunity to question whether lawyers should be able to shield themselves from liability for future acts of malpractice.
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COA: Illinois sex offender must register in Indiana

October 19, 2016
Olivia Covington
An Illinois sex offender now living in Indiana must keep his name on the Indiana sex-offender registry after the Indiana Court of Appeals found Wednesday that there was no ex post facto violation in applying the state’s registration tolling statute to the man after he moved to Indiana.
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COA allows juvenile expungement despite pending charge

October 19, 2016
Olivia Covington
The Indiana Court of Appeals has allowed a Marion County man’s juvenile record to be expunged after finding that a criminal charge that was filed against him after he filed a petition for expungement cannot be held against him in the expungement case.
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Secretary of State: Altered voter registrations raise concerns

October 19, 2016
 Associated Press
Thousands of voter registrations were altered, raising concerns about possible fraud, says Indiana's chief elections official, whose office warned voters to check whether their information is correct online and encouraged voting early to avoid problems on Election Day.
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Ex-prosecutor becomes Clark County chief public defender

October 19, 2016
 Associated Press
After nearly 14 years with the Floyd County Prosecutor's Office, Abraham Navarro has jumped over to Clark County to serve as chief public defender.
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Victims to collect money soon in Veros case

October 19, 2016
Jared Council
Efforts to clean up what the Securities and Exchange Commission alleged was an $8.6 million Ponzi scheme perpetrated by Indianapolis-based Veros Partners Inc. are entering their final stages, with all but one defendant having reached a settlement and the company’s receiver preparing to make his first distribution to affected investors.
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Bench, bar rally behind prosecutor facing discipline

October 19, 2016
Dave Stafford
The Indiana Supreme Court Disciplinary Commission brought a formal complaint against Johnson County Prosecutor Bradley Cooper for press comments attributed to him in reaction to a judge's grant of post-conviction relief for convicted murderer Michael Overstreet. A parade of character witnesses traveled to a distant hearing to rally behind Cooper.
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Getting down to the business of lawyering

October 19, 2016
Marilyn Odendahl
Evansville attorney David G. Harris is such a fan of the Lawyerist that he was the main driver behind getting the Evansville Bar Association to invite the website's founder and editor-in-chief Sam Glover to speak. The Minneapolis attorney-writer will be in the southern Indiana city Oct. 27 to make a presentation about practicing law and lead attorneys through a four-step process to secure information on their laptops.
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Proposed IRS regulation a taxing matter for relatives

October 19, 2016
Marilyn Odendahl
Proposed regulations from the Internal Revenue Service confirm that blood is thicker than water, but estate planning attorneys say the new rules could hand family-owned businesses much higher tax bills simply because they are family.
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Marion County courts prepare for transition to e-filing this month

October 19, 2016
Dave Stafford
Marion County courts will begin e-filing Oct. 28, and before the end of the year, electronic filing will be mandatory. But that hasn't stopped some people from asking those facilitating the change, “Are you actually going to do this?”
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Pence mum on continuing anti-Syrian refugee fight gubernatorial candidates reject

October 19, 2016
Dave Stafford
Gov. Mike Pence’s fight to keep Syrian refugees out of Indiana may continue — as his term is expiring, he hasn’t said whether he will appeal federal court rulings that his position is discriminatory. Nevertheless, the candidates vying to succeed him as governor oppose the stance he’s unsuccessfully fought for.
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Lawyer’s breast cancer diagnosis inspires launch of solo practice

October 19, 2016
Olivia Covington
It was supposed to be a routine mammogram, just something Mary Foley Panszi had to do. But when she received a breast cancer diagnosis, her life and career changed.
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Trend of in-house counsel doing more internally likely to continue

October 19, 2016
Marilyn Odendahl
Since the Great Recession and possibly a little before, businesses have been relying less on outside counsel and using in-house attorneys more to work on legal matters. The main drivers behind the trend are companies’ desire to save money as well as to increase efficiencies in getting work done.
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Legislative group delays action on ALJ panels to retain subject-matter expertise

October 19, 2016
Dave Stafford
Perceived bias of administrative law judges in favor of the state agencies for which they adjudicate disputes has led to calls for Indiana to join 30 other states that have moved to central panels of ALJs to give them more independence. But that won’t happen anytime soon, a General Assembly study committee decided.
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Another tool for courts, police to combat drug abuse

October 19, 2016
Olivia Covington
Through Recovery of Indiana, a behavioral health program aimed at reducing drug abuse rates across the state, the Front Door Opiate Reduction Initiative is launching in new locations in Indiana to give courts and law enforcement officers additional options besides jail time for drug offenders struggling with serious addictions.
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'Played the fool': Car owners slam Volkswagen emissions deal

October 18, 2016
 Associated Press
Several angry Volkswagen owners told a federal judge on Tuesday that a $10 billion settlement does not adequately compensate them for the automaker's emissions cheating scandal.
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Rolling Stone defamation trial over rape article begins

October 18, 2016
 Associated Press
The woman who claimed she was gang raped in a now-discredited story in Rolling Stone magazine said the University of Virginia dean who counseled her after she came forward about her alleged assault "did everything right," an attorney said Tuesday.
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COA prevents INDOT from seeking more than $100k in damages after bridge accident

October 18, 2016
Olivia Covington
The Indiana Court of Appeals has affirmed the denial of summary judgment for the Indiana Department of Transportation after the department had argued that it should be allowed to seek the more than $100,000 it spent to repair a state bridge damaged in an accident, an amount that was double the estimated cost.
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Sotomayor: US Supreme Court still feeling loss of Scalia

October 18, 2016
 Associated Press
The U.S. Supreme Court continues to deeply feel the loss of Justice Antonin Scalia eight months after his death, and his empty seat makes it harder for the surviving eight justices to do their job of resolving some of the country's most vexing legal questions, Justice Sonia Sotomayor said Monday.
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COA: Court should have given inmate more time to pay fee

October 17, 2016
Olivia Covington
The Indiana Court of Appeals decided Monday that the Bartholomew Circuit Court erred when it gave an inmate only 30 days to pay a court filing fee and subsequently dismissed the complaint the inmate had tried to file.
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Noblesville city court judge dies at 74

October 17, 2016
IL Staff
Noblesville City Court Judge Gregory L. Caldwell died Thursday night after serving as judge for 24 years. He was 74.
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Supreme Court takes oral arguments to Ball State

October 17, 2016
IL Staff
The justices of the Indiana Supreme Court will travel to Ball State University next week to hear oral arguments in a case involving a karate injury.
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Indy jail wrongful-detention suit order appealed to 7th Circuit

October 17, 2016
Dave Stafford
A judge’s ruling denying class-action certification for a group of people held in the Marion County Jail, sometimes for days after posting bond, has been challenged at the 7th Circuit Court of Appeals.
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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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