Legal News

Massa stays in Rockport power plant case over calls for recusal

August 14, 2013
Dave Stafford
Indiana Supreme Court Justice Mark Massa on Wednesday denied a formal motion arguing that he should recuse himself from a pending case concerning the controversial Rockport power plant. The project is backed by a longtime friend of Massa and former aide to Gov. Mitch Daniels, whose administration championed the project.
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Community-caretaking duties permits warrantless search

August 14, 2013
Marilyn Odendahl
A warrantless search that led to discovery of marijuana and a handgun did not violate the Fourth Amendment because the police found the items as part of their “community-caretaking” duties.
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Charge dismissed in error negates felony DUI enhancement

August 14, 2013
Dave Stafford
The state’s errant dismissal of a misdemeanor drunken-driving charge in 2009 may not be corrected in order to enhance to a felony a defendant’s second such charge within five years, a divided panel of the Indiana Court of Appeals ruled.
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Man still drunk despite change in public intoxication statute, COA rules

August 14, 2013
Dave Stafford
A 2012 change in Indiana’s public intoxication statute adding a required charging element of at least harassing, annoying or alarming another person doesn’t negate a conviction for a man who the Indiana Court of Appeals ruled did at least that much.
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Interim criminal law study committee to examine sentencing questions

August 14, 2013
Marilyn Odendahl
The process to correct and clarify House Enrolled Act 1006, the massive piece of legislation overhauling the state’s criminal code, will begin Aug. 15 at the first meeting of the Indiana General Assembly’s Criminal Law and Sentencing Policy Study Committee.
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Environmental groups ask Massa to recuse from Rockport case

August 14, 2013
Dave Stafford
Justice Mark Massa should recuse himself from hearing an Indiana Supreme Court appeal of a ruling that hindered a proposed multi-billion-dollar coal gasification plant in Rockport, several environmental and consumer groups argue in a brief filed in the case.
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State commission studying services for children sets first meeting

August 14, 2013
IL Staff
A commission created last year by the Legislature to better coordinate services for children will hold its first meeting Aug. 21.
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65 years in the law

August 14, 2013
Holly Wheeler
World War II had just ended and the Baby Boom generation was making its debut when Philip “Skip” Kappes graduated from the University of Michigan Law School. It was 1948 and, for those who were not alive or just too young to remember that time, the following are a few facts that might help you gain perspective on the differences in American society between then and now.
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Shuai case resolved, thorny legal issues remain

August 14, 2013
Dave Stafford
A resolution that spared Bei Bei Shuai more jail time and dropped murder and attempted feticide charges filed after the death of her newborn daughter did little to clarify the state of the law under which she was prosecuted.
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Nigerian immigrant's religious discrimination suit carries cautions for employers

August 14, 2013
Dave Stafford
Sikiru Adeyeye had a mission when his father died in Nigeria three years ago. Letters to his employer asking to take one week of paid vacation and several weeks off without pay expressed the urgency of his obligation.
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From Atlantic to Pacific, the golfing is terrific; McKinney student completes 96-day fundraising odyssey

August 14, 2013
Marilyn Odendahl
Luke Bielawski, a student at Indiana University Robert H. McKinney School of Law, has spent the better part of his summer teeing off from California to South Carolina as a fundraiser for Providence Cristo Rey High School in Indianapolis.
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Lawyer's report sounds latest alarm about Marion County Small Claims courts

August 14, 2013
Dave Stafford
Problems with Marion County’s Small Claims courts are by now well-documented. After the Wall Street Journal took note of forum shopping, creditors’ cozy relationships with some courts and other lax practices, Court of Appeals Judge John Baker and Senior Judge Betty Barteau issued a report advocating reform.
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Accused murderers likely to stay in jail awaiting trial

August 14, 2013
Marilyn Odendahl
When the Indiana Supreme Court upended 150 years of precedent concerning murder defendants, it raised eyebrows and stirred debate but, in practice, the impact of the opinion is expected to be very limited.
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Blogger attorney Ogden grilled in public discipline hearing

August 14, 2013
Dave Stafford
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours July 30 in a hearing before the Indiana Disciplinary Commission.  
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Mandatory use of E-Verify could bring new headaches for US companies

August 14, 2013
Marilyn Odendahl
The red hot economy of the 1990s demanded a steady supply of unskilled and semi-skilled labor, a demand that was often filled with undocumented workers. Cities across the Midwest openly welcomed these individuals. Companies, trying to feed an insatiable appetite for workers, were placing help-wanted ads in newspapers in other states.
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Changes may prompt review of background check policies

August 14, 2013
For more than 20 years, the Equal Employment Opportunity Commission has taken the position that an employer’s use of applicants’ criminal history in making employment decisions may constitute discrimination under Title VII of the Civil Rights Act of 1964, as amended. The underlying premise has always been that because minorities are historically and statistically arrested and incarcerated at higher rates than their representation in the general population, the use of criminal records by employers in making hiring and retention decisions may be discriminatory.
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Hammerle on ... 'Fruitvale Station' and 'The Conjuring'

August 14, 2013
Robert Hammerle
In this issue, Robert Hammerle reviews "Fruitvale Station" and "The Conjuring."
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Disciplinary Action - 8/14/2013

August 14, 2013
IL Staff
Read who has recently been suspended by the Indiana Supreme Court, received a public reprimand or resigned.
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In Brief - 8/14/2013

August 14, 2013
The IL Daily delivers legal news to your email inbox. In case you missed it, following is a recap of some of the stories reported online since the last issue of Indiana Lawyer. Subscribe to IL Daily to receive this news as it happens.
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Pending petition for child support becomes applicable after Legislature amends statute

August 13, 2013
Marilyn Odendahl
A trial court will have to reconsider its ruling in a child support dispute in light of a state law that was changed while an appeal of the case was pending.
 
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Observation and training provided 'reasonable suspicion' to conduct traffic stop

August 13, 2013
Marilyn Odendahl
A man’s voluntary confession that he was a habitual traffic violator is admissible even though he had not broken any laws when the sheriff’s deputy pulled him over.
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Man may be retried on sex charge, but state may not amend

August 13, 2013
Dave Stafford
A man acquitted on a rape charge but whose charge of sexual misconduct with a minor ended in a hung jury and mistrial may be retried, but not on a count the state sought to amend, the Court of Appeals ruled Tuesday.
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Denial of recorded Vanderburgh ‘river camps’ lots affirmed

August 13, 2013
Dave Stafford
“River camps” along the Ohio River that date back to the 1930s may not be divided as lots of record based on the testimony of longtime residents, the Indiana Court of Appeals ruled Tuesday, affirming a judgment of the Vanderburgh Circuit Court.
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Speedway man charged with threatening judge, attorney

August 13, 2013
Dave Stafford
A Speedway man accused of posting online death threats against a judge, an attorney and others has been charged in federal court, according to a statement from the office of Joe Hogsett, U.S. attorney for the Southern District of Indiana.
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Teachers union could pay $14M to schools under settlement

August 13, 2013
IBJ Staff, J.K. Wall
The state’s largest teachers union and its national parent organization have agreed to pay $14 million under a tentative settlement announced Tuesday morning by Indiana Secretary of State Connie Lawson and Indiana Securities Commissioner Chris Naylor.
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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