Legal News

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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Ex-IURC leader’s criminal charges dropped

August 12, 2013
Dave Stafford
The former chairman of the Indiana Utility Regulatory Commission won’t face trial on felony charges stemming from an ethics scandal at the agency, a judge ruled Monday.
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Complaint: Wabash realtor faked court papers, intimidated renters

August 12, 2013
Dave Stafford
A northern Indiana realtor faked court papers in an attempt to intimidate renters and collect from them, according to a complaint from the attorney general’s office filed Thursday.
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Ineffective counsel claim sufficient to overcome waiver in plea agreement

August 12, 2013
Marilyn Odendahl
Despite a man’s plea agreement in which he waived his right to challenge his conviction under 28 U.S.C. 2255, the 7th Circuit Court of Appeals ruled he can seek to have his conviction overturned because the 2255 waiver does not bar his claim that his trial counsel was ineffective.
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Tax Court: Miller Pipeline lacks support for summary judgment

August 12, 2013
Dave Stafford
An Indianapolis pipeline company must proceed to trial in its bid to earn a refund of sales and use taxes, Senior Judge Thomas Fisher ruled for Indiana Tax Court.
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Conour, government agree to sale of assets

August 12, 2013
Dave Stafford
Convicted former attorney William Conour’s possessions in his foreclosed Carmel home, including original artwork and a collection of premium wine and champagne, could be sold with proceeds directed toward a court fund established for victim restitution according to a joint motion  filed in federal court.
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In tossing discrimination case, 7th Circuit confronts state immunity claims

August 9, 2013
Dave Stafford
An Indiana Department of Health lab worker’s claim that he was fired because of his age, race or gender was rightly rejected by the District Court, the 7th Circuit Court of Appeals ruled Friday.
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Time spent in federal custody does not interfere with right to speedy trial

August 9, 2013
Marilyn Odendahl
A defendant’s repeated incarcerations in other jurisdictions did not interfere with his right to a speedy trial in Indiana.
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Burglary, criminal mischief sentences double jeopardy, split COA rules

August 9, 2013
Dave Stafford
A man ordered to serve 18 years in prison will be resentenced after an Indiana Court of Appeals panel ruled Friday that his convictions of Class C felony burglary and Class A misdemeanor criminal mischief constituted double jeopardy.
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Indiana law firms named among best for women

August 9, 2013
IL Staff
Three law firms based in Indiana or with offices in the state are among the 50 Best Law Firms for Women in the annual list compiled by Working Mother and consulting firm Flex-Time Lawyers LLC.

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Single sewer lien not enough to bring foreclosure

August 8, 2013
Marilyn Odendahl
Despite liens against their respective properties, two homeowners will be able to keep their properties out of the county tax sale.
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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. 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.

  4. 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.

  5. 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.

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