Legal News

Application period opens for crime victim program grant

June 1, 2016
IL Staff
More than $45 million in grants for programs that help victims of violent crime is being made available through the Indiana Criminal Justice Institute, which announced Wednesday that grant applications will be accepted through July 1.
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Indiana Tech Law School graduates under pressure to be exemplary attorneys

June 1, 2016
Marilyn Odendahl
The 20 graduates who received their J.D. degrees were part of a historic day for Indiana Tech Law School as they were the first to graduate from the state’s fifth law school. But faculty and graduates acknowledged that the graduation, while a significant milestone, is not the end of their work.
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Darryl Pinkins’ freedom a long, emotional battle for IU professor, students

June 1, 2016
Dave Stafford
Darryl Pinkins walked out of prison a free man in April after almost 25 years, exonerated in a heinous 1989 rape by advances in DNA forensics. But before the science could free him, Pinkins needed someone to believe in his innocence.
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Judge’s actions move IBM case back to Supreme Court

June 1, 2016
Dave Stafford
There appears to be no end in sight to the ‘extraordinary’ canceled welfare contract lawsuit involving the state and IBM.
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COA questions evidence in Patel feticide conviction

June 1, 2016
Scott Roberts
The Indiana Court of Appeals recently heard arguments in a case that could impact any pregnant woman whose actions result in the death of her unborn child.
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Retailer sees litigation costs cut by nearly half under Ogletree Deakins program

June 1, 2016
Scott Roberts
Management at hhgregg realized it had a problem. It was spending too much in legal costs — more than $70,000 a month — and the retailer and its employees did not have a centralized place to go for legal answers.
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COA: Mother justified in deciding not to work as doctor

May 31, 2016
Jennifer Nelson
In a child support case in which a man challenged the decision by his son’s mother to quit her job as a doctor to stay at home with her children, the Indiana Court of Appeals found she had just cause to do so based on the sons’ special needs.
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Suspended attorney’s UPL convictions upheld

May 31, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a suspended Elkhart attorney’s convictions of practicing law by a non-attorney after ruling there is sufficient evidence he continued to provide legal work after he was disciplined by the Indiana Supreme Court two years ago.
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Division of judgment in failed care facility financing affirmed

May 31, 2016
Dave Stafford
A former Indiana lawmaker and his business partners must pay a pro rata share of a deficiency judgment over defaulted financing for a rehabilitation care facility in Liberty, Indiana, the Court of Appeals affirmed Tuesday.
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Although unlicensed in county, contractor still owed for work

May 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a contractor violated the Home Improvement Contracts Act when he misled a family into thinking he was locally licensed and voided the contract between the two. However, the court said he should still be paid for the work he did because the family would be unjustly enriched if he was not paid.
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Contract’s ambiguities win homeowners a reversal

May 31, 2016
Marilyn Odendahl
Owners of a shabbily built house will get another chance to hold their architects accountable for the construction headaches after the Indiana Court of Appeals found there are questions of material fact that should be considered.
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COA affirms child care worker’s convictions of sex with minors

May 31, 2016
Dave Stafford
A Putnam County man convicted of multiple counts of sex with minors under his care failed to convince the Indiana Court of Appeals that evidence against him was improperly admitted in his bench trial.
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Stepfather who proved paternity can’t deprive ex of joint custody

May 31, 2016
Dave Stafford
A man who fathered a child while the mother was married to another man lost his appeal Tuesday that sought relief from a court order concerning the child's custody.
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Judge: Court discriminated against deaf man by denying mediation interpreter

May 31, 2016
Dave Stafford
A deaf Indianapolis man was discriminated against when a court denied providing him an interpreter during a mediation session ordered in his child custody case. A federal judge ruled Friday that Marion Superior Court’s decision to deny the interpreter in a court-funded mediation program violated the Americans with Disabilities Act.
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7th Circuit: Probationary phone records are admissible evidence

May 31, 2016
Scott Roberts
The 7th Circuit Court of Appeals has ruled evidence of a deceased man’s phone numbers provided to his probation officer is not inadmissible hearsay and those records should be included in another man’s criminal case.
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Judge orders release of documents in Trump University suit

May 31, 2016
 Associated Press, IL Staff
A federal judge with connections to Indiana is ordering the release of Trump University internal documents in a class-action lawsuit against the now-defunct real estate school owned by presumptive Republican presidential nominee Donald Trump.
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Federal judge weighs order to halt homeless camp sweeps

May 27, 2016
 Associated Press
A federal judge is weighing whether to issue an order barring Fort Wayne from conducting periodic sweeps of the city's homeless camps.
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Indiana ministry sues zoning board over dairy farm approval

May 27, 2016
 Associated Press, IL Staff
An eastern Indiana ministry that operates a children's church camp is suing zoning officials over their approval of a large dairy farm that would be built within a half-mile of the camp.
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COA: Court cannot order juvenile to pay restitution as a civil judgment

May 27, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court may not order a juvenile to pay restitution as a civil judgment after a minor was ordered to pay restitution in two cases where he violated his probation.
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Lawyers scatter after century-old Carmel firm closes

May 27, 2016
Lindsey Erdody, IBJ Staff
A 100-year-old law firm in Hamilton County has dissolved, and a majority of its attorneys have launched new practices.
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Indiana Supreme Court deadlocks on protective order case

May 27, 2016
Scott Roberts
The Indiana Supreme Court reinstated an Indiana Court of Appeals decision in a protection order case it took on transfer after the four justices deadlocked on how to resolve the case.
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Valparaiso woman gets $200K for sexual harassment at Purdue

May 27, 2016
 Associated Press
Attorneys for a Valparaiso woman say Purdue University has paid her a $200,000 settlement after she alleged she was sexually harassed by two professors while serving as a graduate student and teaching assistant.
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7th Circuit grants en banc hearing in Indiana prison death suit

May 26, 2016
Dave Stafford
The 7th Circuit Court of Appeals set aside its ruling affirming summary judgment in favor of a medical services provider in an Indiana prison death lawsuit, ordering a review by the full panel of circuit judges.
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COA upholds adoption venue transfer

May 26, 2016
Scott Roberts
The Indiana Court of Appeals upheld transfer of an adoption petition from Greene to Monroe County Circuit Court, ruling Monroe was the preferred venue because of other cases related to the petition that also were happening there.
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COA: Man did not have expectation of privacy after he was tracked by GPS

May 26, 2016
Scott Roberts
Tracking of man by GPS did not violate his Fourth Amendment or Indiana constitutional rights, the Court of Appeals ruled, because he did not have a reasonable expectation of privacy. The appellate court upheld Joseph Sidener's Class C felony burglary conviction and the finding he is an habitual offender.
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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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