Legal News

Kentucky ruling prevents Indiana court from addressing claim

May 22, 2014
Jennifer Nelson
Because the principles of full faith and credit required a Clark Circuit court to consider the judgments of a Kentucky court involving the default of promissory notes on property in Kentucky and Indiana, there was no error by the Indiana court in granting a bank the right to foreclose.
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COA finds Yellow Book ad contract induced by fraud

May 22, 2014
Jennifer Nelson
A heating and cooling company does not owe Yellow Book for a contract it tried to break after finding the publication didn’t change the terms of the contract as promised, the Indiana Court of Appeals held. But, the heating and cooling company is on the hook for two other contracts it had that it failed to fully pay.
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State courts to adopt e-filing in 2015

May 22, 2014
Dave Stafford
Indiana courts will switch to electronic filing beginning next year, according to an order issued Thursday by the Indiana Supreme Court.
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Judges reverse convictions based on use of witness’s statement

May 21, 2014
Jennifer Nelson
Because the state called a witness solely to impeach her with a pretrial statement, and the jury may have relied on the witness’s testimony to convict the defendant, a majority on the Indiana Court of Appeals reversed burglary and receiving stolen property convictions. 
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Camm defense attorneys to discuss forensic evidence

May 21, 2014
IL Staff
Richard Kammen and Stacy Uliana, who defended David Camm against charges of murdering his wife and two children, will join the former state trooper at Indiana University Robert H. McKinney School of Law Friday to discuss the role of forensic evidence in his case.
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Lucas Oil vendor not entitled to summary judgment in dram shop case

May 21, 2014
Jennifer Nelson
It should be up to the trial court or a jury to determine whether a vendor in Lucas Oil Stadium in Indianapolis should be held responsible for serving alcohol to a man who later hit two children while driving home after a game.
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COA: Court should not have imposed 2-mile ban as part of probation

May 21, 2014
Jennifer Nelson
The Indiana Court of Appeals found a trial court abused its discretion when it originally imposed a probation condition prohibiting a man from going within two miles of where he committed battery against a stranger.
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Lawyers question enforcement of advertising rules

May 21, 2014
Dave Stafford
One of Indiana’s most familiar legal names – a frequent flier on buses, billboards and TV commercials – says enforcement of disciplinary rules governing attorney advertising is a mess and needs an overhaul. The Indiana State Bar Association is considering preapproving ads.
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Attempted child seduction case exposes gap in law

May 21, 2014
Dave Stafford
The Indiana Supreme Court is considering whether a teacher took a substantial step toward the crime of attempted child seduction when he sent explicit Facebook messages to a 16-year-old student and proposed arranging to meet for sex.
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7th Circuit to hear Indiana same-sex marriage challenge

May 21, 2014
Marilyn Odendahl
Shortly after a federal judge ordered Indiana to recognize the marriage of one same-sex couple, the Office of the Indiana Attorney General continued its defense of “traditional marriage” by filing a notice of appeal with the 7th Circuit Court of Appeals. By doing so, it added to the list of appellate courts hearing challenges to state marriage laws.
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Establishing Miller Trusts

May 21, 2014
Marilyn Odendahl
Attorneys offer their pro bono services to help nursing home residents keep their Medicaid benefits.
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Bankruptcy Court fees increasing

May 20, 2014
IL Staff
Filing for bankruptcy will become more expensive June 1.
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CLEO interns assigned to Court of Appeals, Tax Court

May 20, 2014
IL Staff
Eight students from three law schools have been selected for summer internships with judges of the Indiana Court of Appeals and Tax Court through the 2014 Carr L. Darden Conference for Legal Education Opportunity internship program.
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New class ceremonially admitted to Indiana bar

May 20, 2014
IL Staff
A ceremony at the Indiana Roof Ballroom in Indianapolis marked the admission of 160 new attorneys to the practice of law Tuesday.
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COA rules natural parents’ consent unnecessary in adoption

May 20, 2014
Marilyn Odendahl

Once a trial court found a child’s natural parents to be unfit, the court did not need to revisit that finding at an adoption hearing, the Indiana Court of Appeals has ruled.

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School district not immune from liability in shooting incident

May 19, 2014
Marilyn Odendahl
Although a principal was responsible for formulating and implementing a security plan for her school, the level of discretion the principal had was not enough to give the school district immunity from liability following an in-school shooting.
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Spierer civil suit discovery halted; claims called ‘precarious’

May 19, 2014
Dave Stafford
The federal civil lawsuit naming two former Indiana University students who were among the last to see missing IU freshman Lauren Spierer will proceed, but a judge Monday narrowed the inquiry regarding one defendant and halted discovery in the meantime.
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Supreme Court grants transfer in 4 cases

May 19, 2014
Dave Stafford
The Indiana Supreme Court will review reversal of a man’s conviction of possession of a firearm by a serious violent felon due to a police officer’s testimony about the man’s nickname.
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Tax Court affirms rejection of fire protection district

May 19, 2014
Dave Stafford
A faulty legal notice published to advertise a public hearing for the purpose of creating a fire protection district in northern Madison County was sufficient grounds for the state to deny creation of the district, the Indiana Tax Court ruled Friday.
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Loss of power disrupts courts in Northern Indiana

May 16, 2014
Marilyn Odendahl
A major power outage in Northern Indiana has shut down the federal courthouse in downtown South Bend.
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Marion County criminal courts near Odyssey conversion

May 16, 2014
Dave Stafford
Marion Superior criminal court workers are training and IT staff and clerks are working overtime preparing for what will be the largest adoption of the Odyssey case management system to date.
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Lawyer disbarred for client altercation, numerous violations

May 16, 2014
Dave Stafford
A criminal defense lawyer accused of instigating a physical altercation with a former client at the City-County Building in Indianapolis and committing numerous rules violations has been disbarred.
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U.S. Courts mark 60th anniversary of Brown v. Board of Education

May 16, 2014
IL Staff
May 17 marks the 60th anniversary of the landmark case that ended legal segregation in the United States. The federal courts are commemorating the historic Supreme Court of the United States ruling in Brown v. Board of Education with a variety of online resources.
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Fewer topics but interim committees still have work to do

May 15, 2014
Marilyn Odendahl
The internal changes to the Legislature’s interim study committee structure are not readily visible, but majority and minority leaders are optimistic the alterations will streamline the process and control the workload.
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Bank wins in appeal of foreclosure action

May 15, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of Wells Fargo on its action to foreclose on a mortgage and collect from the guarantor of the loan, ruling that the loan documents were properly assigned to the bank.
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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