Legal News

COA: Judge should dismiss habeas petition

November 12, 2014
Jennifer Nelson
The Indiana Court of Appeals found a Henry County judge erred when he denied an inmate’s petition for habeas corpus challenging a disciplinary decision from the Indiana Department of Correction. The judge should have instead dismissed the petition.
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ABA to prosecutors: Don’t give official letterhead to debt collection companies

November 12, 2014
Jennifer Nelson
The American Bar Association released a formal opinion Wednesday warning prosecutors that providing official letterhead to a debt collection company for its use may violate Rules of Professional Conduct.
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Oral argument set for ex-Indiana elections chief

November 11, 2014
 Associated Press
The next step in former Indiana Secretary of State Charlie White's fight to overturn his voter fraud conviction is set for next month.
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Evansville Bar Association honors veterans

November 11, 2014
IL Staff
The Evansville Bar Association is hosting its 4th annual Veterans Day Celebration Tuesday to honor the men and women of the bar association who have served in the United States Armed Forces.
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Lawsuit aims to halt Eagle Creek Park deer hunt

November 11, 2014
Dave Stafford
A lawsuit filed by a longtime user of Indianapolis’ Eagle Creek Park seeks to stop the “illegal hunting and senseless slaughter of white-tailed deer” planned later this month in the municipal park.
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Indiana woman seeks dismissal of feticide charge

November 11, 2014
 Associated Press
A northern Indiana woman's lawyer is seeking the dismissal of a feticide charge she faces in the death of her baby whose body was found in a restaurant trash bin.
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Appeal aims to block planned 4,000-hog facility

November 11, 2014
 Associated Press
A group of homeowners wants a county judge to block a southern Indiana farmer from being allowed to build a facility that would house 4,000 hogs.
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Indiana high court suggests mediation in IBM case

November 10, 2014
 Associated Press
The Indiana Supreme Court is asking attorneys for the state and IBM Corp. to consider mediation to settle their dispute over IBM's failed attempt to privatize Indiana's welfare services.
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Mill not entitled to prejudgment interest on breach of contract claim

November 10, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a $36 million award to an East Chicago mill after a braking system failure led to the spillage of molten iron within the shop. But the judges reversed the grant of more than $3 million in prejudgment interest.
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COA: Standard of care same for all doctors

November 10, 2014
Jennifer Nelson
The Indiana Court of Appeals ruled in a medical malpractice claim brought by a former inmate who had gender reassignment surgery that the standard of care for doctors practicing inside prisons is the same as the standard of care for those practicing outside of prison.
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Governor declares November Adoption Awareness Month

November 10, 2014
IL Staff
Gov. Mike Pence has issued a proclamation declaring November as Adoption Awareness Month in Indiana.
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Man convicted of making false statements on gun application to get new trial

November 10, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a Manilla, Indiana, man’s convictions of making false statements in connection with the purchase of a firearm, holding the trial court violated his due process right to present a mistake-of-fact defense.
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Same-sex couple gets divorce in Indiana

November 10, 2014
Marilyn Odendahl
Indiana residents Linda Bruner and Lori Roberts made history Nov. 10 by becoming the first same-sex couple in the state to legally divorce.
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Judge rejects public funds for murder appeal

November 10, 2014
 Associated Press
A Delaware County judge has again rejected a Muncie woman's request to have taxpayers help fund her appeal of her conviction in the torture slaying of her 5-year-old Haitian cousin.
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Man charged with killing aunt due in court

November 10, 2014
 Associated Press
Attorneys for a central Indiana man accused of murder in his aunt's death contend he has been incarcerated too long without being brought to trial.
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Doctrine of continuing wrong not applicable to man’s malpractice claim

November 7, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of summary judgment in favor of a physician and a medical group on a patient’s claim of malpractice after the patient learned his allergic reactions were caused by the disinfectant used by the doctor. The judges held the doctrine of continuing wrong does not apply in this case.
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AG asks court to appoint attorney as receiver of INCASA

November 7, 2014
Jennifer Nelson
Indiana Attorney General Greg Zoeller has asked a Marion County Court to appoint an attorney as receiver of an Indianapolis-based nonprofit that suspended operations in June due to financial insolvency.
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Residents not entitled to refund for alleged Barrett Law violations

November 7, 2014
Jennifer Nelson
The city of Indianapolis does not have to pay nearly $3 million in damages to residents who paid in full their share of the costs of sewer improvements. A couple sued after discovering the city had changed its financing plan and forgave future payments by those who still owed the city.
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Ex-Center Township judge agrees to ban from bench

November 7, 2014
Dave Stafford
A former Marion County Small Claims Court judge has agreed to a lifetime ban from holding judicial office after allegations that she used her position to profit from a wedding business.
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Union loses challenge to state’s right-to-work law

November 7, 2014
Jennifer Nelson
The Indiana Supreme Court has ruled that two sections of the state’s right-to-work law do not violate the Indiana Constitution. A union had asked a Lake County judge to declare the entire statute unconstitutional.
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Gay marriage on way back to US Supreme Court

November 7, 2014
 Associated Press
A month after the U.S. Supreme Court declined to rule on gay marriage, the issue is headed its way again.
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Former township CFO pleads guilty in public theft case

November 7, 2014
IBJ Staff
A former chief financial officer for Center Township in Indianapolis plans to plead guilty to federal public corruption charges, the U.S. Attorney’s Office announced Thursday afternoon.
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Indiana Supreme Court upholds right-to-work law

November 6, 2014
Jennifer Nelson
The Indiana Supreme Court has ruled that two sections of the state’s right-to-work law do not violate the Indiana Constitution. A Lake County judge declared the challenged statutory provisions unconstitutional in a July 2013 ruling.
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Judges uphold denial of motion to suppress on rehearing

November 6, 2014
Jennifer Nelson
The Indiana Court of Appeals, after clarifying a point in their original opinion, still did not believe that a police detective tried to mislead a judge in order to obtain a search warrant. The judges upheld their original decision that affirmed the denial of a man’s motion to suppress evidence collected at his home following drug deals.
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Indiana man sentenced in shooting of intruder

November 6, 2014
 Associated Press
An eastern Indiana man has been sentenced to 60 days in jail for firing gunshots that wounded an intruder who was fleeing his property.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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