Legal News

Indiana Tech Law School settling into new digs, waiting for classes to begin

July 24, 2013
Marilyn Odendahl
With the students arriving in less than a month, Indiana Tech Law School is opening the doors of its new building and giving academics, lawyers and community members a peek inside.
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7th Circuit: Attorney’s deficient performance prejudiced defendant

July 24, 2013
Jennifer Nelson
Finding that an appellate attorney opted for a “hopeless sufficiency challenge” instead of the obvious claim challenging the validity of an amended information that elevated a charge to murder, the 7th Circuit Court of Appeals reversed the denial by the federal court of the man’s petition for writ of habeas corpus.
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COA: Police escort into home does not violate 4th Amendment

July 24, 2013
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.
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Judge: Continuing current sequestration cuts would be ‘devastating’ to justice system

July 24, 2013
IL Staff
A federal judge implored a Senate panel Tuesday to provide sufficient funding for U.S. courts, warning that the general public will lose the access to justice that has been a hallmark of this country.
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COA: Court must hold another hearing on custody

July 23, 2013
Jennifer Nelson
A trial court may refuse to approve a settlement agreement entered into by parents regarding custody of minor children, the Indiana Court of Appeals pointed out Tuesday, but in this case, the court erred by not granting the father’s motion for a continuance regarding his mental health evaluation.
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Appeals court orders more proceedings in pulley lawsuit

July 23, 2013
Jennifer Nelson
Finding the trial court shouldn’t have granted summary judgment in favor of a distributor on a buyer’s claim of breach of implied warranty of merchantability regarding pulleys provided by the distributor, the Indiana Court of Appeals remanded to the trial court to take another look at the issue.
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ACLU files suit over denial of prisoner’s request to pray in group

July 23, 2013
IL Staff
The American Civil Liberties Union of Indiana announced Monday that it has filed a lawsuit on behalf of a prisoner who practices the African Hebrew Israelite religion because the Pendleton Correctional Facility won’t allow the religious group to congregate for prayer unless a volunteer is present.
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Lilly, Simon lawyers make best-paid general counsel list

July 23, 2013
IL Staff
Attorneys for two Indianapolis-based Fortune 500 companies are among the 50 best-paid general counsel, according to a list published Monday by Corporate Counsel Magazine.
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Public safety chief to address Marion County probation staff

July 23, 2013
IL Staff
Indianapolis-Marion County Public Safety Director Troy Riggs will be among the featured speakers for an event Wednesday honoring staff of the county probation department.
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COA affirms second imposition of habitual-offender enhancement

July 22, 2013
Jennifer Nelson
A Tippecanoe County man whose sentence enhancement for being a habitual offender was overturned by the Indiana Supreme Court – but later re-imposed after a retrial – was unable to convince the Indiana Court of Appeals that his retrial was barred by res judicata.
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Visitation, funeral this weekend for Carmel attorney

July 19, 2013
IL Staff
A longtime attorney from Carmel who died unexpectedly this week will be laid to rest Sunday.
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Bail bond issues dominate Commission on Courts meeting

July 19, 2013
Marilyn Odendahl
Although charged with only one duty, the Commission on Courts has added the controversial topic of bail bonds to its summer study agenda.
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ACLU of Indiana to look at civic literacy at August event

July 19, 2013
IL Staff
The August edition of the ACLU’s First Wednesdays program will ask if democracy can survive given the current state of civic literacy in the United States.
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Judges formalize reaffirmation of City-County Building firearms ban

July 19, 2013
Dave Stafford
Marion County judges on Friday formally reaffirmed a 2007 policy banning firearms from the City-County Building. Law-enforcement personnel and judicial officers are exempt from the prohibition.
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Search of man, car that led to drug arrest constitutional, COA rules

July 18, 2013
Jennifer Nelson
The Indiana Court of Appeals concluded Thursday that the search of the man who supplied cocaine to buyers as well as the search of his car did not violate state and federal constitutions.
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Inmate loses negligence suit on appeal

July 18, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment for the Adams County sheriff, finding an inmate was unable to make a prima facie case for negligence. The inmate sued after contracting a methicillin-resistant staphylococcus aureus – or MRSA – infection after visiting the hospital.
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Expungement forum set for Saturday in Gary

July 18, 2013
IL Staff
Attorneys will present information and answer questions about Indiana’s new expungement law at a forum Saturday in Gary.
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COA rules company not entitled to surplus funds under agreement

July 18, 2013
Jennifer Nelson
An Owen Circuit judge erred by granting a Colorado company’s petition to claim surplus funds from the tax sale of property belonging to Ora and Leafie Chambers, the Court of Appeals ruled Thursday. The couple signed an agreement that transferred their right of the surplus funds from the sale of their property to Asset Recovery Inc.
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Grants available for CHINS, termination of parental rights projects

July 18, 2013
IL Staff
The Indiana Court Improvement Program is accepting applications for projects that are designed to improve the safety and permanency of children and families involved in children in need of services and/or termination of parental rights proceedings.
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COA finds no error in Class A felony attempted robbery conviction

July 18, 2013
Jennifer Nelson
After determining it had jurisdiction over a defendant’s appeal, the Indiana Court of Appeals affirmed his conviction of Class A felony attempted robbery instead of a lesser-included offense.
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Justices: Order giving grandmother visitation rights is void

July 18, 2013
Jennifer Nelson
Because a grandmother did not have standing under the terms of Indiana’s Grandparent Visitation Statute to pursue visitation, the Indiana Supreme Court affirmed the trial court’s finding that an original order granting visitation is void. The woman wanted to see her two grandchildren whose mother was murdered by the grandmother’s son.
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Sudden death of Indianapolis attorney saddens legal community

July 17, 2013
Marilyn Odendahl
The Indianapolis legal community is in mourning after learning of the sudden death Tuesday night of attorney Joe Russell.
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Question remains as to whether son is ‘child’ under Wrongful Death Statute

July 17, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of the defendants on two parents’ claims under the Child Wrongful Death Statute regarding their 21-year-old son who died in a car accident. The appellate court found a genuine issue of material fact as to whether the informal apprenticeship the son was participating in at the time of his death would be considered a vocational program under the CWDS.
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Prisoner adequately stated First Amendment claim against DOC employees

July 17, 2013
Jennifer Nelson
The Indiana Court of Appeals quickly affirmed the dismissal of most of a prisoner’s claims regarding violations under Indiana statute or the state and federal constitutions, but found her First Amendment retaliation claims against several Department of Correction employees should not have been dismissed by the trial court.
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COA affirms dissolution of corporation embroiled in family dispute

July 17, 2013
Jennifer Nelson
A company owned by two brothers – one disabled and one terminally ill – was properly dissolved by the trial court over the disabled brother’s objections, the Indiana Court of Appeals held.
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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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