Legal News

Grandmother can't petition for visitation

September 1, 2011
Jennifer Nelson
A grandmother has lost her right to petition for visitation rights after her son’s parental rights were terminated, so the trial court was correct in dismissing her petition, the Indiana Court of Appeals held Thursday.
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Bankruptcy Court seeks comment on rule changes

September 1, 2011
IL Staff
The United States Bankruptcy Court for the Southern District of Indiana is now accepting comments on proposed amendments to its local rules.
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State preparing to pay maximum in stage collapse damages

August 31, 2011
Scott Olson
The state of Indiana is set to forgo costly and lengthy litigation and instead pay the maximum $5 million in damages allowed by law to victims of the Indiana State Fair concert stage collapse, Attorney General Greg Zoeller said Wednesday.
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Unrepresented litigants don't forfeit exemptions even if not pleaded

August 31, 2011
Jennifer Nelson
The Indiana Supreme Court has ruled in favor of a couple who were ordered in small claims court to pay $100 a month toward judgments and look for work each week. The couple’s only income is exempt under the general wage and the Social Security Income exemptions.
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Man's detainment by officer violated 4th Amendment

August 31, 2011
Jennifer Nelson
Conservation officers checking to see if a fisherman had a valid license did not have reasonable suspicion to detain the man and ask to see what was inside his bag after verifying his license, the Indiana Court of Appeals held.
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Attorney must pay credit card company

August 31, 2011
Jennifer Nelson
An Illinois attorney has lost his appeal in his fight against a credit card company seeking to collect money owed on a Discover card.
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Toxic dust exposure leads to litigation

August 31, 2011
Michael Hoskins
Indianapolis attorney Gabe Hawkins has already attended the funerals of three former clients, and he hopes that he won’t have to see a fourth before finally being able to say that the courtroom battle they’ve been waging for years has paid off.
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Can schools discipline for off-campus conduct?

August 31, 2011
Michael Hoskins
School is back in session, and a new set of court rulings issued during the summer break may make it more difficult for school administrators to decide how to handle inappropriate or potentially disruptive online activities carried out by students off-campus.
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Off the beaten path

August 31, 2011
Jenny Montgomery
Two thirsty cowboys descend from a winding forest trail and hitch their horses to a post. They saunter about 100 paces to the tavern to grab a beer, where a tattooed bartender is watching the only TV in town, and Patsy Cline’s voice drifts from the stereo. An elderly couple enjoys a post-lunch stroll in the garden, and in the distance, the high-pitched whine of a table saw means the handyman is hard at work, as usual. This is life in Story, a tiny patch of paradise that began as a logging town in 1850.
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Meth use linked to increase in CHINS

August 31, 2011
Jenny Montgomery
Leslie Dunn, Indiana state director for GAL/CASA, said the number of Child in Need of Services cases over time remains stable, but she’s seen some remarkable variations in cases per-county from year to year. In Vanderburgh County, for example, new CHINS cases jumped from 448 in 2008 to 818 in 2010. People who are watching these numbers with concern cite several possible reasons for these variations.
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Economic woes hitting state's public defense

August 31, 2011
Michael Hoskins
Years ago, those working in the Porter County Public Defender Office reported seeing a bright blue Post-it note tagged to their caseload reports that said, “HELP!” in huge hand-written print. That was a common occurrence at a time when the local public defender’s office faced a critical overload point because of skyrocketing caseloads and too few attorneys.
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Jefferson County celebrates reopening of courthouse

August 31, 2011
Jennifer Nelson
A fire in May 2009 displaced the courts and government offices. After more than two years, they were able to move back into the courthouse.
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Class-action lawsuit filed over stage collapse

August 31, 2011
Scott Olson
A class-action lawsuit filed by an Indianapolis law firm is the largest legal action to arise so far from the collapse of a concert stage at the Indiana State Fair.
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Foundation hosting golf fundraiser

August 31, 2011
IL Staff
Christ is my Big C, a charitable foundation started by attorney Stephenie Jocham to help cancer patients, is seeking sponsorships, foursomes, and silent auction items for an Oct. 17 golf tournament.
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Protecting pets in perpetuity

August 31, 2011
Jenny Montgomery
The non-profit American Pet Products Association estimates that this year, Americans will spend $50.84 billion on their pets – not surprising, considering the ever-increasing variety of treats, toys, and services for animals. But what happens to these pampered pets after their owners die? Are they consigned to a life of off-brand food? Forced to take up residence in a cramped kennel?
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Court tackles timeliness of trust distribution

August 31, 2011
Michael Hoskins
A recent Indiana Court of Appeals decision offers guidance to those working in trust and estate matters regarding how long a trustee should wait before turning to a probate court for guidance on distributing money to beneficiaries when a dispute exists over the amount that will be received.
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2011-2012 Civil Legal Aid Fund figures released

August 31, 2011
Jenny Montgomery
The Division of State Court Administration has released figures for 2011-2012, showing how the $1.5 million Civil Legal Aid Fund has been distributed among 11 qualifying agencies.
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Legal Aid Society to hold 70th birthday celebration

August 31, 2011
IL Staff
The Indianapolis Legal Aid Society has scheduled a celebration in honor of its 70th birthday on Sept. 16. The guest speaker is Bobby Knight, former Indiana University basketball coach.
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Appeals court sides with murder defendant in hearsay appeal

August 30, 2011
Jenny Montgomery
Citing hearsay rules, the Indiana Court of Appeals has affirmed a trial court’s finding that the state may not introduce into evidence statements that could implicate a man who is facing murder charges.
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COA: 6th Amendment not violated in juvenile murder case

August 30, 2011
Jenny Montgomery
The Indiana Court of Appeals has found that a juvenile court did not abuse its discretion in waiving a 15-year-old boy’s murder trial to adult court and that Indiana’s juvenile waiver statute does not violate the Sixth Amendment.
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Attorney general wants State Fair class action dismissed

August 30, 2011
IL Staff
The Office of the Indiana Attorney General filed a motion Monday in Marion Superior Court to dismiss a proposed class-action lawsuit filed as a result of the stage collapse at the Indiana State Fair.
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Indiana University to host 9/11 Commission members

August 30, 2011
IL Staff
Indiana University Maurer School of Law will host a talk by former U.S. Rep. Lee H. Hamilton, the past vice chairman of the National Commission on Terrorist Attacks on the United States, also known as the 9/11 Commission.
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7th Circuit affirms judgment for officers in diabetic man’s case

August 29, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of the City of East Chicago and police officers on an estate’s excessive force and other claims, finding the officers had reasonable suspicion that a diabetic man who was having a hypoglycemic episode was possibly intoxicated.
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COA: Aunt and uncle have no standing for visitation petition

August 29, 2011
Jennifer Nelson
Indiana statutes and caselaw do not allow for aunts or uncles of a child to petition for visitation, the Indiana Court of Appeals held Monday.
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Defense attorneys lose appeal for compensation

August 29, 2011
Michael Hoskins
Two private defense lawyers in Marion County failed to convince the Indiana Court of Appeals that they should be retroactively appointed by the Marion County Public Defender Agency and compensated for their legal work on a case that has an intricate maze of attorney representation over the course of five years.
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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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