Legal News

Civil case filing now all electronic in Northern District

February 3, 2014
IL Staff
Beginning Monday, all new civil cases filed by counsel will be filed electronically in CM/ECF, the U.S. District Court for the Northern District of Indiana has announced. Electronic filing will become mandatory as of Feb. 24. 
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Disability, religious-freedom claims clash at Indiana Supreme Court

February 3, 2014
Dave Stafford
An argument over dinner has taken on First Amendment religious-freedom and disability-protection dimensions before the Indiana Supreme Court.
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Marion County judges may tour other cities’ unified justice complexes

January 31, 2014
Dave Stafford
Marion Superior judges may soon visit cities having centralized justice centers to tour those facilities as Indianapolis and county officials move forward with plans for a Criminal Justice Complex.
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Indiana Legal Services’ case load likely to increase with additional federal dollars

January 31, 2014
Marilyn Odendahl
After watching its federal appropriation sink to $4.7 million during the economic downturn, Indiana Legal Services is set to receive a boost in funding for the 2014 calendar year.
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Survey says a majority of chief legal officers are happy with their jobs

January 31, 2014
IL Staff
A survey released Wednesday by the Association of Corporate Counsel found that 85 percent of chief legal officers are satisfied with their current role and level of responsibility within their companies, a four percent increase as compared to last year.
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Marion County Small Claims bill may be headed for study committee

January 31, 2014
IL Staff
Legislation that would require Marion County Small Claims judges to select among themselves an administrative judge to carry out the duties currently performed by the Marion Circuit judge passed the Senate Judiciary Committee Wednesday. The committee also is asking for a study committee to look at Small Claims court administration.
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Evidence doesn’t show couple knew of mold when selling home

January 31, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed rulings in favor of the sellers of a home which later was found to contain mold. The buyers sued, claiming the sellers knew of the mold at the time of the sale, but the judges found the evidence shows otherwise.
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Court affirms 86-year-old uncle could consent to search

January 31, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that his elderly uncle was a confused old man who was out of touch with reality and, therefore, unable to consent to a search of his home when police showed up looking to serve an arrest warrant. The search led to the arrest of the grandson on drug and weapons charges.
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Arguments rejected in juvenile molestation appeal

January 31, 2014
Dave Stafford
An 11-year-old boy adjudicated delinquent for acts that would be Class B and Class C felony child molesting if committed by an adult failed to persuade a Court of Appeals panel Friday that statutes as applied to him are unconstitutionally vague and the evidence didn’t support a true finding.
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7th Circuit vacates child porn supervised-release condition

January 31, 2014
Dave Stafford
The 7th Circuit Court of Appeals vacated a sentence for possession of child pornography Thursday that it ruled imposed an unconstitutionally vague condition of supervised release. The court affirmed, in the case, convictions of attempting to distribute heroin and illegal possession of a firearm.
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Justices fine Bloomington lawyer, suspend Indy attorney

January 30, 2014
IL Staff
The Indiana Supreme Court has fined a Monroe County attorney for practicing law while suspended. This week, the justices also suspended an Indianapolis attorney who pleaded guilty to felony wire fraud.
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Man will receive surplus on sheriff’s sale credit bid

January 30, 2014
Jennifer Nelson
The Indiana Court of Appeals awarded a Grant County man nearly $375 after finding a surplus was owed to him when his property sold at a sheriff’s sale for more than what was calculated by the trial court based on an agreed judgment between the man and the bank.
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Judges rule in favor of daughter in payment dispute with nursing facility

January 30, 2014
Jennifer Nelson
A woman who signed a move-in agreement at a skilled nursing facility as a “responsible party/agent” for her mother was able to prove to the Indiana Court of Appeals she should not be liable for money owed by her mother for care while at the facility.
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Sen. Long sends marriage amendment to rules committee

January 30, 2014
IL Staff
Indiana Senate President Pro Tem David Long announced Thursday morning that House Joint Resolution 3 – which seeks to amend Indiana’s Constitution to ban gay marriage – will be heard by the Rules and Legislative Procedure Committee.
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Divided court reverses teen’s intimidation adjudication

January 30, 2014
Jennifer Nelson
Split over whether a teen’s threats toward his grandfather were intended to place the man in fear of retaliation for a prior lawful act, two Indiana Court of Appeals judges reversed a teen’s delinquency adjudication for committing intimidation.
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IU professor honored by ABA for dispute resolution work

January 29, 2014
IL Staff
Indiana University School of Public and Environmental Affairs professor Lisa Blomgren Amsler will receive the American Bar Association Dispute Resolution Section’s Award for Outstanding Scholarly Work. Amsler is one of the nation’s foremost experts in the field of dispute resolution.
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Judges affirm denial of credit time for man on electronic monitoring

January 29, 2014
Jennifer Nelson
After evaluating the statutory provisions concerning sentencing, electronic monitoring and deferral programs, the Indiana Court of Appeals ruled it was within the trial court’s discretion to deny a man credit time toward his sentence for time he spent on electronic monitoring while participating in a drug court program.
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COA split over whether damages are punitive

January 29, 2014
Jennifer Nelson
The Indiana Court of Appeals released a divided opinion Wednesday on the issue of whether damages awarded under the Indiana Sales Representative Act are punitive in nature. The majority affirmed the trial court’s ruling that damages awarded under the Act would be subject to the evidentiary standard, limitation and diversion provisions of Indiana’s punitive damages statute.
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IU McKinney dean emeritus taking legal skills to the Olympics

January 29, 2014
Marilyn Odendahl
After receiving the unexpected invitation to help at the 2014 Olympic Winter Games, Gary Roberts said he did not think about it for more than a second before accepting.
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State drops charge against woman held 154 days for 2-day sentence

January 29, 2014
Dave Stafford
A Clark County woman improperly jailed more than 150 days was freed earlier this week when prosecutors discovered she was still being held after an order that she spend 48 hours in detention.
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Attorneys statewide mark MLK Day holiday by offering free legal help

January 29, 2014
Dave Stafford
Hundreds of Hoosiers received free legal help in January thanks to efforts of local and state bar groups that marked the Martin Luther King Jr. holiday by providing free legal assistance.
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Every defendant has a story

January 29, 2014
Marilyn Odendahl
After 11 grueling years on the high-profile Camm murder case, attorney Stacy Uliana believes justice was served.
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Right to equal access at center of federal lawsuit

January 29, 2014
Marilyn Odendahl
A courtroom spectator’s persistent requests to two trial courts for an interpreter raises questions of how accessible Indiana courts should be for people who have disabilities as well as how much control the state judiciary has over local judges.
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As money for justice declines, many don’t see potential cost

January 29, 2014
Dave Stafford
Persistent warnings about funding shortages for state and federal courts don’t appear to be registering with the public, a new poll concludes.
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COA finds attorney was not ineffective

January 28, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”
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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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