Legal News

ISBA outstanding achievements recognized

October 9, 2013
At the Indiana State Bar Association’s Awards Luncheon, the ISBA recognizes individuals for their tireless efforts and outstanding achievements. See who was honored this year.
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Dean's Desk: Third year offers students opportunity to define, hone skills

October 9, 2013
Hannah Buxbaum
Our profession is in the midst of an important conversation about legal education – one that encompasses the costs of that education, the employment opportunities for entry-level lawyers, and the curriculum that law schools offer.
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Social media and Section 7 rights: employers under fire

October 9, 2013
Bose McKinney & Evans attorneys David Swider and Philip Zimmerly write about rights of employers in the age of social media.
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Editor's perspective: Police do it right in honoring officer killed in the line of duty

October 9, 2013
Kelly Lucas
On Sept. 26, I had a birds-eye view of the funeral procession honoring fallen Indianapolis Metropolitan Police Department Officer Rod Bradway. From IBJ Media’s second-story windows at the corner of Washington Street and Pennsylvania Avenue, my co-workers and I watched throughout the day as officers from jurisdictions throughout the state and Midwest arrived to show their support.
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‘Notre Dame 88’ lawyer cleared in discipline case

October 8, 2013
Dave Stafford
An attorney who argued that a judge’s bias warranted her recusal from a case involving pro-life students arrested for protesting the announcement of President Barack Obama’s appearance at the University of Notre Dame was cleared of disciplinary charges Tuesday.
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State, public schools sue federal government over Obamacare

October 8, 2013
IL Staff
Fifteen Indiana school districts and the state of Indiana have filed a lawsuit challenging the federal health care law and subsidies that are available to Hoosiers under rules set by the IRS.
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Trial court's suppression order binding to ethics commission

October 8, 2013
Marilyn Odendahl
After turning to the Indiana State Ethics Commission when a trial court ordered the evidence in a theft case suppressed, the state was reminded it “does not get a second bite at the apple.”   
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Walking down sidewalk while drunk does not meet new conditions for public intox, COA rules

October 8, 2013
Marilyn Odendahl
Four criteria added to the state’s public intoxication statute in 2012 presented the Indiana Court of Appeals with a question of first impression when it considered a man’s arrest for being drunk in a public place.
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Legal aid group, IndyBar, church to join for refugee Green Card effort

October 8, 2013
IL Staff
About 70 refugees from at least seven nations are expected to receive free legal help this weekend thanks to efforts of the Neighborhood Christian Legal Clinic, the Indianapolis Bar Association, Grace Community Church and other volunteers.
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COA reverses involuntary termination order for a second time

October 8, 2013
Marilyn Odendahl
The Indiana Court of Appeals sharply rebuked a trial court as having “committed clear error” by relying on old evidence and testimony in terminating a Vanderburgh County couple’s parental rights.
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Justices take appeal over who pays DCS record fee

October 7, 2013
Dave Stafford
A litigant whose award of $1,200 against the Department of Child Services for the cost of preparing an agency record was reversed by the Court of Appeals will have his case heard by the Indiana Supreme Court.
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Firm must defend deceased lawyer’s ‘inflammatory’ counterclaim

October 7, 2013
Dave Stafford
Litigation that has outlived an attorney who filed a counterclaim accusing a northwest Indiana construction company of racketeering, among other things, still could cost the late lawyer’s former firm.
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Suspect’s disheveled appearance, not GPS, led to drug discovery

October 7, 2013
Marilyn Odendahl
A suspect’s attempt to pull up his unbuckled and falling pants as he stepped from his car negated any taint on the evidence caused by local law enforcement placing a GPS on his vehicle.
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Appeals court tosses injunction tied to non-compete clause

October 7, 2013
Dave Stafford
Terms of a non-compete clause in an agreement between an IT recruiter and his former employer are unreasonable, the Indiana Court of Appeals ruled Monday in throwing out an injunction that barred the recruiter from similar employment.
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Dickson to urge service as Pro Bono Month kicks off

October 4, 2013
IL Staff
Indiana Chief Justice Brent Dickson will address the importance of charitable legal work as judges and lawyers around the state plan events coinciding with October’s Pro Bono Month.
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Cappas appointed Lake Superior judge

October 4, 2013
IL Staff
Longtime Highland criminal defense attorney Sam Cappas has been appointed judge in the Lake Superior Criminal Division.
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Holiday World widow does not have to sell shares, COA rules

October 3, 2013
Marilyn Odendahl

The widow and children of the late William Koch Jr., can keep their shares in the southern Indiana theme park, Holiday World and Splashin' Safari, after a ruling by the Indiana Court of Appeals concluded that William’s brother, Dan Koch, and Koch Development Corp. offered too little money for the shares.

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Appeals court partially reinstates colonoscopy malpractice claim

October 3, 2013
Dave Stafford
A northern Indiana court inappropriately granted summary judgment in favor of a doctor and medical practice defending a suit brought by a patient who claimed negligence after a colonoscopy, a divided panel of the Indiana Court of Appeals ruled.
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Habitual offender amendment after jury empaneled ruled error

October 3, 2013
Dave Stafford
A habitual offender enhancement for a man convicted of robbery cannot stand because the state amended the underlying charges after a jury was empaneled, the Indiana Court of Appeals ruled.
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Clarifications of statute still keep burden of proof on county assessor

October 3, 2013
Marilyn Odendahl
A county assessor’s attempt to shift the burden of proof onto a landowner in a dispute over a property assessment that increased more than 5 percent failed to convince the Indiana Tax Court.
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‘Living as if a spouse’ permits woman’s domestic battery conviction

October 3, 2013
Dave Stafford
A married woman convicted of domestic battery against a man with whom she was involved in an on-again, off-again romantic relationship couldn’t persuade an appeals court that it was a stretch to apply the criminal statute in her situation.
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Ex-college football players sue NCAA, helmet makers on concussion claims

October 3, 2013
IL Staff
Two former University of Washington football players are seeking class-action certification for brain-injury claims against the NCAA and helmet makers, including Riddell Inc.and All-Sports Corp.
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Annual survey finds fewer law school admissions and applications

October 2, 2013
Marilyn Odendahl
A majority of law schools across the United States are cutting their admissions for the second year in a row and a significant portion expect to continue the reduction in class size next year, according to the 2013 Kaplan Test Prep law school survey released Oct. 1.
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Legislature’s criminal law and courts committees continue interim studies

October 2, 2013
IL Staff
Indiana legislative study committees examining the criminal code and courts will hold separate hearings on Oct. 8 at the Indiana Statehouse.
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Justices to weigh civil court rulings in criminal wrongful death case

October 1, 2013
Dave Stafford
A Lake County civil case filed against a driver who hit a woman causing fatal injuries will go before the Indiana Supreme Court to determine whether the court’s preliminary motions delaying the case were proper.
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  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

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