Legal News

Judges affirm retroactive application of amendments to blood draw statute

April 13, 2011
Jennifer Nelson
Applying 2010 statutory amendments governing chemical tests for evidence of intoxication to a case of a man charged in 2009 with driving while intoxicated didn’t violate the prohibitions against ex post facto criminal sanctions, the Indiana Court of Appeals held Wednesday.
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Judges to hear sex-offender registration appeal in Franklin

April 13, 2011
IL Staff
A panel of judges from the Indiana Court of Appeals travels to Franklin Friday to hear arguments in the interlocutory appeal of a man who’s charged with not registering as a sex offender.
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Attorneys discuss pros and cons of practicing in 2 states

April 13, 2011
Rebecca Berfanger, Jenny Montgomery
Attorneys in Indiana know that they must meet certain ongoing requirements to maintain their law licenses: CLE hours, and staying abreast of procedural changes. Why, then, would anyone want to be licensed in two states?
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Lawmakers resume debate on issues impacting state courts

April 13, 2011
Michael Hoskins
Both federal and state lawmakers seem to be letting the clock tick down to the final seconds.
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Evansville Bar Association to celebrate 100th anniversary

April 13, 2011
Jenny Montgomery
The two-day celebration kicks off April 28 and will include a mock trial with area high school students.
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New advertising rules irk some lawyers

April 13, 2011
Michael Hoskins
Bloomington attorney Ken Nunn says he hasn’t been hurt by new attorney advertising rules put in place at the start of the year, but he’s hearing more disturbing stories from people who are feeling the effects.
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Comment time extended on state court rules

April 13, 2011
Michael Hoskins
The Hoosier legal community has more time to offer comment on a multitude of state court rules that are being examined for potential revision.
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Indiana courts take backseat on camera study

April 13, 2011
Michael Hoskins
As yet another study concerning cameras in the courtroom is about to begin, Indiana doesn’t appear to be anywhere closer to allowing cameras in its state or federal trial-level courtrooms.
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Justice-turned-mediator: ADR does work

April 13, 2011
Michael Hoskins
When he was on the bench, former Indiana Supreme Court Justice Ted Boehm read a lot about alternative dispute resolution, and now that he's off the bench, he can see firsthand that it truly does work.
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Mediation firm champions comfort

April 13, 2011
Jenny Montgomery
The Mediation Option's attorneys say the laid-back atmosphere in the office distinguishes them from other mediators in Indiana.
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Valpo law students help New Orleans defenders

April 13, 2011
Jenny Montgomery
Students from Valparaiso University School of Law worked with public defenders in New Orleans during their spring break.
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Judges disagree on whether landowners are 'aggrieved'

April 12, 2011
Michael Hoskins
Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
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Court addresses forgery statute on electronic credit card purchases

April 12, 2011
Michael Hoskins
Using someone else’s credit card and electronically signing that person’s name is considered “uttering” a written instrument under Indiana’s forgery statute, the state’s appellate court has ruled.
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Group to assess Indiana's civic engagement

April 12, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard and former Congressman Lee Hamilton are teaming up with the Indiana Bar Foundation and the National Conference on Citizenship to commission the analysis of civic engagement in Indiana.
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Kimbrough Bar Association to honor state's African-American judges

April 12, 2011
IL Staff
The James C. Kimbrough Bar Association will salute Indiana’s African-American members of the judiciary on April 21.
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State responsible for costs in relocating Medicaid patients

April 11, 2011
Jennifer Nelson
Indiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana Court of Appeals ruled Monday.
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Justices accept 4 cases

April 11, 2011
IL Staff
The Indiana Supreme Court has taken four cases, including one that deals with an insurance dispute over cleanup costs.
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Pilot project uses secure network for foreclosure settlement agreements

April 11, 2011
IL Staff
The Indiana Supreme Court announced Monday a new program that allows parties in mortgage foreclosure settlement cases to exchange financial documents over a secure online network.
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US Attorney fined for speeding

April 11, 2011
IL Staff
Joseph Hogsett, the U.S. Attorney for the Southern District of Indiana, received a ticket for speeding in Owen County. Hogsett was driving 10 miles over the posted speed limit on State Road 46 when he was stopped and cited for speeding.
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Government shutdown would have little impact on federal legal system

April 8, 2011
Michael Hoskins
Even if the U.S. Congress fails to pass a short-term budget measure and prevent a government shutdown before midnight Friday, the various arms of the Indiana federal legal community will remain operating mostly as usual – at least for the time being.
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COA: personal injury action should be allowed to proceed

April 8, 2011
Jennifer Nelson
The Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.
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DNA expert to discuss wrongful convictions

April 8, 2011
IL Staff
A forensic geneticist who has worked on the exonerations of seven people will visit Indiana University April 15 to give a public lecture on how DNA is used to free people who have been wrongfully convicted and how informatics is being misused to pervert justice.
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Judges divided on calculation of damages after negligence

April 7, 2011
Jennifer Nelson
The Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because the deceased man had at least a 50 percent chance of survival before the medical negligence.
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Exonerated death-row inmate to speak at Indiana University campuses

April 7, 2011
IL Staff
Randy Steidl, who was nearly executed for a crime he didn't commit and went on to become the public face of the abolition of the death penalty in Illinois, will tell his story during visits to Indiana University campuses in Bloomington and Indianapolis.
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Court tackles 'sexual activity' meaning in statute

April 7, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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