Legal News

Governor signs last of legislation

March 26, 2010
IL Staff
The 2010 session of the Indiana General Assembly wrapped up Thursday with Gov. Mitch Daniels signing the remaining legislation pending before him.
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Company not bound by defiant agent's actions

March 26, 2010
Jennifer Nelson
A trial court erred in finding that a company was bound by its insurance agency's acts even though the agency acted against the company's wishes, the Indiana Court of Appeals ruled today.
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Judge dissents in eviction case

March 25, 2010
Jennifer Nelson
There is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction or repossession of a private party, according to an Indiana Court of Appeals judge.
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COA: no error in admitting no contest plea

March 25, 2010
Jennifer Nelson
A plea of no contest can be admitted under Indiana Evidence Rule 803(8) as a public record proving the fact of a conviction, the Indiana Court of Appeals affirmed today. The appellate court found no error in admitting a defendant's nolo contendere plea to a Florida murder as proof he was convicted of an offense qualifying him as a serious violent felon.
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Tax return doesn't require attached appraisal

March 25, 2010
Jennifer Nelson
Indiana code doesn't require an estate to file an appraisal with its inheritance tax return, the Indiana Tax Court decided in two opinions handed down Wednesday.
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Justices: Search didn't violate 4th Amendment

March 24, 2010
Jennifer Nelson
A warrantless search of a probationer's property that is conducted reasonably and supported by a probation search term and reasonable suspicion of criminal activity, doesn't violate Fourth Amendment rights, the Indiana Supreme Court held today.
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COA: State didn't bring man to trial within 1 year

March 22, 2010
Jennifer NelsonMore

Justices vacate life sentence

March 22, 2010
Jennifer NelsonMore

Lawsuit to take bar exam dismissed, re-filed

March 19, 2010
Jennifer Nelson
The man who sued the Indiana Supreme Court and State Board of Law Examiners because he wants to take the bar exam without going to law school had his case dismissed in federal court this week due to failure to pay the filing fee. He then re-filed his suit Thursday, alleging the same claims.
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Democrat stalwart said to be U.S. attorney nominee

March 19, 2010
Scott Olson
The U.S. Attorney's Office in Southern District of Indiana has been without a presidentially appointed U.S. attorney for more than two years - an extraordinarily long stretch for a position that usually can be filled in half that time.
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Suit against traffic court sent back to state court

March 19, 2010
Jennifer Nelson
A lawsuit against the Marion Superior traffic court over fees has been moved back to state court.
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Supreme Court grants 3 transfers

March 18, 2010
Jennifer Nelson
The Indiana Supreme Court granted three transfers Wednesday, including a case of first impression on sentence enhancements.
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Appellate court upholds murder conviction

March 18, 2010
Jennifer Nelson
Although the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals concluded today.
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SCOTUS chief justice to speak at IU-Indy

March 17, 2010
IL Staff
The chief justice of the United States Supreme Court will deliver the ninth annual James P. White Lecture on Legal Education at Indiana University School of Law - Indianapolis.
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Man didn't timely file petition to reopen estates

March 17, 2010
Jennifer Nelson
A trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because he failed to timely file his petition, the Indiana Court of Appeals affirmed.
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Boy can't sue for lack of probable cause

March 17, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.
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New judge gets 60-day unpaid suspension

March 17, 2010
Jennifer Nelson
The Indiana Supreme Court has suspended LaPorte Superior Judge Jennifer L. Koethe for 60 days without pay, effective March 12.
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Legislature's final days bring up merit selection, out-of-state placement issuesRestricted Content

March 17, 2010
Michael Hoskins
Hoosier lawyers and judges were kept on the edge of their seats as the Indiana General Assembly navigated its final days of the session, reviving talk on two issues that have significant impact on the state's judiciary and legal system.
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German law student chooses Indianapolis firm for unique internshipRestricted Content

March 17, 2010
Michael Hoskins
During the early months of the year you might have found Andreas Wissman clerking at an Indianapolis firm, having dinner at a state appellate judge's home, observing a civil or criminal trial in federal court, or even paging at the Indiana Statehouse. But the well-versed 28-year-old law student isn't a permanent part of the Hoosier legal community.
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Re-entry program offers support, services to inmatesRestricted Content

March 17, 2010
Rebecca Berfanger
It's not a secret this is a tough economy. Add in a criminal record and time served, and that only complicates one's situation when looking for a job, housing, treatment, or other services.
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Ohio law firm acquires Indianapolis firmRestricted Content

March 17, 2010
Scott Olson
One of Indianapolis' oldest law practices has been absorbed by a Cleveland law firm.
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Agencies examine UPLRestricted Content

March 17, 2010
Michael Hoskins
Long before he became Greenwood's police chief, attorney Joe Pitcher recalls sitting as a special judge in town court and facing an Unauthorized Practice of Law case that may be one of few like it in Indiana.
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Mortgage company didn't act in good faith

March 16, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because it didn't act in good faith in providing a mortgage that was obtained by fraud.
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Couple not a 'successful party' in settlement

March 16, 2010
Jennifer Nelson
Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
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Legislature's end suspenseful for legal community

March 15, 2010
Michael Hoskins
As the Indiana General Assembly got down to its final hours in a short-session, significant changes for the Hoosier legal community were on the table to possibly increase the number of appellate judges, change how one county chooses its trial judges, and impact how juveniles can be placed outside the state.
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  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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