Legal News
COA: Social worker able to testify as expert witness
May 30, 2013
Jennifer NelsonA social worker who testified about a parenting assessment at a termination of parental rights hearing was properly allowed
to testify as an expert witness, the Indiana Court of Appeals ruled, because the Indiana Rules of Evidence control. The judges
affirmed the termination of a mother’s parental rights to her two young sons.
MoreEphedrine database allowable under business record hearsay exception
May 30, 2013
Jennifer NelsonThe Indiana Court of Appeals held Thursday that a National Precursor Log Exchange report documenting the purchases of ephedrine
and pseudoephedrine by a defendant are allowed into evidence under the business record exception to the hearsay rule.
MoreAromatherapy distributors challenge new 'look-alike' synthetic drug law
May 30, 2013
Jennifer NelsonFour companies that sell novelty items, aromatherapy products and other items have filed a lawsuit against Indiana’s
prosecutors, alleging a newly enacted law that makes it illegal to possess or deal “look-alike” synthetic drugs
is unconstitutional.
MoreInsufficient notice voids tax deed
May 30, 2013
Jennifer NelsonThe Indiana Court of Appeals found a Carroll County man should be allowed to make a redemption payment to obtain five parcels
of real estate owned by his mother that were put in a tax sale. The failure to comply with the statutes governing tax sales
and redemption rendered void a tax deed on the properties assigned to someone else.
MoreMan ineligible to bring belated appeal
May 30, 2013
Jennifer NelsonBecause his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from
challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his
sentence under Ind. Post-Conviction Rule 2.
MoreFirst Merchants Bank accused of overdraft fee violations
May 29, 2013
Chris O'MalleyA lawsuit alleges that Muncie-based First Merchants Bank manipulated the timing of customers’ transactions to cause
their checking accounts to bounce more frequently, generating millions of dollars in overdraft fees.
MoreCOA addresses first impression issue regarding education under civil rights law
May 29, 2013
Jennifer NelsonThe Indiana Court of Appeals – with one judge reluctantly doing so – affirmed a decision by an administrative
law judge that found a religious organization unlawfully retaliated against a family by expelling them from the homeschooling
group. The expulsion occurred after the family sought a dietary accommodation for their teenage daughter at a social event
and later filed a complaint with the Indiana Civil Rights Commission.
MoreFederal judge keeps alive Rock case vs. NCAA
May 29, 2013
Dave StaffordA federal judge has left the door open for a former Division I college football quarterback to pursue his claim that the NCAA
constitutes an illegal college sports monopoly, allowing him to amend a complaint that had been dismissed.
MoreJudges rule cop won't have new trial on murder, arson charges
May 29, 2013
Jennifer NelsonAn Evansville police officer who killed his mistress more than 20 years ago wasn’t able to convince the Indiana Court
of Appeals Wednesday that he is entitled to post-conviction relief.
MoreEx-wife not required to pay attorney fees under FDCPA
May 29, 2013
Jennifer NelsonA woman does not have to pay the attorney fees for her ex-husband after she sought more than $135,000 in owed child support
after he failed to pay for 16 years, the Indiana Court of Appeals ruled. The trial court ordered her to pay the fees under
the Fair Debt Collection Practices Act.
MoreAgainst court orders, Conour auctioned art for $10k
May 28, 2013
Dave StaffordFormer personal injury attorney William Conour claims his ex-wife is in possession of most of the items the government says
are missing from his Carmel home, but he acknowledged auctioning sculptures for $10,000 in an apparent violation of bond conditions
in his federal wire fraud case.
MoreDLGF ordered to decide whether loan determination is unconstitutional
May 28, 2013
Jennifer NelsonThe Indiana Tax Court Friday sent a case back to the Department of Local Government Finance for it to take another look at
its approval of a $400,000 loan for a fire truck to be paid entirely by residents of a Morgan County township. Some residents
argued that because the truck would be used by other townships, it’s unconstitutional to order them to be solely responsible
for the loan.
MoreUS Supreme Court declines to take Indiana Planned Parenthood cases
May 28, 2013
Jennifer NelsonThe Supreme Court of the United States on Monday denied certiorari to two cases stemming from an Indiana law disqualifying
a health care provider in participating in a government program because it provides abortion care.
MoreComplex wrongful-death legal fee appeal puzzles judges
May 28, 2013
Dave StaffordJudges on a panel of the Indiana Court of Appeals were stumped at times Friday in a case regarding legal fees due from the
Indiana Patient’s Compensation Fund to the estate of a woman who won a wrongful death judgment after she died from burns
at a care facility.
MorePrior knowledge of criminal history allows FSSA to disqualify employment
May 24, 2013
Jennifer NelsonThe Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis
can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access
Act.
MoreAppeals court affirms terminating mother’s parental rights
May 24, 2013
Jennifer NelsonA mother who was close to reunification with her three children, deemed children in need of services, until she battered her
fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.
MoreOfficer had probable cause to believe defendant drove while drunk
May 24, 2013
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a man’s petition for judicial review involving his refusal to take
a chemical test for intoxication. The judges found the evidence supported that the officer had probable cause that Paul Hassfurther
drove his truck while intoxicated and that he knowingly refused to take the chemical test.
MoreCOA: Mother should have challenged income evidence at trial
May 24, 2013
Jennifer NelsonA mother who claimed that the record doesn’t support her actual or current income after her ex-husband was granted sole
custody of her children should have brought up her concerns at trial, not on appeal, the Indiana Court of Appeals ruled Friday.
MoreCourt affirms giving father custody after mother denies parenting time
May 24, 2013
Jennifer NelsonA LaPorte County mother’s decision to cut off parenting time of her three children with their father supports the trial
court’s order that the father have sole legal and physical custody of the children, the Indiana Court of Appeals ruled.
MoreState seeks contempt against East Chicago casino group
May 23, 2013
IL StaffPrincipals of a politically connected East Chicago group that received $16 million in casino revenue intended to benefit the
city should be held in contempt if they continue to fail to disclose what happened to the money, the state argued in court
Thursday.
MoreLegislative Council approves interim committees but concedes number becoming unwieldy
May 23, 2013
Marilyn OdendahlWhile Indiana's Legislative Council passed by consent Thursday the resolution creating 18 commissions and interim study committees,
leaders in the Indiana House of Representatives voiced concerns over the growing number of summer study committees and unwieldy
list of topics to review.
MoreConvicted ex-coroner hits Brizzi with legal malpractice suit
May 23, 2013
Dave StaffordFormer Hancock County coroner Tamara Vangundy paid for negligent legal advice on her plea deal in a drunken-driving and official-misconduct
case that ended her career as an elected official, she alleges in a legal malpractice claim filed against former Marion County
Prosecutor Carl Brizzi.
More7th Circuit orders Indiana case sent back to Ohio
May 23, 2013
Jennifer NelsonA federal judge in the Southern District of Indiana erred when she determined that a claims adjuster from Ohio was fraudulently
joined to a case that was transferred out of federal court in Ohio to Indiana, the 7th Circuit Court of Appeals ruled. The
case also presented two issues of first impression for the Circuit.
MoreCourt rules in favor of insurer in environmental cleanup dispute
May 23, 2013
Jennifer NelsonA release executed between a chemical manufacturing business and its insurer that relieved the insurer from claims or demands
related to remediation was unambiguous and covered all policies held by the company, not just the primary liability ones,
the Indiana Court of Appeals ruled.
MoreCommittee begins search for new dean of Valparaiso Law School
May 23, 2013
IL StaffThe process of finding a new dean for the Valparaiso Law School has begun. Law professor Rosalie Levinson is chairing the
search committee, and the national executive search firm Witt/Kieffer has been retained to assist.
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Interesting that the new laws in criminal code all involve voter fraud
I'm getting divorced and we have prenuptial and judge said it stands even though he made me sign it 2 days before wedding then I be c ame ill and left with nothing butbills
No irony here, John. Conour’s clients are wise to him. Evidently you’ve missed discovery that disclosed Conour was aware he was caught with his hand in the cookie jar, actually many cookie jars, but continued to spend any monies he secured on himself and his lifestyle. Your theory is idealistic and assumes Conour has the soul of a good attorney and therefore he would take care of his clients. Conour has no soul. He greedily took awarded settlements from his disabled clients and spent it on his own edacious desires. You are naïve to think if he kept working he would put his fees into a restitution fund. He is who he is and has proven he will use any means to cheat and manipulate those who trust him and the judicial system that is supposed to protect them. Sorry John, you don’t send the fox back into the hen house after he’s caught devouring the hens. Conour can’t be trusted. He has no more honor than that fox.
The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution