Legal News

Recorded conversation, conviction are admissible evidence, COA holds

May 12, 2016
Scott Roberts
An audiotape of phone conversations between a suspect and the victim’s mother while he was in jail and a testimony from the victim’s mother that she was convicted of assisting a criminal were admissible evidence in a child abuse case, the Indiana Court of Appeals ruled.
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COA upholds denial of post-conviction relief petition

May 12, 2016
Scott Roberts
The Indiana Court of Appeals upheld the denial of a man’s post-conviction relief petition after it found any ineffectiveness of counsel the man received did not affect the outcome of his case in his decision to plead guilty to Class A felony neglect of a dependent.
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COA: Stop violated 4th Amendment

May 12, 2016
Scott Roberts
A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.
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Senate Judiciary hearing set for District Court nominee Ong

May 12, 2016
Dave Stafford
President Barack Obama’s nominee to fill a vacancy on the U.S. Court for the Southern District of Indiana will get a hearing at 10 a.m. Wednesday before the Senate Committee on the Judiciary in Washington.
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Feds reach $15M deal in suit over failed Indiana bank

May 12, 2016
IBJ Staff
The Federal Deposit Insurance Corp., which sued three former Irwin Union Bank officers in 2013, has reached a $15 million settlement with those defendants.
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Rucker likely to leave Supreme Court in 2017

May 12, 2016
Dave Stafford
The senior justice on the Indiana Supreme Court expects to step down sometime in 2017, which would complete a total turnover of the bench that began in 2010.
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Bicentennial class takes oath to become lawyers

May 11, 2016
Jennifer Nelson
On Wednesday, 133 recent law school graduates gathered with their friends, family and members of the judiciary to take the oaths to practice in Indiana.
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Court orders more proceedings on waiver moves

May 11, 2016
Scott Roberts
The 7th Circuit Court of Appeals reversed summary judgment for state defendants in a lawsuit brought by Medicaid patients who claimed their move to a new waiver with a cap on expenses violates the Americans with Disabilities Act. The court said the way the patients spent their expenses constitutes an issue of material fact, and they may have been able to receive more services had they spent their money differently.
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City of Indianapolis settles wrongful imprisonment lawsuit

May 11, 2016
 Associated Press
Court records show that the city of Indianapolis has settled a lawsuit for $99,000 that was filed by a man who claims police used false evidence to imprison him.
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Wal-Mart sues Visa over chip-enabled debit cards

May 11, 2016
 Associated Press
Wal-Mart Stores Inc. has sued Visa Inc., charging that the payment network is not allowing the retail giant to let customers verify chip-enabled debit card transactions with what it believes is a more secure method: personal identification numbers.
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COA: Child’s name can be changed

May 11, 2016
Scott Roberts
A father can change the last name of a child to his despite the protests of the mother, the Indiana Court of Appeals ruled Wednesday.
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Arresting officer in Freddie Gray case chooses bench trial

May 10, 2016
 Associated Press
A police officer charged in the Freddie Gray case chose Tuesday to stand trial before a judge rather than a jury, eliminating a potential wild card in the divisive and emotionally charged case.
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COA upholds charges in robbery, assault case

May 10, 2016
The Indiana Court of Appeals upheld a man’s robbery, intimidation, rape, sexual assault and other convictions stemming from an October 2013 break-in after it found his convictions did not violate the single larceny and continuous crime doctrines.
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Oracle and Google to replay World Series of copyright trials

May 10, 2016
 Bloomberg News
Oracle Corp. and Google are stepping before a jury a second time with potentially $9.3 billion on the line, and the prospect of profoundly changing how software is protected and licensed.
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US sues North Carolina over transgender bathroom law

May 10, 2016
 Associated Press
A potentially epic clash over transgender rights took shape Monday when the U.S. Justice Department sued North Carolina over the state's bathroom law after the governor refused to back down.
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State seeks new judge after surprise ruling in IBM case

May 10, 2016
Dave Stafford
Lawyers representing the state in its ongoing lawsuit against IBM over a canceled $1.3 billion welfare privatization contract have asked for a new judge in the case and moved to void his latest ruling that said the state wasn’t entitled to damages for breach of contract.
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Whitestown wins annexation lawsuit for part of Perry Township

May 10, 2016
Lindsey Erdody, IBJ Staff
A ruling from the Indiana Court of Appeals will allow part of unincorporated Perry Township to be absorbed into Whitestown after the Indiana Supreme Court declined to hear the case.
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Pence appoints Slaughter to replace Dickson on Supreme Court

May 9, 2016
Gov. Mike Pence Monday named Taft Stettinius & Hollister LLP partner Geoffrey Slaughter to the Indiana Supreme Court. The veteran litigator will replace Justice Brent Dickson who retired from the court April 29.
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Civil trial over Colorado theater shooting security begins

May 9, 2016
 Associated Press
Nine months after the Colorado theater shooter was sentenced to life in prison, some victims returned to the same courtroom Monday in hopes of holding the company that owns the suburban Denver movie theater accountable for not doing more to prevent his bloody rampage.
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Company must sign collective bargaining agreement

May 9, 2016
Scott Roberts
The 7th Circuit Court of Appeals enforced a decision from the National Labor Relations Board that Merrillville's Polycon Industries must abide by a collective bargaining agreement it made with a Teamsters union after it had agreed to the terms.
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Pence picks Taft attorney as next Supreme Court justice

May 9, 2016
IL Staff
Gov. Mike Pence has selected Taft Stettinius & Hollister LLP partner Geoffrey Slaughter as Indiana's 109th justice. Pence made the announcement at 1 p.m. Monday from his office in the Statehouse.
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Judge awards ex-Lilly manager $500,000 after lawsuit

May 9, 2016
John Russell, IBJ Staff
A federal judge has awarded more than $500,000 to a former manager at Indianapolis-based Eli Lilly and Co. who quit for health reasons and was later dropped from the company’s extended disability plan.
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Supreme Court grants transfer to insurance case

May 9, 2016
Scott Roberts
The Indiana Supreme Court accepted one case out of the 24 cases up for transfer last week, a case involving a lawsuit seeking underinsured motorist coverage.
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Judge may decide to delay trial in IU student's death

May 9, 2016
 Associated Press
A judge may decide this week whether to delay the trial of a Bloomington man accused of killing an Indiana University student.
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Appellate pleadings and motions going online pushed to July 1

May 9, 2016
Scott Roberts
In its third meeting, the Advisory Task Force on Remote Access to and Privacy of Electronic Court Records shifted discussion to what types of trial court cases should be made available online at mycase.in.gov and any potential issues in doing so.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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