Legal News

7th Circuit affirms deferral on sentencing request

February 9, 2017
Olivia Covington
An Indiana federal judge appropriately deferred judgment on a convicted child molester’s request for concurrent state and federal sentences because the state court was presented with additional facts that were relevant to sentencing, the 7th Circuit Court of Appeals decided Wednesday.
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Man gets life for fatally shooting Indiana police officer

February 9, 2017
 Associated Press
A judge sentenced a man to life in prison without parole Wednesday for fatally shooting an Indiana police officer sitting in his patrol car.
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Judge affirms dead candidate winner in Allen County election

February 8, 2017
Jennifer Nelson
An Allen Superior judge decided Wednesday that the Republican candidate for an at-large seat on the Allen County Council who died four days before the General Election was properly left on the ballot and certified as a winner. The judge noted that Indiana Code doesn’t specifically address this unique situation.
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Man serving 2 life terms gets 50 years more in murder plot

February 8, 2017
 Associated Press
A man serving two life sentences for causing a massive Indianapolis house explosion has had 50 years added to his prison time for trying to have a witness killed.
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Justices hold mayor lacked authority to fire utilities superintendent

February 8, 2017
Olivia Covington
A divided Indiana Supreme Court held Wednesday that a mayor did not have statutory authority to terminate his city’s utilities superintendent, writing in an opinion that “may well offend sound public policy” that only the utilities board can terminate the superintendent with cause, notice and a hearing.
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COA affirms convictions of man involved in fatal police chase

February 8, 2017
Olivia Covington
The Indiana Court of Appeals upheld a man’s various drug, handgun and resisting law enforcement convictions Wednesday after holding that the man was aware of the contraband in his vehicle and that his operation of the vehicle resulted in a passenger’s death.
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Lateral hiring up

February 8, 2017
Marilyn Odendahl
The pace of attorneys jumping from one firm to another is expected to continue this year.
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Jury still out if Marion County courts will go to new jail location

February 8, 2017
Dave Stafford
The Indianapolis judges will decide by May 1 if their future venue will be at new justice center a few miles outside of downtown.
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Hoosier attorneys travel to Rwanda on legal mission trip

February 8, 2017
Olivia Covington
A group of Indianapolis attorneys, determined to provide support to their African counterparts, traveled to Rwanda in late January to get a firsthand look at what it means to be an attorney in a country filled with blatant corruption and intentional oppression.
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State immigration lawyers say clients fearful amid Trump orders

February 8, 2017
IL Staff
Indiana immigration attorneys and their clients face uncertainty after President Donald Trump issued executive orders in his first week banning travel from seven Muslim-majority nations, suspending refugee resettlement programs and stepping up domestic enforcement.
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COA considers new allegations in medical malpractice cases

February 8, 2017
Olivia Covington
Can parties present evidence or theories at trial that were not presented to the medical review panel?
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Birth certificate battle moves to 7th Circuit

February 8, 2017
Marilyn Odendahl
The new Indiana administration does not want to recognize non-birth mothers as parents.
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Asian attorneys less represented in Indianapolis than nationwide

February 8, 2017
Olivia Covington
In the post-recession economy, Asians were the only minority group to experience constant growth in partner and associate positions at large law firms each year, while black and Hispanic attorneys followed a roller coaster-like cycle of growth and decline. However, the situation is less promising for Asian attorneys in Indianapolis.
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Supreme Court reverses CHINS determination

February 7, 2017
Olivia Covington
The Indiana Supreme Court reversed a children in need of services determination Tuesday after agreeing to hear the parents’ case on the merits, despite their premature notices of appeal.
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Groth asks Supreme Court to order release of Pence emails

February 7, 2017
 Associated Press, IL Staff
An Indianapolis lawyer is asking the Indiana Supreme Court to order the release of emails sent to Vice President Mike Pence when he was governor.
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Indicted Indiana sheriff seeks removal of special prosecutor

February 7, 2017
 Associated Press
A northern Indiana sheriff's trial on bribery charges was postponed on the day it was to begin after his attorney questioned whether the special prosecutor should be removed from the case.
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COA affirms summary judgment against Celadon in class action

February 7, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed summary judgment against a prominent trucking company in a class-action lawsuit, holding that the terms of the company’s contract with its independent drivers require the company to deduct the cost of fuel from their compensation based only on the lowest discounted price.
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COA: Declaratory judgment, tort actions can arise from same occurrence

February 7, 2017
Olivia Covington
A declaratory judgment action can arise from the same occurrence as an underlying tort action for purposes of permissive joinder under Trial Rule 20, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a request to sever two tort counts from a count seeking declaratory judgment.
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Citizens United lawyer Bopp targets Texas campaign finance laws

February 7, 2017
 Associated Press
Political “dark money” and the founder of an organization tied to President Donald Trump’s accusations of voter fraud will be at the center of a Texas Supreme Court case Tuesday that could reshape campaign finance laws in the country's second-largest state.
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Reversal: ‘Odor of raw marijuana’ sufficient grounds for search

February 6, 2017
Dave Stafford
A police officer who said he detected “a strong odor of raw marijuana” coming from a car during a traffic stop had probable cause to search the driver, the Indiana Court of Appeals ruled in reversing a trial court.
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Tax court judge rejects request to compel further discovery

February 6, 2017
Olivia Covington
After previously allowing the deposition of the former commissioner of the Indiana Department of State Revenue, the Indiana Tax Court rejected the University of Phoenix’s requests to compel further discovery, writing that the additional discovery likely would not reveal admissible evidence.
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COA: Malpractice claim barred by statute of limitations

February 6, 2017
Olivia Covington
The Indiana Court of Appeals has rejected a woman’s malpractice claim after holding that the claim was barred by a two-year statute of limitations.
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Tax Court reverses educational property tax exemption

February 6, 2017
Olivia Covington
The Indiana Tax Court has reversed an educational property tax exemption for a Carmel day care after finding that the land’s owner failed to properly compare the total time the property was used for educational purposes against the total time the day care utilized the land.
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Cop denied murder rehearing to appeal to US Supreme Court

February 6, 2017
Marilyn Odendahl
The 7th Circuit Court of Appeals has reversed itself and vacated its order to rehear a case of an Indiana police officer convicted of murder and arson. Glenn Patrick Bradford's attorney said he will ask the Supreme Court of the United States to hear the appeal.
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Man convicted in officer's 1981 death set for prison release

February 6, 2017
 Associated Press
A man convicted of killing a Gary police officer in 1981 is about to walk free from an Indiana prison after twice having death sentences overturned.
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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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