Legal News
Store owner’s ‘Spice law’ prosecution may proceed, COA rules
May 6, 2013
Dave StaffordThe state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully
argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative
authority to the Board of Pharmacy.
MoreJackson County juvenile home to be renamed for judge
May 6, 2013
IL StaffThe Jackson County Juvenile Home will be renamed this week for a judge who was instrumental in its founding nearly 35 years
ago.
MoreJustices take Star appeal regarding naming of online commenter
May 6, 2013
Dave StaffordThe Indiana Supreme Court will decide whether the Indianapolis Star must reveal the identity of an online commenter
in a long-running defamation case filed by a former executive of a nonprofit organization.
MoreMore than half of Conour’s inventoried assets gone, feds say
May 3, 2013
Dave StaffordAbout half the property that federal agents inventoried after former personal injury attorney William Conour was charged with
wire fraud is missing from his home, and just 13 of 78 items at his former law office are still there, according to new government
filings in his federal criminal case.
MoreIndy 7th Circuit Conference to host Roberts, Kagan, Lugar
May 3, 2013
Dave StaffordUnited States Chief Justice John G. Roberts, U.S. Supreme Court Justice Elena Kagan and former Sen. Richard G. Lugar are featured
speakers at the 62nd Annual Meeting of the 7th Circuit Bar Association and Judicial Conference opening Sunday in Indianapolis.
MoreJustices will visit Lake County for arguments in drug case
May 3, 2013
IL StaffThe Indiana Supreme Court travels to Merrillville High School May 9 for oral arguments dealing with the admittance of drug
evidence after a vehicle search.
MoreDrug court road trip to make northern Indiana stops
May 3, 2013
IL StaffA national tour highlighting the successes of drug courts and other problem-solving courts will make stops at two northern
Indiana drug courts this month.
MoreClothing labels and security tags not considered hearsay evidence
May 2, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Thursday that clothing from the store H & M that bore the company name and security
tags attached to the clothing could be admitted at a woman’s trial for theft from the store on Black Friday.
MoreCOA: Successive Prosecution Statute not applicable to theft case
May 2, 2013
Jennifer NelsonA Howard Superior judge properly refused to dismiss theft charges against a man because, despite the defendant’s arguments
to the contrary, the Howard County charges were not previously prosecuted in Miami County.
MoreCourt seeks comment on reappointment of Magistrate Cosbey
May 2, 2013
IL StaffThe U.S. District Court in the Northern District of Indiana is now accepting comment on whether Magistrate Judge Roger Cosbey
should be reappointed when his term expires Jan 2, 2014.
MoreFebruary 2013 bar exam results released
May 2, 2013
IL StaffThe Board of Law Examiners has posted the names of the 195 successful bar exam applicants from the February 2013 exam. The BLE reports that 294 applicants sat for the bar.
Justices order new molestation trial after nurse’s statements admitted improperly
May 2, 2013
Jennifer NelsonRuling that statements two 6-year-olds made regarding alleged molestation to a nurse should not have been admitted under the
hearsay exception in Ind. Rule of Evidence 803(4), the Indiana Supreme Court reversed two child molesting convictions and
ordered a new trial.
MoreTrial set in Carmel's complaint on Palladium construction
May 1, 2013
Andrea Muirragui DavisMediation is scheduled for May 21 in a 2-year-old lawsuit the city of Carmel brought over defects discovered during construction
of its signature Palladium concert hall.
MoreMore franchisees join revolt over Steak n Shake menu pricing
May 1, 2013
Scott OlsonMore Steak n Shake franchisees are revolting over the company’s policy that prohibits restaurants in the chain from
setting their own menu prices.
MoreCommission on improving status of children established under new law
May 1, 2013
IL StaffGov. Mike Pence signed Senate Enrolled Act 125 Tuesday which creates a commission that will study issues and take actions
relating to children in Indiana.
MoreOfficer pleads not guilty to new drunken-driving charges
May 1, 2013
IL StaffDavid Bisard, the suspended Indianapolis Metropolitan Police Department officer who was charged Monday with misdemeanor drunken-driving
charges while on bail awaiting trial for his role in a fatal accident, pleaded not guilty in Marion County to the new charges.
More2013 Law Day focuses on equality
May 1, 2013
Jennifer NelsonLaw Day, celebrated May 1, is a day to mark the nation’s commitment to the rule of law. President Barack Obama has issued
his Law Day proclamation on this year’s theme, “Realizing the Dream: Equality of All.”
MoreState must seek EPA approval before reclassifying ethanol plants
April 30, 2013
Jennifer NelsonEven though the Environmental Protection Agency changed a rule to exclude ethanol plants from the category of chemical process
plants which would affect emissions permitting, Indiana had to seek approval from the federal agency before it could reclassify
the ethanol production facilities.
MoreTax court rules that evidence, not conclusory statements, needed to make prima facie case
April 30, 2013
Marilyn OdendahlA doubled property value will stand because the property owner did not offer any market-based evidence when challenging the
new assessed value, the Indiana Tax Court has ruled.
MoreEvidence does not support CHINS finding
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after
finding the parents have improved their living situation that led to their three other children being removed.
MoreJudges affirm dismissal of city’s counterclaim without prejudice
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase
property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation
of the property to be dismissed without prejudice.
MoreRight to Farm Act bars CAFO nuisance claim, appeals court rules
April 30, 2013
Dave StaffordA Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations
to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.
MoreSuspended attorney stripped of quiet title to foreclosed home he repaired
April 30, 2013
Dave StaffordA suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without
authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.
MoreCOA: No error in denying reckless homicide instruction
April 30, 2013
Jennifer NelsonThe evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a
lesser offense of murder, the Indiana Court of Appeals ruled.
MoreLawyers’ divorce battle divides COA on joint custody ruling
April 30, 2013
Dave StaffordA lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed
Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’
daughter.
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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
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.