Legal News

Denial of expungement of child neglect case upheld by judges

April 15, 2015
Jennifer Nelson
A woman seeking to expunge a substantiated report of child neglect in order to keep her job as a cook at a child care provider did not meet the necessary statutory requirements to grant the expungement, the Indiana Court of Appeals affirmed Wednesday in a case of first impression.
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Man’s challenges to admonition waived because he did not object at trial

April 15, 2015
Jennifer Nelson
A man convicted of battering and strangling his daughter's boyfriend did not object to an admonition given to the jury over statements made during his testimony, so he waived appellate review of his arguments, the Court of Appeals held Wednesday.
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COA affirms Evansville police officer’s firing for grabbing teen’s crotch

April 15, 2015
Jennifer Nelson
A longtime Evansville police officer who was fired for rule violations after he grabbed a teen’s crotch at a school where the officer also worked as a security officer lost the appeal of his termination before the Indiana Court of Appeals Wednesday.
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New concussions deal with NCAA proposed

April 15, 2015
 Associated Press
Filings in U.S. District Court in Chicago late Tuesday night notified a federal judge that there was a new proposed settlement for a head injury lawsuit against the NCAA brought by football players and other college athletes.
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Court upholds sentence but orders judgment corrected

April 14, 2015
Jennifer Nelson
A man sentenced for rape and other crimes in 1989 sought to have his sentence corrected nearly 25 years later, but the Indiana Court of Appeals agreed with the lower court that the sentence imposed did not need revised.
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COA rules in favor of previous site owner in environmental contamination suit

April 14, 2015
Jennifer Nelson
A company seeking to recover environmental cleanup costs of a commercial real estate site from a previous owner who operated a film processing company failed to prove that the previous owner caused or contributed to the site's contamination, the Indiana Court of Appeals affirmed Tuesday.
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IU Maurer partners with 5 more schools for scholarships

April 14, 2015
IL Staff
Indiana University Maurer School of Law announced Tuesday that it has signed partnerships expanding its scholarship and mentoring program with five Midwestern colleges and universities, including DePauw University in Greencastle.
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COA: Company sought to prevent competition, not protect trade secret

April 14, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed the grant of a directed verdict in favor of the defendants in a lawsuit alleging they divulged confidential information and trade secrets after departing a computer systems company and began working for a competitor.
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Purdue spent $320K fighting discrimination lawsuits

April 14, 2015
 Associated Press
Purdue University spent more than $320,000 in legal fees battling state and federal lawsuits filed by the former chancellor of Indiana University-Purdue University Fort Wayne.
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COA agrees lawsuit may continue in Indiana under Journey’s Account Statute

April 13, 2015
Jennifer Nelson
Although a plaintiff in a lawsuit stemming from a car accident in Indiana used bad judgment when he filed the suit in federal court in Illinois, where he lives, there was no error by a Tippecanoe County court to allow the lawsuit to later proceed when filed there based on the Journey’s Account Statute, ruled the Court of Appeals.
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Law firms raise $39,000 for Lung Association

April 13, 2015
IL Staff
Indianapolis law firms smashed a fundraising goal of $35,000, raising more than $39,000 in the annual American Lung Association Fight for Air Climb Law Firm Challenge. Teams collected donations and climbed to the top of downtown Indy's Chase Tower.
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Evansville residency ordinance hearing to be broadcast

April 13, 2015
Jennifer Nelson
Indiana Chief Justice Loretta Rush has approved a Vanderburgh Superior judge’s request that an en banc hearing be held regarding an ordinance passed last year that says a person appointed to a board serving the city of Evansville must live in the city.
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Woman freed after wrongful conviction wants 2 suits combined

April 13, 2015
 Associated Press
A woman wrongfully convicted of setting a fire that killed her 3-year-old son wants her two lawsuits alleging that investigators framed her combined into a single case.
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Judge reduces convicted kidnapper's sentence; man to be freed

April 13, 2015
 Associated Press
A northwest Indiana judge has cleared the way for a man serving three life sentences on rape and kidnapping convictions to be freed after nearly four decades in prison.
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Theft conviction reversed based on lack of evidence

April 10, 2015
Jennifer Nelson
A man accused of stealing a rangefinder from a southern Indiana Rural King had his conviction reversed Friday by the Indiana Court of Appeals. The judges concluded there was insufficient evidence to support Jeremy Middleton’s conviction.
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Man’s affidavit entered after final order requires reversal of summary judgment

April 10, 2015
Jennifer Nelson
A trial court abused its discretion when it did not allow a set of parents to introduce the affidavit from their son, who allegedly suffered a brain injury from an attack, after he was able to remember the night of the incident. The affidavit was submitted shortly after a final judgment was entered in their lawsuit against the alleged attacker.
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COA revises sentence for molestation of stepson

April 10, 2015
Jennifer Nelson
The Indiana Court of Appeals found sufficient evidence as well as no errors by the trial court in affirming five molestation convictions of a man involving his stepson. But, the judges believed his nearly 100-year sentence needs revised.
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Tax Court puts certain ESPN records under seal

April 10, 2015
Jennifer Nelson
Because the records ESPN Productions Inc. seeks to keep from public disclosure in its appeal of taxes assessed against it contain trade secrets, the Indiana Tax Court on Thursday granted the company's request to put most of records at issue under seal.
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AIT, former execs rack up nearly $5M in legal costs

April 10, 2015
IBJ Staff, J.K. Wall
AIT Laboratories and its former executives have already incurred nearly $5 million defending themselves against charges by the U.S. Department of Labor that AIT founder Michael Evans sold the company to its employees at an inflated price.
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Reporter subpoenaed to testify, give notes in murder case

April 10, 2015
 Associated Press
A reporter for a northern Indiana newspaper has been subpoenaed to testify and turn over interview notes and recordings as part of story she wrote about a homicide investigation.
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Justice Center needs additional bid process for key offices

April 10, 2015
Dave Stafford
The proposed criminal justice center deal before the Indianapolis City-County Council will be just the first of at least two long-term, multi-million dollar contracts. A second contract to be presented to the council later is expected to increase total construction costs by $35 million to $54 million.
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Sotomayor says US Supreme Court gets politicized by others

April 10, 2015
 Associated Press
U.S. Supreme Court Justice Sonia Sotomayor says any sense that the court is political comes from outside groups, not the justices themselves.
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Change of venue denied for man charged in woman's death

April 10, 2015
 Associated Press
A southwestern Indiana judge has rejected a change of venue request for a man charged in the death of a pregnant Sullivan woman.
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Indiana school district will appeal teacher firing ruling

April 10, 2015
 Associated Press
A southern Indiana school district is appealing a federal court ruling that it violated a teacher's rights when he was fired in 2013.
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Judges divided over whether man can belatedly appeal infraction

April 9, 2015
Jennifer Nelson
The majority on the Indiana Court of Appeals concluded that a man challenging a traffic infraction could challenge it on belated appeal, but the dissenting judge believed broadening the post-conviction rules would put additional strain on limited judicial resources.
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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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