Legal News

COA revises neglect of dependent conviction stemming from boy’s death

November 21, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s murder conviction following the death of his girlfriend’s son after he seriously injured the boy while punishing him. But the court reversed his Class B felony neglect of a dependent conviction based on double jeopardy concerns.
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Felony enhancement reversed because woman did not directly cause officer’s injury

November 21, 2014
Jennifer Nelson
The Indiana Court of Appeals on Friday reached a conclusion opposite from one reached by a previous panel of the court when the judges held a woman who was resisting arrest did not cause the officer’s injuries. The officer hurt his hand when he fell forcing the defendant to the ground.
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IU McKinney creates 2 new partnerships

November 21, 2014
Marilyn Odendahl
Indiana University Robert H. McKinney School of Law has announced another partnership to identify top undergraduates who want to pursue a legal education at the Indianapolis law school.
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COA: Man entitled to have attorney present at small claim hearing

November 21, 2014
Jennifer Nelson
Finding that a businessman who was confused as to whether he needed his attorney to appear in a small claims case was denied the basic right of representation, the Indiana Court of Appeals reversed the denial of his motion for a continuance.
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Judges reverse probation revocation due to inadmissible evidence

November 21, 2014
Jennifer Nelson
Because a man’s probation was revoked based on unsubstantiated evidence, the Indiana Court of Appeals reversed the revocation Friday.
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Supreme Court ends JTAC, takes direct oversight of technology projects

November 20, 2014
Jennifer Nelson
Fifteen years after it was established by the Indiana Supreme Court, the justices have decided to retire the Judicial Technology and Automation Committee. The decision was in one of three orders handed down by the court Thursday.
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Judge rules man on death row not competent to be executed

November 20, 2014
Jennifer Nelson
A special judge in Johnson County has ruled that Michael Dean Overstreet is not currently competent to be executed.
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Judges: Cop shouldn’t have asked driver for license

November 20, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a man’s motion to suppress evidence collected during an investigatory traffic stop. The judges held that once the police officer knew the owner of the vehicle – who had a suspended license – was not driving, the investigation should have ended.
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Court reverses adjustment to fire protection territory’s general fund levy

November 20, 2014
Jennifer Nelson
Citing a lack of sufficient factual findings and a public law’s unconstitutionality, the Indiana Tax Court on Wednesday reversed the adjustment made by the Department of Local Government Finance to the Greenfield Fire Protection Territory’s general fund levy for the 2012 budget year.
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Fort Wayne attorney elected to Judicial Nominating Commission

November 20, 2014
IL Staff
John O. Feighner, of Fort Wayne, has been elected to serve as the Indiana Judicial Nominating Commission district three representative. He will replace John Ulmer, whose term expires at the end of the year.
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Palladium contractors to pay $5.3M to settle suit

November 20, 2014
Andrea Muirragui Davis, IBJ Staff
The Carmel Redevelopment Commission is headed for a $5.3 million payday after agreeing to settle a lawsuit over defects found in the structural steel web supporting the Palladium’s distinctive domed roof.
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State seeks greater damages from township embezzler

November 19, 2014
Dave Stafford
The former Marion County Center Township accountant who pleaded guilty to embezzling more than $340,000 also should pay the cost of investigating his wrongdoing, the Indiana State Board of Accounts says.
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Judges reverse drug charges based on constitutional violation

November 19, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed drug charges against two Bloomington men after finding the police detective’s actions unreasonable. The detectives entered the men’s property while looking for another person despite clear signs of "no trespassing."
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Split COA orders trial for woman injured measuring countertop

November 19, 2014
Jennifer Nelson
A divided Indiana Court of Appeals on Wednesday concluded summary judgment was not proper for a home improvement business on a woman’s negligence claim. The customer was injured when a granite countertop propped up outside of the business fell on her foot while she was measuring it.
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Federal judge approves settlement in Marion County campaign literature case

November 19, 2014
Jennifer Nelson
A federal judge on Monday approved a settlement between the Marion County Election Board and the unslated candidate from whom it confiscated campaign materials in 2012.
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Settlement pending in multimillion-dollar Palladium litigation

November 19, 2014
Andrea Muirragui Davis, IBJ Staff
The defendants in a multimillion-dollar legal dispute over construction defects at Carmel’s tony Palladium concert hall have agreed to settle the dispute, court records show.
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Councilors to get peek at justice center plans

November 19, 2014
Kathleen McLaughlin, IBJ Staff
Some city-county councilors might get early access to information about a new criminal justice complex, but they have to agree to keep it under wraps.
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Adoption case presents issues of first impression

November 19, 2014
Dave Stafford
Adoption laws are evolving, as evidenced by a case before the Indiana Supreme Court and a separate push for a pre-birth abandonment bill aimed at biological fathers who don’t support their baby’s mother during pregnancy.
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Indiana law schools part of a trend to establish exchanges with China

November 19, 2014
Marilyn Odendahl
In addition to the scholarly research and visiting professorships, student exchanges between China and three Indiana law schools – IU McKinney, IU Maurer and Notre Dame Law School – give students in both countries the opportunity to learn about the law of another country as well as its culture and history.
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Globalization increases demand for foreign experience

November 19, 2014
Marilyn Odendahl
Exchange programs with law schools in China are providing valuable experience to students who want to build careers in international or corporate law, attorneys say.
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SCOTUS hears case of fisherman caught in Sarbanes-Oxley net

November 19, 2014
Marilyn Odendahl
A dispute involving six-dozen undersized fish has a group of legal scholars arguing the federal government’s tendency to broadly interpret the criminal code runs the risk of making everyone guilty of an illegal act.
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Attorney faces meth charges in 2 counties

November 19, 2014
Dave Stafford
The Indiana Supreme Court Disciplinary Commission seeks an emergency suspension of a Corydon lawyer’s license to practice.
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7th Circuit reverses summary judgment in prison attack lawsuit

November 18, 2014
Marilyn Odendahl
Repeatedly drawing attention to the heavily redacted record and scant information about procedures, the 7th Circuit Court of Appeals tossed out a summary judgment granted to the government in a lawsuit stemming from a prison yard attack.
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Failure to object to judge in termination case waives argument on appeal

November 18, 2014
Dave Stafford
A father whose parental rights were terminated by the same judge who presided when he was convicted of child molesting and neglect raised the issue on appeal for the first time, therefore waiving the objection, the Indiana Court of Appeals ruled Tuesday.
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IU McKinney postpones lecture

November 18, 2014
IL Staff
Indiana University Robert H. McKinney School of Law has postponed the third annual Birch Bayh Lecture that had been scheduled for Thursday at the law school.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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