Legal News

Hamilton County clerk voluntary dismissed from same-sex marriage appeal

July 30, 2014
Marilyn Odendahl
One Indiana county clerk has withdrawn from the state’s fight to maintain its ban on same-sex marriage.
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Court affirms judgment for NIPSCO in easement dispute

July 30, 2014
Dave Stafford
A trial court was correct in awarding a northern Indiana utility company $245,858 for the cost of reconstructing power lines on a new easement after prior owners had mined sand on the prior easement, making servicing poles difficult.
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Court affirms denial of post-conviction relief

July 30, 2014
Dave Stafford
An Elkhart County man twice convicted and sentenced to 50 years in prison on drug convictions was not improperly denied post-conviction relief, the Indiana Court of Appeals ruled Wednesday.
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Denial of summary judgment affirmed in wrongful death case

July 30, 2014
Dave Stafford
A doctor and a South Bend healthcare facility must stand trial on a wrongful death claim, the Indiana Court of Appeals held Wednesday, affirming a trial court’s denial of summary judgment.
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Law firm sued over med-mal fees prevails on appeal

July 30, 2014
Dave Stafford
An Indianapolis law firm was properly granted summary judgment in a lawsuit brought by a former client in a medical malpractice lawsuit, the Indiana Court of Appeals ruled Wednesday.
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Soldiers get $92M in debt relief under settlement

July 30, 2014
 Associated Press
Thirteen states, including Indiana, have settled an investigation into improper lending with a court agreement that is expected to provide $92 million in debt relief for 17,800 U.S. military personnel.
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Same-sex couples tell 7th Circuit Indiana’s marriage ban is discriminatory

July 30, 2014
Marilyn Odendahl
Plaintiffs challenging Indiana’s ban on same-sex marriage filed their appellate brief with the 7th Circuit Court of Appeals July 29, making their argument that the state’s marriage law violates their constitutional rights.
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Deputy’s ‘playful’ groin shot not cause for termination, COA affirms

July 30, 2014
Dave Stafford
A longtime Bartholomew County merit deputy disciplined after he “playfully shot a fellow officer in the groin with non-lethal training ammunition” was not fired for cause, the Indiana Court of Appeals ruled in affirming an administrative law judge’s determination the deputy was entitled to unemployment benefits.
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Feds cite Indiana Medicaid fraud unit over notices

July 30, 2014
 Associated Press
A federal agency found that the Indiana attorney general's office didn't give proper notice in nearly a quarter of the Medicaid fraud cases it helped prosecute in recent years.
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Processing issue delays bar exam submissions in multiple states

July 30, 2014
 Associated Press
Florida-based testing software provider ExamSoft Worldwide Inc. said a processing issue has caused delays for bar exam takers in multiple states who were submitting their answers.
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Decision against travel bureau over domain name draws sharp dissent on appeal

July 30, 2014
Dave Stafford
An Indiana Court of Appeals judge recently wrote that her colleagues who formed the majority to rule against a local tourism board were “out of touch,” and she suggested a case over an Internet domain name presented a novel issue that no court in the country has addressed.
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New partnerships require a shared vision, bit of nerve

July 30, 2014
Dave Stafford
Lawyers who’ve teamed up to start firms as partnerships say putting their professional names and reputations on the line together takes mutual trust, respect, a shared vision, and a fair amount of nerve.
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Metrics create benchmarks for 'granular' evaluations of lawyer performance

July 30, 2014
Dave Stafford
Metrics measuring attorney and law firm performance have exploded in recent years, and trend watchers say the implications for the industry are only beginning to be felt.
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State agencies claim information protected by deliberative process privilege

July 30, 2014
Marilyn Odendahl
An acrimonious fight between an Indiana businessman and the Indiana Department of Revenue has not only forced the Indiana Tax Court to take the unusual step of getting involved in the discovery process but also created a case of first impression.
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Video depositions can be a compelling trial tool

July 30, 2014
Marilyn Odendahl
The ability to catch the nonverbal messages and vocal inflections made by witnesses and experts is the biggest benefits to videotaping depositions, attorneys say.
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IU Maurer partners with out-of-state schools for students

July 29, 2014
Marilyn Odendahl
Indiana University Maurer School of Law is expanding its partnership program to further its goal of ensuring the Bloomington institution enrolls top law students.
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Police questioning gets conviction booted a second time

July 29, 2014
Marilyn Odendahl
The child molesting conviction of a Lafayette man has again been overturned by the Indiana Court of Appeals because of problems with statements he made to police.
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Church legal clinic gives immigrants place to turn

July 29, 2014
 Associated Press
The Bridge Community Church in Logansport recently opened Indiana's 13th nonprofit immigration clinic licensed through the U.S. Bureau of Immigration Appeals.
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Court allows education board lawsuit to proceed

July 29, 2014
 Associated Press
A Marion County judge has cleared the way for a lawsuit to proceed against members of the State Board of Education that alleges public access violations.
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Indiana BMV asks court to delay vanity plate sales

July 29, 2014
 Associated Press
The Indiana Bureau of Motor Vehicles has asked the state Supreme Court for permission to continue its suspension on sales of vanity plates until a court case is settled.
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Indiana partnership aids domestic violence victims

July 29, 2014
 Associated Press
An Indiana county attorney's office and a community advocacy group have partnered in an effort to help victims of domestic violence.
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Same-sex couples ask Social Security Administration to recognize their Indiana marriage

July 28, 2014
Marilyn Odendahl
A pair of Indiana same-sex couples who were married in June have asked the U.S. Social Security Administration to recognize their marriages.
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Justices to review denial of shooter's insanity defense

July 28, 2014
Dave Stafford
The Indiana Supreme Court will hear the appeal of a man whose 120-year sentence on conviction of four counts of attempted murder was reversed by the Court of Appeals.
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Warrantless search based on smell does not violated 4th Amendment

July 28, 2014
Marilyn Odendahl
Despite the absence of danger to the public, the strong odor of raw marijuana provided the probable cause a police officer needed to conduct a warrantless search.
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COA rules grandparent visitation order prejudiced father

July 28, 2014
Dave Stafford
A father who asked the trial court for a continuance to hire a lawyer after he realized his child’s grandparents had hired an attorney was prejudiced when the request was denied, the Indiana Court of Appeals ruled Monday.
More
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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