Legal News

Supreme Court creates senior judge committee

August 19, 2016
IL Staff
The Indiana Supreme Court has established a senior judge committee tasked with finding new ways veteran jurists can assist state courts.
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Outsourced legal work increases, survey finds

August 19, 2016
IL Staff
A survey of in-house and outside counsel finds conflicting views about whether outsourced legal work has increased in the past year. Attorneys in firms and in-house positions who responded to the survey also both rated themselves higher than they rated each other.
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Former wrestling coach gets 10 years for videotaping boys

August 19, 2016
 Associated Press
A former northern Indiana teacher and wrestling coach will serve 10 years in prison after pleading guilty to charges alleging he videotaped naked boys in a locker room.
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COA: No error in admitting post-accident reports at negligence trial

August 18, 2016
Jennifer Nelson
Dealing with the question for the first time in a negligence case involving a fired truck driver, the Indiana Court of Appeals decided that a post-incident investigation is not an inadmissible subsequent remedial measure.
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Plea deal didn’t prevent government from referencing hostage incident

August 18, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claim that the government was barred by his plea agreement from mentioning a hostage situation that occurred several days prior to his arrest on drug and firearm charges.
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Jay County man gets 65 years for murder of 5-week-old girl

August 18, 2016
 Associated Press
An eastern Indiana man convicted of killing his girlfriend's 5-week-old daughter by slamming her head into pavement has been sentenced to 65 years in prison.
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COA blasts DCS’ lack of action in CHINS case

August 18, 2016
Jennifer Nelson
The Indiana Court of Appeals in a child in need of services case questioned why the Department of Child Services was able to not comply with multiple court orders and face no consequences from the juvenile court.
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Warrantless inventory search of vehicle not unreasonable, COA holds

August 17, 2016
Jennifer Nelson
Despite a police officer’s failure to strictly follow relevant procedures for completing a written inventory of items found in an impounded car, the Indiana Court of Appeals affirmed that the warrantless search of the car was not unreasonable.
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Attorney suspended for lack of action in client cases

August 17, 2016
IL Staff
An Indianapolis attorney has been suspended for at least one year after he failed to take action on three clients’ matters and did not refund unearned flat fees. One justice believed his actions warranted disbarment.
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Maxim party promoter sues Speedway over lackluster ticket sales

August 17, 2016
IBJ Staff
The company that staged the Indy 500 Maxim Party at Indianapolis Motor Speedway on May 27 of race weekend has sued the speedway in federal court, claiming that it didn’t do enough to help publicize the sparsely attended event.
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7th Circuit: Trailer insurer does not have to indemnify defendants

August 17, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals on Tuesday affirmed a district court ruling that held the insurer of a trailer borrowed by a trucking company in which an employee was involved in a fatal accident does not have to indemnify the company or the driver in a negligence lawsuit.
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Indiana's high court to hear appeal in house explosion case

August 17, 2016
 Associated Press
The Indiana Supreme Court will hear an appeal next month in the case of the alleged ringleader of a deadly Indianapolis house explosion.
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Lawsuit filed by fans who missed Hall of Fame game

August 17, 2016
 Associated Press
Four fans have sued the NFL over the Hall of Fame game in Canton that was canceled because of poor field conditions.
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Indiana Supreme Court takes 4th Amendment case

August 16, 2016
Jennifer Nelson
The Indiana Supreme Court took two cases on transfer last week, including whether a police officer was within his community caretaker function when he pulled over a woman after she left a gas station.
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Nurse to face criminal charges for prescriptions issued at drug clinic

August 16, 2016
Jennifer Nelson
A registered nurse at a Wayne County clinic that treated those with addictions will face criminal charges for her role in handing out prescriptions prepared outside the usual course of professional medical practice. The Indiana Court of Appeals reversed the dismissal of those charges that was based on the fact she was not a doctor.
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Common sense alone not enough in patent law, US court finds

August 16, 2016
 Bloomberg News
Judges can’t rely on common sense alone when analyzing the validity of a patent, an appeals court ruled last week in a loss for Apple Inc. and Alphabet Inc.’s Google.
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GM CEO Barra tells jury company flubbed fatal ignition flaw

August 16, 2016
 Bloomberg News
General Motors Co. failed to designate a flawed ignition switch linked to multiple deaths and injuries as a safety concern, Chief Executive Officer Mary Barra told jurors at a Texas trial.
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Justices reinstate father’s parental rights

August 16, 2016
Jennifer Nelson
A trial court’s findings do not “clearly and convincingly support” its decision to terminate a father’s parental rights to his son based on it being in the best interests of the boy. In fact, the findings show that the father and son have a bond and often spend time together, the Indiana Supreme Court found Tuesday.
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COA affirms conviction of man who used lawyer’s identity in jail

August 16, 2016
Jennifer Nelson
Whether someone used another person’s identity for a lawful purpose is an affirmative defense to the crime of identity deception and not a material element of the crime, the Indiana Court of Appeals ruled in a first impression matter.
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State fighting birth certificate ruling

August 15, 2016
Marilyn Odendahl
Married same-sex female couples who challenged Indiana’s refusal to recognize the non-birth mothers on their children’s birth certificates reiterate that they want to be treated in the same manner as heterosexual couples – no more, no less. The state, which intends to appeal a ruling finding Indiana's paternity statutes to be unconstitutional, is first asking the judge to take another look at her ruling.
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Court grants habeas writ in case involving repealed drug statute

August 15, 2016
Jennifer Nelson
A man convicted of Class A felony possession of three grams of cocaine within 1,000 feet of a “youth program center” in March 2008 will either be released from prison or resentenced after the 7th Circuit Court of Appeals granted his habeas corpus petition.
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COA affirms woman in same-sex relationship legal parent of child

August 15, 2016
Jennifer Nelson
The Indiana Court of Appeals on Monday affirmed a trial court’s conclusion that a lesbian couple who entered into a registered domestic partnership in California should be treated like married spouses. As such, the judges affirmed the award of joint legal custody and parenting time to the non-biological parent after the couple broke up.
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Prosecutors appeal 14-month sentence for ex-Indiana deputy

August 15, 2016
 Associated Press
Federal prosecutors are asking an appeals court to order a stiffer sentence for a former central Indiana sheriff's deputy convicted of civil rights violations.
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IU McKinney launching Child Advocacy Law Clinic

August 15, 2016
IL Staff
Students at Indiana University Robert H. McKinney School of Law will have the opportunity to work with Marion County’s Child Advocates starting this fall when the new Child Advocacy Law Clinic opens.
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Sides in Russell estate case seeking settlement

August 15, 2016
Jared Council, IBJ Staff
Attorneys in the estate case of deceased Celadon Group Inc. co-founder Steve Russell say they're hashing out a settlement, a move that would cease the high-profile wrangling over his $31 million estate and curtail estate losses from legal fees.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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