Legal News

COA: Gas station did not commit spoliation regarding mat

October 22, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.
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Justices rule on ‘exhaustion rule’ issue

October 22, 2014
Jennifer Nelson
The Indiana Supreme Court tackled issues of first impression Wednesday involving peremptory challenges and removing jurors for cause. The justices held that parties satisfy the “exhaustion rule” the moment they use their final peremptory challenge – regardless of whom they strike.
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Majority reverses termination of incarcerated father’s parental rights

October 22, 2014
Jennifer Nelson
Finding the state did not prove that the parental rights of a man – who learned he was a father while incarcerated pending trial – should be terminated, two of the three judges on a Court of Appeals panel reversed.
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Judges say Circuit split requires clarification from sentencing commission

October 22, 2014
Jennifer Nelson
A panel of judges on the 7th Circuit Court of Appeals affirmed a man’s 117-month prison sentence on drug and weapons charges, but two judges believed the case should have been heard en banc based on the importance of a sentencing issue.
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Court reverses $1,660 attorney fee award in parenting time action

October 22, 2014
Jennifer Nelson
Because there is nothing in the record to show the court considered the resources of the parties when it awarded a guardian $1,660 in attorney fees, the Indiana Court of Appeals reversed Wednesday.
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Daughter’s cheating negates father’s obligation to pay for college

October 22, 2014
Jennifer Nelson
Finding that the “F” a Purdue University student received after her teacher discovered the student plagiarized comments from other students amounted to disciplinary action from the school, the Indiana Court of Appeals upheld the decision that her father no longer had to pay a portion of her school expenses based on a previous court order.
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Officers’ entry into home to chase bloodied dog unreasonable, justices rule

October 22, 2014
Jennifer Nelson
The Indiana Supreme Court ruled Tuesday that drug evidence obtained by police after they entered a home without a warrant to capture an aggressive dog should not have been admitted at the defendant’s trial. The justices held the search violated Article I, Section 11 of the Indiana Constitution.
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Indiana responds to convicted ex-officer's appeal

October 22, 2014
 Associated Press
Indiana has responded to a former Indianapolis police officer's appeal of his convictions in a fatal drunken driving crash.
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SCOTUS denial of cases opens door to new same-sex-couple issues

October 22, 2014
Marilyn Odendahl
Now that same-sex marriage is legal in Indiana, the courts will have to settle issues and questions that will arise in other areas, such as family law.
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Attorneys debate impact of reality crime TV shows on the judicial process

October 22, 2014
Marilyn Odendahl
The reality television show “Cold Justice” linked Earl Taylor to the 1975 murder of his first wife, Kathy Taylor. Dennis Majewski, Earl Taylor's attorney, said the TV program carried by the TNT cable network, and a follow-up newspaper article that told viewers the episode was available on YouTube, led him to doubt he could find an untainted jury in Vigo County.
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Lawmakers in no rush to fix Marion County’s judicial selection process

October 22, 2014
Dave Stafford
Marion County’s unique power-sharing judicial-election system won’t be fixed anytime soon, even though a federal judge has ruled the four-decade-old system is unconstitutional.
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Pharmacist’s snooping is a prescription for trouble

October 22, 2014
Dave Stafford
Walgreen’s appeal of $1.8M judgment in favor of customer raises patient privacy issues.
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When municipal growth clashes with property owners, the result is annexation headaches

October 22, 2014
Marilyn Odendahl
A 644-acre swath of rural Hancock County land is at the heart of a contentious annexation battle that illustrates what municipalities say is the need to get control of property before development happens. The case also brings to light what may be a shift in the judiciary’s attitude toward remonstrators.
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Court hearing set for Gary man linked to 7 deaths

October 21, 2014
 Associated Press
A Gary man who police say confessed to killing one woman, helped investigators find six other bodies and indicated there may be more is scheduled to make his first court appearance.
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Judge must face federal lawsuit over drug court detentions

October 21, 2014
Dave Stafford
Clark Circuit Judge Jerome Jacobi must face a federal lawsuit from drug court participants who allege they were improperly detained or unlawfully arrested as participants in the problem-solving court he oversaw.
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Split COA reverses denial of post-conviction relief

October 21, 2014
Dave Stafford
A defense attorney’s failure to raise the consecutive sentencing limitation prejudiced his client, the majority of a Court of Appeals panel ruled, reversing denial of post-conviction relief for a man convicted of multiple burglaries. The court remanded for resentencing to trim six years off a 28-year prison term.
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Court of Appeals to hear arguments at IU Maurer

October 21, 2014
IL Staff
Indiana University Maurer School of Law will host an oral argument of the Indiana Court of Appeals Wednesday at the school’s moot court.
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Error in admitting drug conviction was harmless, 7th Circuit rules

October 20, 2014
Marilyn Odendahl
Although a witness’s changed testimony did not open the door wide enough to allow the introduction of a defendant’s prior drug record, the prosecution’s case was still substantial without the improper evidence so the defendant’s federal conviction will stand.
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Indiana justices to hear school bus fees appeal

October 20, 2014
Dave Stafford
The Indiana Supreme Court will decide whether a public school district may charge parents a fee to transport children to and from school.
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Elkhart teens, amici seek appeal of murder convictions

October 20, 2014
Dave Stafford
The felony murder convictions of two Elkhart County teens that splintered the Court of Appeals should be heard by the Indiana Supreme Court, the defendants and amicus filers say.
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State appeals ruling invalidating Marion County judicial election law

October 20, 2014
Dave Stafford
The state is appealing a federal judge’s ruling this month declaring Marion County’s Superior judicial election statute unconstitutional.
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Judge pushes for full-time public defender office

October 20, 2014
 Associated Press
A southern Indiana judge says his county needs a full-time public defender office to ensure those who can't afford attorneys receive strong legal representation.
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Justices will decide privacy case on hotel records

October 20, 2014
 Associated Press
The Supreme Court of the United States agreed Monday to referee a dispute over police access to hotels' guest information without first getting a search warrant.
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Brother of former NFL player enters plea agreement

October 20, 2014
 Associated Press
The brother of a former NFL player has agreed under a deal with federal prosecutors to plead guilty to two counts of a 44-count indictment against him and receive a 14-year prison sentence.
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Drug abuse symposium attracts 800

October 17, 2014
IL Staff
About 800 Indiana health professional, lawmakers, law-enforcement officials and others gathered in Indianapolis Friday for the beginning of a two-day symposium focused on combating prescription drug abuse.
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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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