Legal News

State court offices, law firm on lockdown after shots fired in Indianapolis

August 26, 2010
IL and IBJ Staff
A lone gunman caused downtown Indianapolis – including Indiana State Court Administration offices and law firm Barnes & Thornburg – to be on lockdown today.
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Justice: Fee hike could mean statewide case management system by 2017

August 26, 2010
Michael Hoskins
If lawmakers during the next legislative session increase a statewide court fee an extra $3, Indiana Supreme Court Justice Frank Sullivan believes the state can fully implement a case management system in all county courts by June 30, 2017.
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7th Circuit reverses lower court on stun-belt issue

August 26, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a District judge’s decision that a man convicted of murder received ineffective assistance of counsel during his trial because his attorney didn’t object to the state making him wear a stun belt in court.
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COA concerned about some details in termination case

August 26, 2010
Jennifer Nelson
In affirming the involuntary termination of a mother’s parental rights, the Indiana Court of Appeals noted some troubling details involving the case.
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Technical difficulties snag high-profile appeal arguments

August 25, 2010
Michael Hoskins
After a hiccup in the state judiciary’s online access to oral arguments, Indiana Court of Appeals Chief Judge John Baker borrowed some words from television broadcasters of the past: “Please stand by.”
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CJ signs order for increased judicial education requirements

August 25, 2010
IL Staff
Indiana judges and magistrates will have to take more judicial education classes to improve their legal skills next year.
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7th Circuit affirms sentences for bank robbing couple

August 25, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the convictions and sentences of a boyfriend and girlfriend on bank robbery convictions, finding the boyfriend waived his appeal of his sentence and the jury instructions were correct in the girlfriend’s trial.
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Look-alike offense counts as controlled-substance offense in sentencing

August 25, 2010
Jennifer Nelson
A previous conviction for a “look-alike” offense constitutes a controlled-substance offense for sentencing purposes, the 7th Circuit Court of Appeals ruled for the first time Tuesday.
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8 submit proposals for Indiana appellate system

August 24, 2010
Michael Hoskins
Eight companies are interested in outfitting the Indiana appellate courts with a case management system with public access and e-filing capabilities.
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Court rules on first impression FLSA issue

August 24, 2010
Jennifer Nelson
In denying summary judgment for either party in a dispute involving the Fair Labor Standards Act, the U.S. District judge noted the issue appears to be one of first impression in the 7th Circuit.
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COA upholds denial of motion to suppress

August 24, 2010
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest in the subscriber information of an Internet service provider.
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Attorney waits for plea agreement decision

August 23, 2010
Jennifer Nelson
Anderson attorney Samuel Hasler is still waiting to see if his plea agreement regarding child pornography charges will be accepted.
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Judge sues prosecutor for intimidation, retribution

August 23, 2010
Jennifer Nelson
A Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.
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IL is seeking local bar association news

August 23, 2010
In an effort to include more news from specialty and county bars around the state, Indiana Lawyer has started a section in the print and online editions called Bar Crawl.

If you or your bar association would like to submit a news item or photo to Indiana Lawyer, such as a notice regarding an election of new officers, an event, pro bono efforts, awards your bar association has presented to its members, or anything else you’d like to share with Indiana’s legal community, please contact reporter Rebecca Berfanger, rberfanger@ibj.com. If you’d like to post an announcement that is time sensitive, please submit it at least two weeks in advance of the issue date.
 

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Court OKs class certification in Conseco securities-fraud case

August 20, 2010
Michael Hoskins
In a securities-fraud case involving the Carmel-based financial and life insurance services company Conseco, a 7th Circuit Court of Appeals panel has refused to significantly alter the class certification rules and throw out the long-established fraud-on-the-market doctrine.
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7th Circuit upholds Indiana judicial canons

August 20, 2010
Michael Hoskins, Michael Hoskins
A three-judge federal appellate panel says that Indiana’s judicial canons are not unconstitutionally restrictive of free speech and should stand.
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COA addresses inverse condemnation issues

August 20, 2010
Elizabeth Brockett
Inverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding fraudulent concealment and the statute of limitations.
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Professor to study India's legal system

August 20, 2010
Rebecca Berfanger
Over the next three years, a professor at an Indiana law school will be working on a study of India’s trial courts as part of a $261,000 grant from the Ford Foundation to a non-governmental association based in India.
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COA: attorney's statement binding

August 19, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed partial summary judgment for Noble Roman’s Inc. in-store franchisees’ claim for constructive fraud because the franchisees’ then-attorney admitted that they were only pleading actual fraud against the company and that admission is binding.
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AG encourages whistleblower lawsuits to fight fraud

August 19, 2010
The Indiana Attorney General's Office wants health care and pharmaceutical industry workers to know that they have the ability to file lawsuits and get protection as whistleblowers, and that could mean getting a portion of any settlement or damages that results from the suit.
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Federal identity theft statute includes use of deceased's identity

August 18, 2010
Jennifer Nelson
A person can be convicted of aggravated identity theft under 18 U.S.C. Section 1028A for using the identity of a person who is dead or alive, the 7th Circuit Court of Appeals ruled in an issue of first impression.
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COA panels divided on attorney's fees under AWDA

August 18, 2010
Jennifer Nelson
Nearly a month after an Indiana Court of Appeals panel ruled attorney's fees aren’t recoverable under the Adult Wrongful Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
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20 years of rights under the ADA

August 18, 2010
Rebecca Berfanger
While many people might take it for granted that accessibility for all people is now commonplace and that it is illegal to discriminate against an employee based on a disability, the Americans with Disabilities Act was signed only 20 years ago.
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Attorneys general at the state fair

August 18, 2010
Rebecca Berfanger
While some things are new this year at the Indiana State Fair, one that most fairgoers will likely not even notice is the recently enhanced partnership between the state attorney general’s office and the state fair.
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Safety vs. free speechRestricted Content

August 18, 2010
Michael Hoskins
In her 15 years on both the state and federal benches, Judge Jane Magnus-Stinson has had only one time when she’s feared for her safety inside her courtroom.
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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. 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.

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

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