Legal News

Birth certificate battle moves to 7th Circuit

February 8, 2017
Marilyn Odendahl
The new Indiana administration does not want to recognize non-birth mothers as parents.
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Asian attorneys less represented in Indianapolis than nationwide

February 8, 2017
Olivia Covington
In the post-recession economy, Asians were the only minority group to experience constant growth in partner and associate positions at large law firms each year, while black and Hispanic attorneys followed a roller coaster-like cycle of growth and decline. However, the situation is less promising for Asian attorneys in Indianapolis.
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Supreme Court reverses CHINS determination

February 7, 2017
Olivia Covington
The Indiana Supreme Court reversed a children in need of services determination Tuesday after agreeing to hear the parents’ case on the merits, despite their premature notices of appeal.
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Groth asks Supreme Court to order release of Pence emails

February 7, 2017
 Associated Press, IL Staff
An Indianapolis lawyer is asking the Indiana Supreme Court to order the release of emails sent to Vice President Mike Pence when he was governor.
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Indicted Indiana sheriff seeks removal of special prosecutor

February 7, 2017
 Associated Press
A northern Indiana sheriff's trial on bribery charges was postponed on the day it was to begin after his attorney questioned whether the special prosecutor should be removed from the case.
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COA affirms summary judgment against Celadon in class action

February 7, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed summary judgment against a prominent trucking company in a class-action lawsuit, holding that the terms of the company’s contract with its independent drivers require the company to deduct the cost of fuel from their compensation based only on the lowest discounted price.
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COA: Declaratory judgment, tort actions can arise from same occurrence

February 7, 2017
Olivia Covington
A declaratory judgment action can arise from the same occurrence as an underlying tort action for purposes of permissive joinder under Trial Rule 20, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a request to sever two tort counts from a count seeking declaratory judgment.
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Citizens United lawyer Bopp targets Texas campaign finance laws

February 7, 2017
 Associated Press
Political “dark money” and the founder of an organization tied to President Donald Trump’s accusations of voter fraud will be at the center of a Texas Supreme Court case Tuesday that could reshape campaign finance laws in the country's second-largest state.
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Reversal: ‘Odor of raw marijuana’ sufficient grounds for search

February 6, 2017
Dave Stafford
A police officer who said he detected “a strong odor of raw marijuana” coming from a car during a traffic stop had probable cause to search the driver, the Indiana Court of Appeals ruled in reversing a trial court.
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Tax court judge rejects request to compel further discovery

February 6, 2017
Olivia Covington
After previously allowing the deposition of the former commissioner of the Indiana Department of State Revenue, the Indiana Tax Court rejected the University of Phoenix’s requests to compel further discovery, writing that the additional discovery likely would not reveal admissible evidence.
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COA: Malpractice claim barred by statute of limitations

February 6, 2017
Olivia Covington
The Indiana Court of Appeals has rejected a woman’s malpractice claim after holding that the claim was barred by a two-year statute of limitations.
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Tax Court reverses educational property tax exemption

February 6, 2017
Olivia Covington
The Indiana Tax Court has reversed an educational property tax exemption for a Carmel day care after finding that the land’s owner failed to properly compare the total time the property was used for educational purposes against the total time the day care utilized the land.
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Cop denied murder rehearing to appeal to US Supreme Court

February 6, 2017
Marilyn Odendahl
The 7th Circuit Court of Appeals has reversed itself and vacated its order to rehear a case of an Indiana police officer convicted of murder and arson. Glenn Patrick Bradford's attorney said he will ask the Supreme Court of the United States to hear the appeal.
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Man convicted in officer's 1981 death set for prison release

February 6, 2017
 Associated Press
A man convicted of killing a Gary police officer in 1981 is about to walk free from an Indiana prison after twice having death sentences overturned.
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Panel backs bill for appointing state school chief

February 6, 2017
 Associated Press
The Indiana state schools superintendent would no longer be an elected position under a change being considered by lawmakers.
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White House predicts courts will reinstate travel ban

February 6, 2017
 Associated Press
Lawyers for Washington state and Minnesota told the 9th Circuit Court of Appeals early Monday that restoring President Donald Trump’s ban on refugees and travelers from seven predominantly Muslim countries would “unleash chaos again.”
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7th Circuit dismisses Moorish tax claim, condemns ‘sovereign citizen’ ideology

February 3, 2017
Olivia Covington
A man who declared himself a “sovereign citizen” as a result of his “Moorish” heritage is in fact not a sovereign citizen who is exempt from taxes, the 7th Circuit Court of Appeals wrote in a Friday opinion that delved into the history of the Moorish-American movement that has been the source of “difficult litigation."
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COA: Police search did not violate state constitution

February 3, 2017
Olivia Covington
Indiana police did not violate the state constitution when they searched a woman’s car without a warrant after discovering that the car matched the description from an earlier drug-related tip and police dogs alerted to the presence of drugs in the vehicle, the Indiana Court of Appeals has ruled.
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COA: Convicted sex offender can’t seek expungement for unrelated charges

February 3, 2017
Olivia Covington
A man convicted of Class D felonies is not eligible for expungement of those offenses because he has also been convicted of sex crimes, the Indiana Court of Appeals decided Friday.
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Greenwood court starts program for heroin-addicted offenders

February 3, 2017
A city south of Indianapolis is offering a drug treatment program for heroin-addicted offenders that features an Indiana-made device to ease the pain of withdrawal.
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7th Circuit upholds drug convictions for lack of standing

February 3, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a man’s drug convictions after holding Friday that he did not have a reasonable right to privacy in a vehicle containing methamphetamine that he paid a car hauler to ship across the country.
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ACLU-Indiana joins nationwide fight for immigration ban records

February 3, 2017
 Associated Press, Olivia Covington
Indiana’s American Civil Liberties Union affiliate is joining a nationwide request for public records thought to be able to shed light on federal border patrol agencies’ interpretation and implementation of recent presidential immigration orders.
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Patriots coach McDaniels may be witness in Hernandez trial

February 3, 2017
 Associated Press
New court documents indicate that New England Patriots offensive coordinator Josh McDaniels might be called as a witness in the upcoming double murder trial of former NFL star Aaron Hernandez in Boston.
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Donnelly to vote against Trump AG nominee Sessions

February 3, 2017
 Associated Press
Indiana Democratic Sen. Joe Donnelly says he will vote against Jeff Sessions, President Donald Trump's nominee for attorney general.
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Jury convicts Fort Wayne man, 19, of 3 counts of murder

February 3, 2017
 Associated Press
A jury has convicted a Fort Wayne man on three counts of murder after his first trial ended in a hung jury.
More
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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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