Legal News

Appeals court declines to revise battery sentence

April 28, 2015
Jennifer Nelson
Even though a trial court did not specify why it imposed consecutive sentences for a man convicted of two counts of battery - one as a Level 6 felony and the other a Class A misdemeanor - the Indiana Court of Appeals found the rationale for consecutive sentences is apparent on the face of the record.
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Mother’s failure to timely contest adoption dooms appeal

April 28, 2015
Jennifer Nelson
A woman who failed to give notice to the court within 30 days after learning her child's stepmother sought to adopt the child could not convince the Indiana Court of Appeals that her due process was denied in the matter.
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US Supreme Court hears historic same-sex marriage arguments

April 28, 2015
 Associated Press
Pivotal Supreme Court of the United States Justice Anthony Kennedy did not tip his hand Tuesday as the high court heard historic arguments over the right of gay and lesbian couples to marry.
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US Supreme Court to hear historic same-sex marriage arguments

April 28, 2015
 Associated Press
The Supreme Court of the United States  is set to hear historic arguments in cases that could make same-sex marriage the law of the land.
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Chief Judge Young recognized for legal career and service to bar

April 27, 2015
Marilyn Odendahl
The Evansville Bar Association has honored federal Judge Richard Young with the James Bethel Gresham Freedom Award, the highest recognition the bar association gives.
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8 apply to be next COA judge

April 27, 2015
Jennifer Nelson
The Indiana Supreme Court released the names of the eight people who want to replace Court of Appeals Judge Ezra Friedlander after he retires from the bench in August.
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Woman’s battery conviction reversed due to fatal variance

April 27, 2015
Jennifer Nelson
A couple arrested after they screamed and resisted arrest at a local Department of Child Services' office after learning their child was being removed from their care had all but one of their convictions from the incident upheld by the Indiana Court of Appeals Monday.
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ACLU of Indiana, ILS founder remembered for fighting for justice

April 27, 2015
IL Staff
The man who helped to found the American Civil Liberties Union of Indiana and Indiana Legal Services Organization died April 5 after a brief hospitalization. Irving Fink was 95.
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BLE announces names of 174 who passed February bar exam

April 27, 2015
IL Staff
Nearly 175 people have passed the Indiana Bar Exam. The Board of Law Examiners posted the names of the 174 successful test-takers Monday. Results are from the February 2015 exam.
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SCOTUS considers excessive force, discrimination and personal data issues

April 27, 2015
 Associated Press
The Supreme Court of the United States said Monday it will decide whether websites and other firms that collect personal data can be sued for publishing inaccurate information even if the mistakes don't cause any actual harm. The court is also considering time limits for discrimination claims and issues involving excessive force against inmates awaiting trial.
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Long odds for insanity defense in theater shooting trial

April 27, 2015
 Associated Press
The parents of Colorado theater shooter James Holmes joined the parents of his victims in line on a gray and drizzly Monday morning before entering the courthouse where lawyers prepared to declare why he should be executed or spend the rest of his life in a mental hospital.
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Boston Marathon bomber's lawyer urges jury to spare his life

April 27, 2015
 Associated Press
A lawyer for Boston Marathon bomber Dzhokhar Tsarnaev urged a jury Monday to spare the young man's life, portraying him as "a good kid" who was led astray by his belligerent older brother.
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Small Indiana town sued for rejecting proposed cell tower

April 27, 2015
 Associated Press
A company that wants to build a cellphone tower in northeast Indiana is suing a small town, alleging the Zanesville Town Council is violating the federal Communications Act by using zoning ordinances to keep a wireless communications facility out.
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Ex-Valpo attorney pleads guilty to wire fraud, money laundering

April 24, 2015
Dave Stafford
Former Valparaiso lawyer Clark Holesinger will plead guilty to federal wire fraud and money-laundering charges accusing him of stealing $2 million, according to an information announced Friday in the U.S. District Court for the Northern District of Indiana.
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Lawsuit against hip replacement maker to remain in Indiana

April 24, 2015
Jennifer Nelson
The lawsuit brought by 19 people in Virginia and Mississippi against Warsaw, Indiana-based DePuy Orthopaedics alleging injuries from a now-recalled hip implant will remain in Indiana over the medical manufacturer’s objections.
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Judges dismiss appeal over deposition prep time

April 24, 2015
Jennifer Nelson
Because a trial court's decision to deny ordering the defendants to pay for the time the plaintiffs' expert witness spends preparing for his defense deposition is not a final judgment, the plaintiffs should have appealed under Ind. Appellate Rule 14(B). Since they did not, the Indiana Court of Appeals dismissed their appeal.
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County can’t raise tax to fund emergency expenses

April 24, 2015
Jennifer Nelson
The Indiana Tax Court affirmed the decision by the Department of Local Government Finance to deny the Clark County Board of Commissioners' request to increase the county's Cumulative Capital Development Fund tax rate for the 2012 budget year. The county sought the additional funds for a rainy day fund and to cover unexpected emergency costs.
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SEC: Indy-based Veros’ farm loans defrauded 80 of $15 million

April 24, 2015
Dave Stafford
The Securities and Exchange Commission has filed a federal lawsuit against Indianapolis-based Veros Partners Inc. and multiple related co-defendants. The SEC alleges the financial advisers defrauded 80 farm-loan investors of $15 million in 2013 and 2014, using those proceeds to repay earlier investors.
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Justices affirm LWOP sentence, admission of suicide note

April 24, 2015
Jennifer Nelson
A southern Indiana man challenging his robbery and murder convictions and sentence to spend the rest of his life in prison lost his appeal before the Indiana Supreme Court Thursday. The justices rejected the man’s claim that his sentence should be reduced to a term of years.
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Bank wins partial victory in suit stemming from overdraft fees

April 23, 2015
Jennifer Nelson
A bank being sued by customers over how it orders transactions – allegedly to maximize profits from overdraft fees – is entitled to summary judgment on most of the state claims alleged by customers in a class-action lawsuit, the Indiana Court of Appeals ruled Thursday.
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Handgun properly admitted at juvenile’s hearing

April 23, 2015
Jennifer Nelson
A handgun discarded by a teen after seeing a marked police car – and later picked up by the officer who saw the teen throw the gun into a yard – was properly admitted at his delinquency hearing, the Indiana Court of Appeals affirmed.
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IU McKinney to directly admit top IUPUI undergrads

April 23, 2015
Jennifer Nelson
Indiana University Robert H. McKinney School of Law announced Thursday that it has instituted a new program that allows undergraduates at Indiana University-Purdue University Indianapolis to skip taking the LSAT and apply directly to the law school.
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Advisory opinion issued about ex parte petitions for temporary custody

April 23, 2015
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has issued an advisory opinion to judges in response to numerous ethical complaints about judges granting ex parte petitions for temporary custody in non-emergency cases or when there was no attempt to provide notice to the adverse party.
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Justices rule in favor of Anthem in excess insurance disputes

April 23, 2015
Jennifer Nelson
Anthem Inc. is entitled to its costs of settling litigation in which the insurance giant was accused of improperly handling claims, the Indiana Supreme Court ruled Wednesday. The reinsurance companies argued that coverage was barred based on the excess insurance policies.
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Evansville Bar hosts annual law celebration

April 23, 2015
Marilyn Odendahl
The Evansville Bar Association will once again be celebrating the law and the legal profession as part of its annual Law Week commemoration.
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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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