Legal News

COA reaffirms decision imposing sanctions on mental health service provider

December 9, 2016
Olivia Covington
The Indiana Court of Appeals has reaffirmed an earlier decision finding that sanctions against a mental health provider were warranted, making clear Friday that it fully understood why the sanctions were imposed.
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7th Circuit affirms dismissal of claims against Indiana, Marion County officials

December 9, 2016
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the dismissal of claims against several Indiana state and county officials, finding that most of the claims failed due to the immunity provided to government employees in the scope of their employment.
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Michael Jordan wins China trademark court ruling after yearslong case

December 8, 2016
 Associated Press
Basketball legend Michael Jordan now owns his Chinese name, after China's highest court sided with him Thursday following a yearslong legal battle over a trademark dispute.
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Justices weigh cellphone data privacy rights in 4th Amendment case

December 8, 2016
Olivia Covington
When people turn on their cellphones, they have a general understanding that some data regarding their whereabouts will be collected. But if a person does not know the extent to which that data is collected, then can the court say that such data was voluntarily released by the person, or is there an expected right to privacy?
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4 Indiana cities seek dismissal of LGBT protections suit

December 8, 2016
 Associated Press, IL Staff
Four Indiana cities have asked the Indiana Court of Appeals to overrule a judge’s ruling allowing conservative groups to go ahead with a lawsuit challenging anti-discrimination ordinances.
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Allen becomes latest Indiana county to offer needle exchange

December 8, 2016
 Associated Press
The Fort Wayne-Allen County Department of Health said Wednesday the Allen County Syringe Services Program opened in early November and has seen a few visitors. The department says it didn't advertise the opening of the program because it believed a soft opening was the best way to get the word out to those affected.
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2 face life sentences in Newton County slayings

December 8, 2016
 Associated Press
Prosecutors intend to seek sentences of life without parole for two 24-year-old men facing murder, theft and other charges in the slayings of three people in northwestern Indiana.
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COA: Law enforcement may not refuse to hire based solely on expunged criminal histories

December 8, 2016
Olivia Covington
The Indiana Court of Appeals ruled Thursday that law enforcement agencies are not permitted under state statute to refuse to hire new employees solely because those people have prior criminal histories that have since been expunged.
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Court abused discretion in letting public defender withdraw appearance

December 8, 2016
Olivia Covington
An attorney seeking a motion to withdraw appearance had to prove there was justification for his withdrawal and provide sufficient notice to the party he represented before the motion could be granted, the Indiana Court of Appeals found Thursday.
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Forest Alliance sues to stop Crown Hill cemetery project

December 8, 2016
IBJ Staff
The controversy over the U.S. Department of Veterans Affairs’ plans to develop a military cemetery with a series of above-ground columbariums on 15 wooded acres north of Crown Hill Cemetery in Indianapolis has ended up in court.
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COA holds public trust rights rule along lakeshore

December 7, 2016
Olivia Covington
When a private property owner’s land deed overlaps with that of the public trust along Lake Michigan, the rights to the shore are controlled by the common law public trust doctrine, the Indiana Court of Appeals found Wednesday in a landmark decision that prevents private property owners from exerting complete control over lakeshore land between ordinary high- and low-water marks.
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COA holds that volunteer work was incidental to man’s employment

December 7, 2016
Olivia Covington
A general contractor’s volunteer work was incidental to his professional employment, so the injuries he sustained during the volunteer work must be covered under the Indiana Worker’s Compensation Act.
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COA affirms lifetime suspension of driving rights

December 7, 2016
Olivia Covington
A man who was caught driving with a suspended license cannot challenge the legality of the lifetime suspension of his driving privileges because the law in effect at the time of his arrest required the lifetime suspension, the Indiana Court of Appeals found Wednesday.
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COA reverses handgun conviction after state failed to meet burden of proof

December 7, 2016
Olivia Covington
The state failed to meet its burden of proof to show that an Indianapolis man was carrying a handgun without a license outside of his dwelling, workplace or property, the Court of Appeals found Wednesday, thus vacating the man’s misdemeanor conviction.
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‘Strict compliance’ with contempt statute not required if sufficient notice is given

December 7, 2016
Olivia Covington
A majority of the justices of the Indiana Supreme Court found Tuesday that strict compliance with a state statute regarding contempt orders can be excused if the party in contempt has been sufficiently notified of their contempt, thus affirming a trial court decision requiring an ex-husband to produce income and tax documents for his ex-wife.
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7th Circuit rules Duke Energy must pay for wind-generated power

December 6, 2016
Olivia Covington
The 7th Circuit Court of Appeals reversed a district court decision Tuesday requiring Duke Energy to pay for power generated by a local wind farm only if it passes to a lower grid, deciding instead that the energy company is contractually obligated to pay for any generated power regardless of transmission issues.
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Indiana attorney illegally practicing in Florida suspended for 18 months

December 6, 2016
Olivia Covington
An Indiana attorney who was illegally practicing law in Florida has been suspended in Indiana for 18 months without automatic reinstatement.
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Divided COA says trial court must hold hearing on order to pay

December 6, 2016
Olivia Covington
A Floyd County trial court cannot order debtors to make monthly payments toward a mortgage, taxes and insurance premiums in a foreclosure case without first holding a hearing on the debtors’ ability to pay, a divided Indiana Court of Appeals held Tuesday.
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US Supreme Court upholds broad power to curb insider trading

December 6, 2016
 Associated Press
A unanimous U.S. Supreme Court is siding with the government in a legal clash over the nation's insider trading laws. It's a victory for prosecutors seeking to curb corruption on Wall Street.
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High court sides with Samsung in patent dispute with Apple

December 6, 2016
 Associated Press
A unanimous Supreme Court of the United States on Tuesday sided with smartphone maker Samsung in its high-profile patent dispute with Apple over design of the iPhone.
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7th Circuit rules student-athletes aren’t considered ‘employees’

December 6, 2016
Olivia Covington
Collegiate athletes cannot be considered university employees and, thus, are not eligible for minimum wage pay, the 7th Circuit Court of Appeals ruled Monday, affirming a district court decision that dismissed a lawsuit brought against the NCAA.
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Seminar honors esteemed South Bend attorney

December 5, 2016
IL Staff
The St. Joseph County Bar Foundation will host Monday the first of what is planned to be a recurring seminar to honor a longtime attorney and ensure that his legacy of courtesy and respect continues.
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COA reverses handgun conviction because officer didn’t follow protocol

December 5, 2016
Olivia Covington
A police officer did not follow the proper protocol for conducting an inventory search of a detainee’s car, thus making the search impermissible under state and federal constitutions and prohibiting the admittance of any evidence obtained through the search.
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Justices deny transfer of CHINS ADA case with 3-2 vote

December 5, 2016
Olivia Covington
The Indiana Supreme Court has denied transfer of a case in which a father argued that the Department of Child Services’ failure to comply with the American with Disabilities Act when providing discretionary services should void the termination of his parental rights. However, two justices dissented from that decision, writing that DCS should always be required to comply with the ADA.
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7th Circuit affirms murder, racketeering convictions despite government error

December 5, 2016
Olivia Covington
Despite improper statements made by the government during closing arguments of a trial, the 7th Circuit Court of Appeals affirmed the defendant’s murder and racketeering convictions, writing that the statements constituted harmless error.
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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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