Legal News

COA affirms denial of motion to suppress traffic stop evidence

February 24, 2017
Olivia Covington
A Lawrence County woman cannot appeal the trial court’s denial of her motion to suppress drug evidence obtained during a traffic stop because the officers who stopped her had a reasonable suspicion to do so.
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COA reverses judgment in favor of law firm in legal malpractice case

February 24, 2017
Olivia Covington
A legal malpractice case against a northern Indiana law firm will proceed after the Indiana Court of Appeals held Friday that there was a genuine issue of material fact as to whether the litigant’s original negligence claim would have succeeded but for the firm’s negligence.
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COA orders return of bond balance

February 24, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a Fayette Circuit Court decision to hold the balance of a man’s bond in trust after finding that Indiana law prohibits courts from holding bonds in trust for public defender fees not yet incurred.
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COA rules aggravating factors support consecutive sentences

February 24, 2017
Marilyn Odendahl
A man who tried multiple times to get his sentence overturn was unsuccessful when the Indiana Court of Appeals found the precedent he was relying on was materially different from his situation.
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ACLU, others speak out against Trump’s repeal of transgender bathroom directives

February 24, 2017
Olivia Covington
The American Civil Liberties Union of Indiana and other civil rights advocacy groups are speaking out against the Trump administration’s decision to rescind federal guidelines protecting transgender students in school restrooms, calling the move dangerous and irresponsible.
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Justices question meaning of EBITDA in HHGregg manager bonus case

February 23, 2017
Olivia Covington
After a key member of HHGregg’s leadership team died in 2012, his $40 million life insurance policy was paid out to the company and brought that year’s total earnings to $143.5 million. Now, senior managers on the HHGregg team say they should receive bonuses based on the total 2012 earnings, claiming that the life insurance policy propelled the company to an earnings level that warranted extra compensation for their work.
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Supreme Court hears Spirited Sales liquor wholesaling case

February 23, 2017
Olivia Covington
The fate of Spirited Sales LLC’s liquor wholesaling license is in the hands of the Indiana Supreme Court as the justices consider whether allowing the company to keep its permit would enable its parent company, Monarch Beverage Co., to gain an unlawful monopoly in the alcohol wholesaling business.
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High court ruling limits international reach of patent laws

February 23, 2017
 Associated Press
The Supreme Court of the United States on Wednesday sided with California-based Life Technologies Corp. in a patent infringement case that limits the international reach of U.S. patent laws.
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COA: Theories presented to trial court in med-mal cases were presented to review panels

February 22, 2017
Olivia Covington
After finding that evidence of disputed medical malpractice theories in two cases were presented to the medical review panels in each, Indiana Court of Appeals has reversed summary judgment in favor of a health care provider in one case but is allowing the provider in the other to present evidence related to a subsequent malpractice theory against him.
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State appeals triple-murder conviction reversal to US Supreme Court

February 22, 2017
IL Staff
A man’s murder convictions vacated in a habeas decision by the en banc 7th Circuit Court of Appeals should be reviewed by the United States Supreme Court, the Indiana Attorney General’s Office says.
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Man’s forgery convictions for bogus check affirmed

February 22, 2017
Dave Stafford
A man who tried to pass a bogus check for $2,248.33 at two Marion grocery stores failed to persuade an appellate panel to reverse his convictions because of insufficient evidence. He argued in part his conviction shouldn’t stand because the stores had no video cameras.
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Despite inadmissible testimony, molestation conviction affirmed

February 22, 2017
A trial court erred in allowing evidence of a defendant’s alleged prior bad acts at his child molestation jury trial, but based on other corroborating evidence, the admission was harmless, the Indiana Court of Appeals ruled Wednesday.
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Divided full 7th Circuit allows inmate death case to go to trial

February 22, 2017
Olivia Covington
A woman whose son was found dead in an Indiana Department of Correction facility can now take her case to trial after a divided en banc 7th Circuit Court of Appeals reversed summary judgment in favor of the health care providers who treated her chronically ill son.
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Defendant’s testimony makes admission error harmless

February 22, 2017
Marilyn Odendahl
Although unauthenticated videos and photos showing a defendant appearing to make methamphetamine should not have been admitted at trial under the silent-witness theory, the Indiana Court of Appeals found the error was harmless because of the defendant’s own testimony.
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Robing ceremony planned for former senator elected to St. Joseph bench

February 22, 2017
IL Staff
A former Indiana senator who was recently elected to St. Joseph Circuit Court will be honored this week.
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For some firms, splitting office space and expenses is best practice

February 22, 2017
Dave Stafford
For many firms, splitting office space and sharing resources is a strategy that makes good business sense. But such arrangements aren’t without challenges.
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Merit selection for Marion County a path back to court?

February 22, 2017
Dave Stafford
As the General Assembly weighs a new means of choosing Marion County judges, critics of the proposed merit-selection system say its enactment will almost guarantee another court fight.
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No slowdown in expungements

February 22, 2017
Marilyn Odendahl
The number of petitions filed around the state remains high, but clerks and attorneys say they have adjusted to the workload.
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Legal aid agencies jointly seek $210,000 expungement grant

February 22, 2017
Marilyn Odendahl
In what is believed to be a first, Indiana Legal Services Inc., Indianapolis Legal Aid Society and the Neighborhood Christian Legal Clinic are hoping to collaborate on a single project that they say will help people overcome hurdles to employment and give communities an economic boost.
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ABA watches law schools’ attrition, bar pass rates

February 22, 2017
Marilyn Odendahl
At the mid-year meeting of the American Bar Association held in early February, legal education was in the spotlight or, some might say, the hot seat.
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Hispanic lawyers’ past experiences draw them to immigration law

February 22, 2017
Olivia Covington
Representing individual immigration litigants makes sense for many Hispanic attorneys because they have seen members of their own families move through the process of becoming either a legal citizen or lawful permanent resident of the United States.
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Attorneys trying to stay apprised, advise clients as Congress weighs health care reform

February 22, 2017
Marilyn Odendahl
The Affordable Care Act brought a sea change to the health care industry, and whatever replaces it is expected to bring another. Attorneys practicing health care law or with clients greatly impacted by the rules and regulations of the ACA are scrambling to stay afloat.
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Supreme Court to hear HHGregg, managers’ incentive fight

February 22, 2017
Dave Stafford
The Indiana Supreme Court will hear a case Feb. 23 in which a trial court and the Indiana Court of Appeals reached opposite conclusions about whether key HHGregg managers were entitled to incentive bonuses triggered by the company’s receipt of $40 million from an executive’s life insurance proceeds.
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Deadline approaches to apply for Indiana Supreme Court

February 21, 2017
 Associated Press
The deadline for attorneys to apply to become an Indiana Supreme Court justice is noon on March 3.
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COA reverses drug convictions for lack of police inventory regulation

February 21, 2017
Olivia Covington
The Indiana Court of Appeals vacated a Putnam County man’s drug conviction Tuesday after finding that police officers were not following proper protocol when they searched the man’s vehicle.
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  1. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  2. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

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  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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