Regional News

Justices accept certified question on misdemeanor voting

February 24, 2011
Jennifer Nelson
The Indiana Supreme Court has taken a question proposed by a federal court in a suit challenging the law that prevents voting by people with misdemeanor convictions.
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Race for LACE to benefit Kenya legal aid clinic

February 23, 2011
Rebecca Berfanger
Following the success of last year’s Race for LACE to support the Legal Aid Centre of Eldoret, Kenya, organizers are seeking participants for this year’s event that coincides with the 5K race held with the OneAmerica 500 Festival Mini-Marathon on May 7.
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Justices appoint pro temp judge for Marion County traffic court

February 22, 2011
IL Staff
The Indiana Supreme Court has appointed Indianapolis attorney Jane H. Conley as Judge Pro Tempore in Marion Superior Court, according to a Feb. 16 order posted on the court’s website this week.
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Judges reverse summary judgment for agent, partner

February 21, 2011
Jennifer Nelson
A case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question without the aid of previous interpretations because of a lack of previous caselaw interpreting them.
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Poverty law event at IU-Indy March 1

February 21, 2011
IL Staff
The Indiana University School of Law – Indianapolis, Neighborhood Christian Legal Clinic, and the Central Indiana Peace Corps Association are hosting a poverty law event that will discuss issues facing American families.
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Judges address first impression issue on attorney fees

February 18, 2011
Jennifer Nelson
For the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
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Justices adopt COA adoption holding, invite attorney fee motions

February 17, 2011
Michael Hoskins
The Indiana Supreme Court has granted transfer on a St. Joseph County adoption case and fully adopted a holding by the state’s intermediate appellate court. In doing so, the state justices invited the prevailing biological mother to request attorney fees because of what it found to be possible frivolous or bad faith efforts.
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Fair Finance trustee sues Indy attorney for $375,000

February 15, 2011
Greg Andrews
The bankruptcy trustee for Fair Finance Co. has filed a lawsuit against Indianapolis attorney Stephen Plopper and his wife, saying they defaulted on a 2003 loan from the defunct Tim Durham-owned business and now owe $375,000.
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Justices find statute doesn't apply to landfill facility

February 10, 2011
Jennifer Nelson
The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.
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Appeals court reverses summary judgment for pharmacist, CVS

February 10, 2011
Jennifer Nelson
The Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment in favor of the drug store and pharmacist in a negligence suit.
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Man gets 10 years for human trafficking

February 10, 2011
Jennifer Nelson
The first person convicted of human trafficking in Marion County has received 10 years on the charge.
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Justices uphold modification of physical custody to father

February 8, 2011
Jennifer Nelson
A majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to support the modification.
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Fundraiser to benefit Legal Aid in Tippecanoe County

February 8, 2011
IL Staff
The Legal Aid Outback lunch and auction will be held Feb. 23 at Outback Steakhouse in Lafayette. Proceeds from the event benefit Legal Aid Corporation of Tippecanoe County, a nonprofit that provides low-cost legal assistance to low-income county residents on family law matters.
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Justices to hear negligence case at IU-Indy

February 7, 2011
IL Staff
The Indiana Supreme Court will hold oral arguments in a case alleging negligence against the Putnam County sheriff Tuesday at Indiana University School of Law - Indianapolis.
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Justices order man to be re-sentenced

February 3, 2011
Jennifer Nelson
A man who received 50 years for murder should be re-sentenced because of conflicting amendments involving the penalty for murder at the time the judge handed down the sentence, the Indiana Supreme Court ruled today.
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Unified courts, judicial nomination bills move

February 3, 2011
Jennifer Nelson
Several bills of impact on the courts saw action this week before the Indiana General Assembly shut down for two days after a winter storm hit the state.
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Hammond District court closed Thursday

February 3, 2011
IL Staff
The Clerk’s Office and Hammond District Court in the U.S. District Court, Northern District of Indiana remain closed Thursday due to weather conditions.
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Knightstown Town Court judge resigns, New Castle lawyer takes bench

February 2, 2011
IL Staff

Knightstown Town City Judge Lewis Hayden Butler resigned from the bench on Monday and the Indiana Supreme Court has appointed New Castle attorney Joseph Lansinger to take that seat.

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Justices' split reinstates COA annexation ruling

February 2, 2011
Michael Hoskins
A split decision by the Indiana Supreme Court on an annexation battle between Greenwood and Bargersville means a lower appellate panel’s decision is reinstated and the city takes a win in the 29-month legal battle that has statewide implications.
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Many courts shut down due to weather

February 2, 2011
IL Staff
Several courts around the state are closed today after heavy snow and ice hit Indiana this week. The weather has even caused the Indiana General Assembly to postpone hearings for a second day.
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Indianapolis federal court on 2-hour delay

February 2, 2011
IL Staff
The Indianapolis Division of the U.S. District Court, Southern District of Indiana will open for business at 10:30 a.m. Wednesday. The court had closed early Tuesday because of a winter storm bringing snow and ice to Indiana.
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7th Circuit extends search, detainment precedent

February 1, 2011
Michael Hoskins
More than two decades ago, the 7th Circuit Court of Appeals said that a higher precedent allowed not only residents of a home being searched to be detained, but also that visitors to that location could be detained.
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Appeals court rules on Ohio River phone-stalking case

January 28, 2011
Michael Hoskins
The Indiana Court of Appeals has reaffirmed its standing that prosecutors can’t elevate a misdemeanor crime to a felony if the defendant didn’t know the victim worked in law enforcement.
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Marion County has first human trafficking conviction

January 26, 2011
IL Staff
The conviction of a man on human trafficking charges Tuesday is the first time the Marion County Prosecutor’s Office has convicted someone on that charge since the state’s human trafficking law was enacted in 2007.
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Law firm files class-action lawsuit for estate planning UPL

January 25, 2011
Michael Hoskins
A Logansport law firm has filed a class-action lawsuit against an Indianapolis company that the state’s highest court last year determined engaged in the Unauthorized Practice of Law, suing on behalf of thousands of residents for what attorneys estimate could be $10 million to $20 million in damages.
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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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