Courts

Ex-Chandler commission member’s lawsuit continues after COA ruling

February 26, 2015
Jennifer Nelson
The member of a town’s advisory plan commission who was appointed to a four-year term, then unanimously recalled, will be allowed to go forward with his lawsuit stemming from his removal, the Indiana Court of Appeals ruled.
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Justices: Fisherman is off the hook in grouper-tossing case

February 26, 2015
 Associated Press
A Florida fisherman convicted of tossing undersized grouper off his boat is off the hook after a divided Supreme Court ruled Wednesday that he should not have been ensnared by a law targeting accounting fraud.
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Grant of judicial review following license suspension reversed

February 26, 2015
Jennifer Nelson
Because an Indiana driver did not take advantage of an available statutory method for challenging the suspension of her license before filing a petition for judicial review, the Court of Appeals reversed the grant of judicial review that ruled in her favor.
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COA ruling revives non-union subcontractor’s Antitrust Act claim

February 26, 2015
Jennifer Nelson
A non-union subcontractor presented evidence establishing a genuine issue of material fact that the company awarded a contract to build a new school violated Indiana’s Antitrust Act by unlawfully restraining open and free competition for the public project, the Court of Appeals held Thursday.
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Lack of post-verdict motion dooms fired employee’s appeal

February 26, 2015
Jennifer Nelson
The 7th Circuit court of Appeals quickly affirmed a jury verdict against a former employee in the Lake County Auditor’s Office who claimed she was unlawfully terminated for political reasons. The ex-employee failed to file any post-verdict motions, a necessary first step for the appeals court to review the case.
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COA interprets Uniform Premarital Act for first time

February 26, 2015
Jennifer Nelson
A premarital agreement entered into by a pregnant teenage girl and her future husband who was twice her age was unconscionable when the agreement was executed in 1995, the Indiana Court of Appeals held Thursday in an issue of first impression.
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Ex-con tells judge he robbed bank to get sent back to prison

February 26, 2015
 Associated Press
An ex-convict who robbed a bank hoping he'd be sent back to prison told an Indiana judge he wanted to plead guilty only if he received the maximum 8-year sentence.
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Allen County seeks to fill upcoming magistrate vacancy

February 25, 2015
Jennifer Nelson
The Allen Superior Court is conducting a statewide search to replace retiring Magistrate Judge Jerry Ummel. The court hopes to have the new magistrate on the bench in late April.
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Marion County small claims court bill passes Senate

February 25, 2015
Dave Stafford
A proposal that would leave the long-criticized Marion County township small claims courts intact with modest changes has cleared the Indiana Senate. The bill would raise the limit on disputes from the current $6,000 to $8,000.
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COA rules lack of probable cause for warrant makes evidence inadmissible

February 25, 2015
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that a probable cause affidavit allowing police to search the home of a man suspected of manufacturing methamphetamine did not establish a confidential informant’s credibility and lacked probable cause. The majority also concluded that the good-faith exception would not be applicable in David Cartwright’s case.
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Inmate entitled to hearing on damages following public records request

February 25, 2015
Jennifer Nelson
A Marion County court should have considered a Department of Correction inmate’s claims for civil penalties and court costs against the DOC instead of dismissing the case after the DOC produced the public records the inmate sought, the Court of Appeals ruled.
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COA affirms cutting off mother’s communication with daughter

February 25, 2015
Jennifer Nelson
The court record is replete with evidence supporting a juvenile court’s decision that a teenage girl would be better off if communication and visits with her mother were terminated, the Indiana Court of Appeals held Wednesday. The girl, in foster care, often had detrimental visits with her mother.
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Judges rule counsel was not deficient, drug conviction stands

February 25, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s conviction of Class D felony possession of marijuana in excess of 30 grams after finding that the claims he wanted his attorney to raise at trial would not have prevailed.
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Lawyers arguing mental illness in murder conviction appeal

February 25, 2015
 Associated Press
The Indiana Supreme Court is set to hear an appeal of the conviction of a schizophrenic man serving a life sentence in the death of his mother.
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South Bend council urged to stop seeking police recordings

February 25, 2015
 Associated Press
Two of the four South Bend police officers whose telephone recordings are at the center of a police wiretapping case want city council members to end their pursuit of those recordings.
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Rare emergency suspension issued by Supreme Court

February 25, 2015
Dave Stafford
Merrillville attorney Robert E. Stochel spent a few nights in jail after a judge found him in contempt for his evasiveness, but so far he’s avoided criminal charges despite allegedly stealing hundreds of thousands of dollars from clients and a former associate.
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Court of Appeals finds no standing post-adoption, suggests legislative remedy

February 25, 2015
Dave Stafford
An Indiana appeals court empathized with a grandmother’s situation, but it ruled the law gave the court no choice but to strip her of visitation with her granddaughter, whose mother – the grandmother’s daughter – had died.
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Amended complaint: Marion County inmates held days after release ordered

February 25, 2015
Dave Stafford
Released inmates in Indianapolis are subjected to a “standard operating procedure” of re-arrest and being held behind bars – sometimes for days – after being acquitted, freed by a judge or posting bond, alleges an amended federal complaint filed against the Marion County Sheriff’s Department.
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Bill would let Indiana businesses battle patent trolls in state courts

February 25, 2015
Marilyn Odendahl
A bill, authored by Bedford Republican Rep. Eric Koch, would prohibit a person from asserting a bad-faith claim of patent infringement and would enable the Indiana business accused of infringing to seek remedy in state court.
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Disciplinary Actions - 2/25/15

February 25, 2015
IL Staff
Read who's been suspended or resigned recently from the Indiana bar.
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Contingency fees still help to provide access to courts

February 25, 2015
Marilyn Odendahl
Twenty-five years later, a plaintiff’s attorney says changes to statutes have impacted awards, but the system remains necessary.
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Professor says verdict highlights need for Congress to revisit terrorism law

February 24, 2015
Marilyn Odendahl
A historic $218.5 million verdict handed down Feb. 23 against Palestinian organizations for a series of terrorist attacks that killed or injured several U.S. citizens could bring unintended consequences and should cause Congress to reexamine federal terrorism statutes, according to a prominent Indiana legal scholar.
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Lease doesn't bar dentist's slip-and-fall suit against landlord

February 24, 2015
Dave Stafford
A dentist who slipped and fell on a patch of ice outside his office may pursue a negligence and personal-injury lawsuit against his professional corporation’s landlord, the Court of Appeals affirmed Tuesday.
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Attorney: Settlement reached in parasailing crash lawsuit

February 24, 2015
 Associated Press
An attorney for two Indiana teenagers who were seriously injured in a Florida parasailing crash says a settlement has been reached in a lawsuit filed by one of the victim's parents.
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Council members: Delay justice center decision until after election

February 23, 2015
Kathleen McLaughlin, IBJ Staff
The odds the Indianapolis City-County Council will approve plans for a new criminal justice center this year are tanking fast.
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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

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  3. Do you know who the sponsor of the last-minute amendment was?

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