Courts

Boston bombing jury has question hours into deliberations

May 14, 2015
 Associated Press
Jurors considering the fate of Boston Marathon bomber Dzhokhar Tsarnaev asked a complicated question Thursday on the first full day of deliberations.
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Mother’s battery on teen not protected by parental privilege

May 13, 2015
Jennifer Nelson
The Indiana Court of Appeals on Wednesday upheld a mother’s misdemeanor battery conviction for hitting her daughter nearly 20 times with a belt after previous discipline did not stop the teen from communicating with boys on social media.
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Teen’s rights not violated by search of sweatshirt

May 13, 2015
Jennifer Nelson
A Marion County teen’s constitutional rights were not violated when a police officer responding to a report of a teen in a black hooded sweatshirt with a gun opened a similar sweatshirt next to the teen and found a gun, the Indiana Court of Appeals held Wednesday.
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Justices order hearing on whether to temporarily admit out-of-state lawyers

May 13, 2015
Jennifer Nelson
A Lake County court erred when it relied on a local rule to determine that five out-of-state attorneys should not be granted pro hac vice admission because the party seeking their admission could potentially hire capable Indiana attorneys to provide the franchise law work, the Indiana Supreme Court ruled Tuesday.
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Tax Court: Assessor did not comport with notice requirements for back taxes

May 13, 2015
Jennifer Nelson
Although the Grant County assessor was authorized to assess two subject properties under I.C. 6-1.1-9-1, which allows for retroactive assessment, the assessor did not give the taxpayer sufficient notice of certain assessments, the Indiana Tax Court ruled Tuesday.
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Man not entitled to separate molestation trials, justices hold

May 13, 2015
Jennifer Nelson
The Indiana Supreme Court on Tuesday rejected a man's argument that he was entitled to three separate trials on the allegations he molested his three granddaughters. In doing so, two justices said they believe the Supreme Court needs to give more guidance on motions to sever.
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Justices reverse CHINS finding, noting father coerced to admit adjudication

May 13, 2015
Jennifer Nelson
Because a Marion Superior Court judge's remarks and conduct in their cumulative effect breached the court's duty of impartiality and amounted to coercion of a 17-year-old girl's father to admit she was a child in need of services, the Indiana Supreme Court reversed the CHINS adjudication.
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Legal network to confer in Indianapolis

May 13, 2015
IL Staff
About 40 attorneys from midsized, general practice law firms around the country and a handful of global lawyers will gather for the Legal Netlink Alliance spring convention beginning Thursday in Indianapolis.
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Former Indiana police chief gets 2 years for stealing cash

May 13, 2015
 Associated Press
The former police chief of a southeastern Indiana city has been sentenced to two years in prison for stealing $75,000 in cash that officers seized during criminal investigations.
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Indiana senator calls for judicial nominating commission

May 13, 2015
Marilyn Odendahl
Sen. Dan Coats is calling for the appointment of a commission to assist in finding and nominating candidates for the vacancies on the federal bench.  
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Wife of Indiana judge charged with sending him threats

May 13, 2015
 Associated Press
The wife of an Indiana Court of Appeals judge is accused of sending her husband threatening messages in a scheme to make it appear that their son-in-law was terrorizing the family.
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Landowners not prejudiced by approval of wind turbine project

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed that landowners in Wells County who lived next to property that will house wind turbines were not prejudiced by the zoning decision to allow the project to proceed.
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COA issues new opinion in bail case involving self-defense claim

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals has issued a new opinion in its decision involving a man charged with murder who sought to be released on bail, but was denied. The judges again held that James Satterfield should be allowed to present evidence of self-defense at a new bail hearing.
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SEC hits ITT Educational, execs with fraud charges

May 12, 2015
IBJ Staff, J.K. Wall
The Securities and Exchange Commission is suing ITT Educational Services Inc. and its top two executives for fraud, the agency announced Tuesday.
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Journey’s Account Statute does not save woman’s complaint against DOC

May 12, 2015
Jennifer Nelson
A transgendered inmate of the Department of Correction lost before the Court of Appeals in a case seeking personal injury damages from the DOC. The inmate's instant complaint is time-barred and not saved by the Journey's Account Statute, the COA held.
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Revised sentencing statute not applicable to defendant, COA holds

May 12, 2015
Jennifer Nelson
Because a man committed his crime in 1999, well before the effective date of the new Indiana criminal code, the new sentencing statute does not apply to him, the Indiana Court of Appeals held Tuesday.
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Woman’s lien takes priority in property sold at tax sale

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals determined Tuesday that a woman who obtained a judgment lien in 2006 against a co-owner of a property later sold in a tax sale has priority over other claims for the tax sale surplus and that she made a timely claim for the surplus.
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Outlaws member had no legal interest in forfeited properties

May 12, 2015
Jennifer Nelson
A member of the Outlaws Motorcycle Club who claimed an interest in property forfeited to the government after two fellow members pleaded guilty to racketeering charges did not have an interest under the law, the 7th Circuit Court of Appeals affirmed Monday.
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PCR court erred in determining woman violated probation

May 11, 2015
Jennifer Nelson
A post-conviction court incorrectly calculated when a woman’s probation ended, so it erred in finding that she violated probation after the probationary period was complete, the Indiana Court of Appeals ruled.
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Indiana, not Canada, has jurisdiction over child custody dispute

May 11, 2015
Jennifer Nelson
An Indiana court retains jurisdiction over matters involving a child conceived in Indiana but born in Canada after her mother returned to Canada following the breakup of her one-month marriage to the child’s father, the Indiana Court of Appeals ruled Monday. It affirmed the award by the Indiana court that father have custody of the girl.
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Justices decline to review $1.4M verdict against Walgreen

May 11, 2015
Dave Stafford
The Indiana Supreme Court will not review a $1.4 million jury award against Walgreen Co. in favor of a woman whose private prescription records were disclosed to a third party by a pharmacist.
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Judicial estoppel does not apply to juvenile delinquency proceedings, COA rules

May 11, 2015
Jennifer Nelson
A teen who argued that the rationale for applying judicial estoppel against the state in criminal proceedings should not apply in juvenile delinquency proceedings lost his appeal Monday before the Indiana Court of Appeals.
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COA rejects former guardians’ arguments on rehearing

May 8, 2015
Jennifer Nelson
An elderly man's former temporary guardians were unable to convince the Indiana Court of Appeals that it erred in overturning an award to them of $15,000 after finding potential misconduct by the guardians.
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Court seeks comment on reappointment of federal magistrate

May 8, 2015
IL Staff
The U.S. District Court in the Northern District of Indiana wants to hear from the bar and public as to whether a current magistrate judge should be recommended for reappointment.
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Convictions upheld for man who battered girlfriend, relative at family reunion

May 7, 2015
Jennifer Nelson
The Indiana Court of Appeals found that the victim of a battery at a family reunion was related to the perpetrator under Indiana statute, so the defendant’s Level 6 felony battery conviction was affirmed Thursday.
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  1. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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