Courts

Appeals court remands grandparents’ visitation order

January 13, 2015
Dave Stafford
Grandparents rightly were awarded visitation with their granddaughter after their daughter died, but the Court of Appeals ruled Tuesday a trial court abused its discretion in establishing the amount of time grandparents could spend with the child.
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Judge cuts damages for teacher fired for in vitro treatment

January 13, 2015
 Associated Press
A federal judge has cut by more than two-thirds the damages awarded to an Indiana teacher who was fired by a Roman Catholic diocese for trying to get pregnant through in vitro fertilization.
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Justices to hear appeal of man convicted in son-in-law’s stabbing

January 12, 2015
Dave Stafford
The Indiana Supreme Court has added to its docket a case that split the Court of Appeals over whether allegedly inconsistent statements of a man stabbed by his father-in-law should have been admitted.
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COA: County Commissioners can’t amend fire district ordinance

January 12, 2015
Dave Stafford
Brown County commissioners who created a countywide fire district lost an appeal of a trial court order saying they had no authority to later amend the ordinance that had created the district.
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Title conveyance travels winding road but COA finds owner

January 12, 2015
Marilyn Odendahl
A fresh batch of legal questions are headed to the Wabash Circuit Court for resolution after the Indiana Court of Appeals found feuding neighbors were not co-owners of a lane that connects to all their properties.
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Justices appear to favor small church over sign law

January 12, 2015
 Associated Press
The Supreme Court of the United States on Monday appeared likely to side with a small church in its fight with a Phoenix suburb over limits on roadside signs directing people to Sunday services.
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Tennessee company sues Tippecanoe County over proposed quarry

January 9, 2015
 Associated Press
A Tennessee company has sued officials in Tippecanoe County, saying they didn't have the authority to pass an ordinance meant to block a proposed limestone quarry project along the Wabash River.
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Second Indy township official charged with embezzlement

January 9, 2015
 Associated Press, IL Staff
Federal prosecutors have charged a Center Township official in Indianapolis with embezzling tens of thousands of dollars in Social Security payments intended for disabled and elderly recipients.
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Appeals court affirms cocaine-dealing conviction

January 9, 2015
Dave Stafford
A man convicted of Class A felony dealing cocaine and adjudicated a habitual substance offender couldn’t persuade the Indiana Court of Appeals that he was deprived of a speedy trial or that the evidence against him was improperly admitted or insufficient.
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CNBC’s ‘American Greed’ puts focus on Conour as appeal proceeds

January 9, 2015
Dave Stafford
The CNBC program “American Greed,” which bills itself as a “shocking true crime series (that) examines the dark side of the American Dream,” has taped an episode profiling former Indianapolis lawyer and convicted fraudster William Conour.
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Court properly excluded evidence regarding victim’s truthfulness

January 8, 2015
Jennifer Nelson
The trial court was correct to exclude evidence of specific instances from a woman regarding the truthfulness of her son, the victim of a sex crime, the Indiana Supreme Court ruled Thursday. That evidence is prohibited by Indiana Evidence Rule 608.
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COA reverses domestic violence determination due to Blakely violation

January 8, 2015
Jennifer Nelson
A trial court committed fundamental error when it determined a man convicted by a jury of Class A misdemeanor battery committed a crime of domestic violence, the Indiana Court of Appeals held Thursday.
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Housing agency, not court, ordered banned woman from properties

January 8, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a woman’s argument that the court imposed as part of her trespass sentence an order to stay away from any properties owned by the Indianapolis Housing Agency.
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ALJ’s numerous errors require denial of benefits reversed

January 8, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the decision of a federal judge to uphold the denial of a man’s request for disability insurance benefits. The appeals court held that an administrative law judge made a number of errors when considering the record.
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Judge grants motion to make nonsurgical abortion ruling final

January 7, 2015
IL Staff
A federal judge has granted the state and plaintiff’s joint motion to make final her December ruling that a 2013 law regarding nonsurgical abortion clinics violates the Equal Protection Clause.
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Parties ask for December nonsurgical abortion ruling to be made final

January 7, 2015
IL Staff
Attorneys for the state of Indiana and Planned Parenthood of Indiana and Kentucky filed a joint motion Tuesday requesting a federal judge make final her Dec. 3 ruling that found a 2013 law regulating nonsurgical abortion clinics violated the Equal Protection Clause.
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Judge dissents on reversal of CHINS adjudication

January 7, 2015
Jennifer Nelson
A father who claimed his due process rights were violated when his daughter was adjudicated as a child in need of services before the conclusion of a fact-finding hearing won his appeal before the Court of Appeals Wednesday. But one judge believed that the trial court correctly found the girl to be a CHINS.
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Panel split over whether man needed to be involuntarily committed

January 7, 2015
Jennifer Nelson
A panel of the Indiana Court of Appeals Wednesday was divided over whether sufficient evidence was presented to justify that a mentally ill man was a danger to himself or others and thus needed to be involuntarily committed.
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Civil Rights Commission exceeded authority in upholding complaint

January 6, 2015
Marilyn Odendahl
Finding the Indiana Civil Rights Commission overstepped its authority, the Indiana Supreme Court has vacated the organization’s final order regarding an “intra-group squabble” over a dinner menu.
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First impression: Suspect’s recorded talk in police car admissible

January 6, 2015
Dave Stafford
What a South Bend man said to another suspect while they were alone in the back of a police cruiser was recorded by an in-car video camera and properly presented to a federal jury, a panel of judges decided in a matter of first impression for the 7th Circuit Court of Appeals.
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Rush’s debut State of the Judiciary address set

January 6, 2015
IL Staff
Indiana Chief Justice Loretta Rush will deliver her first State of the Judiciary address before a joint session of the General Assembly next week.
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Dershowitz denies underage sex claims

January 6, 2015
 Associated Press
Prominent criminal defense lawyer Alan Dershowitz has filed a detailed denial of a woman’s claims in a Miami federal court that he had sexual contact with her when she was underage in a case also involving Britain’s Prince Andrew.
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Bill seeks to give Indiana appellate judges more time on the bench

January 5, 2015
Marilyn Odendahl
Sen. James Buck is again pushing to increase the mandatory retirement age for Indiana appellate judges.
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Competency could be key for death penalty in Indiana case

January 5, 2015
 Associated Press
Indiana law experts say the mental health of a northwestern Indiana man charged with strangling two women and suspected of killing five others could complicate the case but shouldn't prevent the state from seeking the death penalty.
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7th Circuit dismisses case because dispute arose after lawsuit was filed

January 5, 2015
Marilyn Odendahl
A man who claimed State Farm Insurance Co. owed him a higher rate of interest and attorney fees had his case dismissed because the controversy did not exist when the lawsuit began.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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