Courts

Spur-of-the-moment burglary spree does not support corrupt business influence conviction

July 31, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found that an impromptu burglary spree that lasted less than 48 hours does not meet requirements for a corrupt business influence conviction.
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Blogger attorney Ogden grilled in public discipline hearing

July 31, 2013
Dave Stafford
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours Tuesday in his hearing before the Indiana Disciplinary Commission.  
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COA: Lingering odor of burnt marijuana does not justify warrantless search

July 31, 2013
Marilyn Odendahl
No possibility of danger or smell of marijuana was evident, and that was enough to convince the Indiana Court of Appeals to suppress evidence found during a police officer’s search of a motorist’s backpack.
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Massa mum on Rockport recusal

July 31, 2013
Dave Stafford
One of the first cases on the Indiana Supreme Court’s fall oral argument calendar also could be among its most controversial and biggest in terms of potential dollars at stake.
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Vanderburgh County requests new court magistrate

July 31, 2013
Seated alone at the table in front of the Indiana General Assembly’s Commission on Courts, Vanderburgh Circuit Judge David Kiely recently asked for a new magistrate in his court.
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No-phone zones might be called for in Indy courts

July 31, 2013
Dave Stafford
Judges in Marion County were rightly troubled recently by multiple instances of cellphone video taken in court winding up online, which included secretly recorded video of a criminal informant’s testimony.
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Stevenson: Plane crash litigation may improve travel safety

July 31, 2013
Modern airliners are filled with technology that has made flying safer than ever. According to MIT statistics professor Arnold Barnett, in the last five years, the death rate for airline passengers in the United States has been one in 45 million flights. At that rate, a passenger could fly daily for an average of 123,000 years before being involved in a fatal crash. While technology such as GPS and auto-landing systems has minimized the chance for human error, especially in poor-visibility landing conditions, there is a drawback. Asiana Flight 214 is likely to become a prime example of how technology can actually cause aviation disasters instead of preventing them. Flight 214’s collision with the seawall just short of the runway at San Francisco International Airport demonstrates what can happen when technology does not work as intended.
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Dispute over bail bonds likely to produce a legislative solution

July 31, 2013
Marilyn Odendahl
Growing tension between the bench and bail bond agents has been shoved into the spotlight at the Statehouse and could be the subject of bills introduced during the 2014 session of the Indiana General Assembly.
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Judge advocates expanding Gideon to provide lawyers in non-criminal cases

July 31, 2013
Marilyn Odendahl
While some legal scholars lament the deterioration of Gideon v. Wainwright 50 years after the landmark Supreme Court of the United States decision, Marion Superior Judge David Dreyer is calling for an expansion of the principle to include civil litigants.
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COA finds trial court acted within its discretion when calculating father’s actual income

July 30, 2013
Marilyn Odendahl
A father’s messy financial statements do not prevent a trial court from doing its own calculations and increasing his weekly child support payments, the Indiana Court of Appeals has ruled.
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Uncle has no statutory right to post-adoption visitation

July 30, 2013
Marilyn Odendahl
An uncle’s post-adoption visitation rights were overturned on the grounds that he was not within any statutory category of individuals entitled to visitation rights.
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7th Circuit: New indemnity provision does not release employer from liability

July 30, 2013
Marilyn Odendahl
An employer will have to pay $4.23 million after the 7th Circuit Court of Appeals was unconvinced by the employer’s argument that language in a later contract superseded that of an earlier contract.
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Undisputed will makes daughter’s appointment as special administrator improper

July 30, 2013
Marilyn Odendahl
Because the special administrator provision in the Indiana Code did not apply, the Indiana Court of Appeals has ruled the trial court did not abuse is discretion when it removed a special administrator of an estate without considering the state statute.
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Brizzi hit with another legal malpractice suit

July 29, 2013
Dave Stafford
Defrocked Secretary of State Charlie White has sued Carl Brizzi, the former Marion County prosecutor who represented White during a criminal case that led to his removal from office. White's lawsuit makes a claim of legal malpractice.
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7th Circuit seeks comment on pattern jury instructions

July 29, 2013
IL Staff
The 7th Circuit Court of Appeals Committee on Federal Jury Instructions is seeking comments on an ongoing basis on existing pattern jury instructions as well as suggestions for new pattern instructions.
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Judge issues gag order in Bei Bei Shuai case

July 29, 2013
Dave Stafford
The judge in the case of a woman charged with murder and attempted feticide in the death of her newborn daughter on Friday ordered prosecutors, defense attorneys and others involved in the case not to speak about it outside court.
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Attorney’s report alleges trucking school small-claims abuses

July 26, 2013
Dave Stafford
An attorney’s report examining more than 7,700 lawsuits filed by an Indianapolis-based trucking school in just two Marion County township small-claims courts alleges systemic abuses that resulted in thousands of judgments against people who may never have stepped foot in the county or the state.
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Bankruptcy Court revises Chapter 13 plan model form

July 26, 2013
IL Staff
The Bankruptcy Court for the Southern District of Indiana will require use of a revised Chapter 13 plan model form after Aug. 15, pursuant to Local Rule B-3015-1. The form is available on the court's website and may be used immediately.
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Blogger attorney’s disciplinary commission hearing to be public

July 25, 2013
Dave Stafford
Indianapolis attorney Paul Ogden’s hearing next week before the Indiana Disciplinary Commission will be open to the public after he waived confidentiality that’s customary in such proceedings.
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Judges disagree on whether Rhode Island law applies in wrongful death case

July 25, 2013
Jennifer Nelson
A Court of Appeals judge dissented from her colleagues’ decision that Rhode Island law should apply in awarding a wrongful death settlement because she believed that the Rhode Island court would have found Indiana law applies.
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7th Circuit addresses 'khat' convictions for first time

July 25, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has ruled on many types of drug cases, but was presented with a new drug to consider for the first time: “khat,” a popular drug among the Somali community.
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Sex offender not eligible to participate in county diversion program

July 25, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for judicial review after he was denied placement by the court in the Vanderburgh County Forensic Diversion Program. The COA held that there was no final administrative decision for the court to review.
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‘Am I going to need an attorney?’ is not request for attorney, rules COA

July 25, 2013
Jennifer Nelson
A suspect’s question during interrogation as to whether he’d need an attorney is not considered a request for an attorney, thus requiring police to stop interrogating him, the Indiana Court of Appeals ruled Thursday.
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COA orders court grant petition to set aside tax deed

July 25, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a trial court’s reasoning in denying a petition to set aside a tax deed that a county auditor was excused of the duties imposed under statute because compliance wouldn’t have resulted in a property owner actually receiving notice of a tax sale.
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7th Circuit: Attorney’s deficient performance prejudiced defendant

July 24, 2013
Jennifer Nelson
Finding that an appellate attorney opted for a “hopeless sufficiency challenge” instead of the obvious claim challenging the validity of an amended information that elevated a charge to murder, the 7th Circuit Court of Appeals reversed the denial by the federal court of the man’s petition for writ of habeas corpus.
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  1. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  2. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  3. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  4. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  5. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

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