Courts

Criticism of judge results in discipline case

May 22, 2013
Dave Stafford
Indianapolis attorney and blogger Paul Ogden speaks his mind, sometimes to his disadvantage, he concedes. Now he could lose his law license because of things he wrote.
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Lawsuit threatens NCAA's amateur business model

May 22, 2013
Anthony Schoettle
The NCAA is facing a potential game-changing legal battle that has some colleges worrying their athletic budgets could be halved.
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Inbox: Court guts medical hearsay exception for children

May 22, 2013
Laurie Gray, a former prosecutor, writes about the recent Indiana Supreme Court decision's impact on medical hearsay exception for child victims.
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Supreme Court’s ruling for Monsanto described as good decision

May 22, 2013
Marilyn Odendahl
The Supreme Court of the United States decision upholding the patent owned by Monsanto Co. was surprising only in its unanimous affirmation.
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Disciplinary Actions - 5/22/13

May 22, 2013
Read who's been suspended and who has resigned from the Indiana bar.
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Memorable moments from the 7th Circuit Bar Association and Judicial Conference of the 7th Circuit

May 22, 2013
Marilyn Odendahl, Dave Stafford
Here are some highlights from the recent 7th Circuit Bar and Judicial Conference in Indianapolis.
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Carr investiture completes bankruptcy court transition

May 22, 2013
Dave Stafford
Judge James Carr, right, takes the oath May 14 as the newest member of the Bankruptcy Court for the Southern District of Indiana.
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Feds charge 5 in Indy Land Bank kickback scheme

May 21, 2013
Cory Schouten
Federal prosecutors have charged two Indianapolis city employees in the Department of Metropolitan Development and three others in a scheme involving cash kickbacks on the sale of properties in the Indy Land Bank.
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Casino patron hurt in fall on ice has self to blame, appeals court rules

May 21, 2013
Dave Stafford
A casino patron who passed beneath caution tape and then broke his pelvis in a fall on a snowy and icy parking surface lost his appeal challenging summary judgment in favor of the casino, which had cordoned off that portion of a parking deck.
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Juvenile reversal sets new conditional admissions standard

May 21, 2013
Dave Stafford

A Court of Appeals panel on Tuesday reversed a ruling in a juvenile case and set a new standard for how juvenile judges must handle conditional admission agreements when probable cause is disputed.

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BMV ‘may have inadvertently overcharged’ for licenses

May 21, 2013
IL Staff
The Bureau of Motor Vehicles acknowledged in response to a multi-million-dollar class-action lawsuit that it “may have inadvertently overcharged” Indiana residents for driver’s licenses.
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Conour has until week’s end to recoup missing assets

May 21, 2013
Dave Stafford
Former personal injury attorney William Conour on Monday was granted a few more days to comply with a court order to reacquire assets he dissipated in violation of bond conditions pending his federal wire fraud trial.
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'Pleading the Fifth' not the same as admitting to criminal act

May 20, 2013
Marilyn Odendahl
A reference made during a trial to “pleading the Fifth” is not an admission of a crime and, therefore, by itself is not grounds for a mistrial, the Indiana Court of Appeals has ruled.
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Lengthy gun sentence affirmed in 2011 hotel standoff

May 20, 2013
Dave Stafford
A federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase, assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August 2011.
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Court rules county may re-establish hospital building fund

May 20, 2013
Dave Stafford
Jasper County was improperly denied the ability to establish a cumulative building fund and tax levy to enlarge and remodel a hospital, the Indiana Tax Court ruled.
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7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case

May 20, 2013
Dave Stafford
An Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be resentenced.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years

May 20, 2013
Dave Stafford
Indianapolis attorney Arthur J. Usher IV’s rejected romantic advances toward a summer intern led him to have his paralegal email more than 50 attorneys a video clip purporting to depict the former intern nude in a film, according to the Indiana Supreme Court. Usher’s bid to discredit and humiliate her while she was seeking employment resulted in a three-year suspension on Friday.
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Judges restate: no guns in City-County Building

May 17, 2013
Dave Stafford
A 2007 order banning guns and weapons from the Indianapolis City-County Building that houses most of Marion County’s Circuit and Superior courts remains in force despite questions raised after the Indiana Legislature widely voided local gun regulations.
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Class A felony sentences not inappropriate under Appellate Rule 7(B)

May 17, 2013
Marilyn Odendahl
Two convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were not inappropriate under Appellate Rule 7(B).
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Justices block Schiralli’s Lake County bench transfer

May 17, 2013
Dave Stafford
The Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge Mary Beth Bonaventura after her appointment to head the Department of Child Services.
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Bailiff’s communication with juror leads to reversal of convictions

May 16, 2013
Jennifer Nelson
The bailiff at a man’s trial for criminal recklessness and resisting law enforcement improperly communicated with the jury foreperson regarding reaching a verdict, leading the Indiana Court of Appeals to reverse Jason Lee Sowers’ convictions.
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COA: Man knowingly pleaded guilty to fraud charge

May 16, 2013
Jennifer Nelson
A post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to the separate charges in one agreement.
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COA rules for first time on retroactivity of Mineral Lapse Act

May 15, 2013
Jennifer Nelson
The Indiana Court of Appeals has held that a portion of the Mineral Lapse Act is limited in its retroactive application to only the 20-year period immediately proceeding the Sept. 2, 1971, effective date of the Act.
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Court reform grant applications due July 1

May 15, 2013
Jennifer Nelson
Courts that would like financial help to implement recommended improvements have until July 1 to apply for grants from the Division of State Court Administration.
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Justices rule in favor of Vincennes Girl Scouts in dispute over camp

May 14, 2013
Jennifer Nelson
Indiana Code 32-17-10-2 is unconstitutional as applied retroactively to a land-use restriction in a Vincennes Girl Scout organization’s deed requiring an Illinois Girl Scout group to use deeded land as a camp for 49 years.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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