Courts

Northern District judge tosses challenge to Indiana immigration law

August 15, 2013
Marilyn Odendahl
A federal judge has dismissed a lawsuit challenging portions of Indiana’s immigration law passed in 2011.
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Massa stays in Rockport power plant case over calls for recusal

August 14, 2013
Dave Stafford
Indiana Supreme Court Justice Mark Massa on Wednesday denied a formal motion arguing that he should recuse himself from a pending case concerning the controversial Rockport power plant. The project is backed by a longtime friend of Massa and former aide to Gov. Mitch Daniels, whose administration championed the project.
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Community-caretaking duties permits warrantless search

August 14, 2013
Marilyn Odendahl
A warrantless search that led to discovery of marijuana and a handgun did not violate the Fourth Amendment because the police found the items as part of their “community-caretaking” duties.
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Charge dismissed in error negates felony DUI enhancement

August 14, 2013
Dave Stafford
The state’s errant dismissal of a misdemeanor drunken-driving charge in 2009 may not be corrected in order to enhance to a felony a defendant’s second such charge within five years, a divided panel of the Indiana Court of Appeals ruled.
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Man still drunk despite change in public intoxication statute, COA rules

August 14, 2013
Dave Stafford
A 2012 change in Indiana’s public intoxication statute adding a required charging element of at least harassing, annoying or alarming another person doesn’t negate a conviction for a man who the Indiana Court of Appeals ruled did at least that much.
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Environmental groups ask Massa to recuse from Rockport case

August 14, 2013
Dave Stafford
Justice Mark Massa should recuse himself from hearing an Indiana Supreme Court appeal of a ruling that hindered a proposed multi-billion-dollar coal gasification plant in Rockport, several environmental and consumer groups argue in a brief filed in the case.
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State commission studying services for children sets first meeting

August 14, 2013
IL Staff
A commission created last year by the Legislature to better coordinate services for children will hold its first meeting Aug. 21.
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Shuai case resolved, thorny legal issues remain

August 14, 2013
Dave Stafford
A resolution that spared Bei Bei Shuai more jail time and dropped murder and attempted feticide charges filed after the death of her newborn daughter did little to clarify the state of the law under which she was prosecuted.
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Nigerian immigrant's religious discrimination suit carries cautions for employers

August 14, 2013
Dave Stafford
Sikiru Adeyeye had a mission when his father died in Nigeria three years ago. Letters to his employer asking to take one week of paid vacation and several weeks off without pay expressed the urgency of his obligation.
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Lawyer's report sounds latest alarm about Marion County Small Claims courts

August 14, 2013
Dave Stafford
Problems with Marion County’s Small Claims courts are by now well-documented. After the Wall Street Journal took note of forum shopping, creditors’ cozy relationships with some courts and other lax practices, Court of Appeals Judge John Baker and Senior Judge Betty Barteau issued a report advocating reform.
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Accused murderers likely to stay in jail awaiting trial

August 14, 2013
Marilyn Odendahl
When the Indiana Supreme Court upended 150 years of precedent concerning murder defendants, it raised eyebrows and stirred debate but, in practice, the impact of the opinion is expected to be very limited.
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Blogger attorney Ogden grilled in public discipline hearing

August 14, 2013
Dave Stafford
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours July 30 in a hearing before the Indiana Disciplinary Commission.  
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Weighing all the risks in a workers' compensation case

August 14, 2013
In A Plus Home Health Care Inc. v. Miecznikowski, the Indiana Court of Appeals confirmed that while the “positional risk doctrine” described by our Supreme Court in Milledge v. Oaks, 784 N.E.2d 926 (Ind. 2003), was defunct, the analysis of compensability of injuries under the neutral risk doctrine still applied. 983 N.E.2d 140, 143-144 (Ind. Ct. App. 2012) trans. denied, 985 N.E.2d 338 (Ind. 2013). When handling a workers’ compensation matter, practitioners need to be sure they conduct an appropriate analysis of all risk doctrines applicable to the claim.
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Pending petition for child support becomes applicable after Legislature amends statute

August 13, 2013
Marilyn Odendahl
A trial court will have to reconsider its ruling in a child support dispute in light of a state law that was changed while an appeal of the case was pending.
 
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Observation and training provided 'reasonable suspicion' to conduct traffic stop

August 13, 2013
Marilyn Odendahl
A man’s voluntary confession that he was a habitual traffic violator is admissible even though he had not broken any laws when the sheriff’s deputy pulled him over.
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Man may be retried on sex charge, but state may not amend

August 13, 2013
Dave Stafford
A man acquitted on a rape charge but whose charge of sexual misconduct with a minor ended in a hung jury and mistrial may be retried, but not on a count the state sought to amend, the Court of Appeals ruled Tuesday.
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Speedway man charged with threatening judge, attorney

August 13, 2013
Dave Stafford
A Speedway man accused of posting online death threats against a judge, an attorney and others has been charged in federal court, according to a statement from the office of Joe Hogsett, U.S. attorney for the Southern District of Indiana.
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Teachers union could pay $14M to schools under settlement

August 13, 2013
IBJ Staff, J.K. Wall
The state’s largest teachers union and its national parent organization have agreed to pay $14 million under a tentative settlement announced Tuesday morning by Indiana Secretary of State Connie Lawson and Indiana Securities Commissioner Chris Naylor.
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Ex-IURC leader’s criminal charges dropped

August 12, 2013
Dave Stafford
The former chairman of the Indiana Utility Regulatory Commission won’t face trial on felony charges stemming from an ethics scandal at the agency, a judge ruled Monday.
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Ineffective counsel claim sufficient to overcome waiver in plea agreement

August 12, 2013
Marilyn Odendahl
Despite a man’s plea agreement in which he waived his right to challenge his conviction under 28 U.S.C. 2255, the 7th Circuit Court of Appeals ruled he can seek to have his conviction overturned because the 2255 waiver does not bar his claim that his trial counsel was ineffective.
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Tax Court: Miller Pipeline lacks support for summary judgment

August 12, 2013
Dave Stafford
An Indianapolis pipeline company must proceed to trial in its bid to earn a refund of sales and use taxes, Senior Judge Thomas Fisher ruled for Indiana Tax Court.
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Conour, government agree to sale of assets

August 12, 2013
Dave Stafford
Convicted former attorney William Conour’s possessions in his foreclosed Carmel home, including original artwork and a collection of premium wine and champagne, could be sold with proceeds directed toward a court fund established for victim restitution according to a joint motion  filed in federal court.
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Time spent in federal custody does not interfere with right to speedy trial

August 9, 2013
Marilyn Odendahl
A defendant’s repeated incarcerations in other jurisdictions did not interfere with his right to a speedy trial in Indiana.
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Burglary, criminal mischief sentences double jeopardy, split COA rules

August 9, 2013
Dave Stafford
A man ordered to serve 18 years in prison will be resentenced after an Indiana Court of Appeals panel ruled Friday that his convictions of Class C felony burglary and Class A misdemeanor criminal mischief constituted double jeopardy.
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Single sewer lien not enough to bring foreclosure

August 8, 2013
Marilyn Odendahl
Despite liens against their respective properties, two homeowners will be able to keep their properties out of the county tax sale.
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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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