Courts

Man loses challenge to Internet access restrictions

July 9, 2013
Jennifer Nelson
A convicted sex offender’s probation condition restricting his access to certain websites and programs that are frequented by children does not violate the man’s First Amendment rights, the Indiana Court of Appeals ruled Tuesday.
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7th Circuit reverses sanctions against Plews Shadley, other firms in False Claims Act case

July 9, 2013
Jennifer Nelson
After finding that a federal court in Indianapolis erred in dismissing a former ITT Educational Services Inc. employee’s False Claims Act lawsuit, the 7th Circuit Court of Appeals reversed the nearly $350,000 in sanctions imposed against three law firms representing the woman.
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Police officer’s suit alleging retaliation for political comment survives

July 9, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has reversed summary judgment in favor of two Portage police officers and the city on a detective’s claim that he was transferred in retaliation for comments he made to a local newspaper following the mayoral primary election in 2007.
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Judge sets Conour guilty plea hearing

July 9, 2013
Dave Stafford
Former leading personal-injury attorney William Conour is scheduled to appear in court to plead guilty to a federal wire fraud charge next week.
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7th Circuit rejects ‘kitchen sink approach’ in widow’s insurance appeal

July 8, 2013
Dave Stafford
A woman whose husband died of cancer as their purchase of several Terre Haute-based car dealerships was failing is not entitled to proceeds of his life insurance policy – a policy that had been assigned as an asset in the sale of the lots – the 7th Circuit Court of Appeals ruled Monday.
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Conour enters guilty plea

July 8, 2013
Dave Stafford
Former leading personal-injury attorney William Conour has entered a guilty plea  in his federal wire fraud case.
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Defendant waived right to appeal sentence

July 3, 2013
Jennifer Nelson
Finding that a man knowingly and voluntarily waived the right to appeal the appropriateness of his concurrent 34-year sentences following a guilty plea to drug charges, the Indiana Court of Appeals affirmed his sentence.
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7th Circuit dismisses campground owner’s appeal after raising new arguments

July 3, 2013
Jennifer Nelson
A Cedar Grove campground owner’s appeal regarding the judgment that the campground is subject to the Safe Drinking Water Act raised an “interesting question,” the 7th Circuit Court of Appeals noted, but the judges dismissed the appeal because the owner raised arguments for the first time on appeal.
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Guardian may not file for divorce on behalf on incapacitated adult

July 3, 2013
Jennifer Nelson
Citing a 1951 Indiana Supreme Court case, the Court of Appeals has affirmed that the law does not allow a guardian of an incapacitated person to file a petition for divorce on behalf of the incapacitated person.
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COA split over reversing summary judgment in slip-and-fall case

July 3, 2013
Jennifer Nelson

The Indiana Court of Appeals was divided Wednesday over whether a Merrillville store failed to preserve its issue of prejudice by opposing summary judgment granted to two companies in a negligence lawsuit filed by a woman who fell on ice in front of the northern Indiana Pier 1 Imports store.

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Judges uphold sale of properties in tax sale

July 3, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a property owner’s motion for relief from judgment after his two parcels were sold in a Marion County tax sale. The man argued the notices sent by officials didn’t comply with statutory requirements and he was denied due process.
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Resisting law enforcement conviction reversed because man had no duty to stop

July 3, 2013
Jennifer Nelson
Finding police lacked reasonable suspicion and probable cause when responding to a call about a disturbance that would justify a seizure of a Marion County man, the Indiana Court of Appeals concluded Keion Gaddie was subject to an unlawful stop.
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Chief justice appoints Bloomington man to disciplinary commission

July 3, 2013
IL Staff
Chief Justice Brent Dickson has appointed Bloomington resident Kirk White to a five-year term with the Indiana Supreme Court Disciplinary Commission. White fills a vacancy created by the expiration of Richmond resident Fred Austerman’s second term.
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Ex-prosecutor pleads guilty to bribery

July 3, 2013
IL Staff
A former Marion County deputy prosecutor pleaded guilty Tuesday in an Indianapolis federal court to accepting a bribe. As part of the plea, he agreed to tell federal prosecutors what he knows about public corruption in Indianapolis.
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Settlement reached in Weinberger medical malpractice suits

July 3, 2013
Dave Stafford
Victims split $55 million, but some cases continue for former fugitive Merrillville ‘Nose Doctor.’
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SCOTUS ruling limits worker harassment claims

July 3, 2013
The case of Vance v. Ball State University hinged on the definition of 'supervisor.'
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SCOTUS decides high-profile cases in term's final weeks

July 3, 2013
IL Staff
The Supreme Court of the United States issued the final decisions of the 2012 term June 26. In addition to the Vance v. Ball State University ruling on the definition of “supervisor,” several of the decisions handed down during waning days of the term promise to have far-reaching impact.
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More attorneys are turning to online programming to get CLE credit

July 3, 2013
Marilyn Odendahl
Since 2006, Indiana attorneys have been allowed to count CLE classes offered over the Internet toward their total required continuing education hours. The popularity of online programs has been growing among lawyers primarily because of the convenience. Lawyers do not have to budget travel time into their schedules to attend a seminar.
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Disciplinary Actions - 7/3/13

July 3, 2013
IL Staff
See who's been suspended or resigned from the Indiana bar.
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Bell/Gaerte: SCOTUS guides trial courts’ involvement in plea offers

July 3, 2013
James Bell, K. Michael Gaerte
In the last term, the United States Supreme Court, in Missouri v. Frye, 132 S. Ct. 1399 (2012), took a small step toward inviting trial courts into plea negotiations.
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Canny: CLE enables paralegals to learn, grow

July 3, 2013
Cathy Canny asks why is it any less important for paralegals to obtain continuing legal education as compared to attorneys.
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Improving judicial professionalism starts in the classroom

July 3, 2013
Marilyn Odendahl
The new requirement for judges to log more continuing education hours is not seen as burden.
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Orzeske: How to stay in good standing with your CLE requirements

July 3, 2013
The Commission for Continuing Legal Education encourages attorneys to be active in obtaining education and maintaining correct contact information.
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Justices reinstate sex offender’s maximum sentence lowered by COA

July 2, 2013
Dave Stafford
The Indiana Supreme Court on Tuesday reinstated a trial court sentence that imposed maximum consecutive prison terms for a man convicted of two counts of Class B felony sexual misconduct with a minor.
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Unpaid balance bars woman from being class representative in class-action complaint

July 2, 2013
Marilyn Odendahl
Even though a trial court initially certified a class in a lawsuit, the Indiana Court of Appeals has ruled in a case of first impression that the lower court can change its mind.
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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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