Courts

Plaintiffs in bar shooting were owed protection

March 25, 2015
Marilyn Odendahl
When a customer pulled a gun and started shooting, the bar had a well-established duty to protect its other customers, the Indiana Court of Appeals has ruled.
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State statute protects taxpayers from loan dispute

March 25, 2015
Marilyn Odendahl
Ruling that taxpayers should not be penalized for a bank’s lack of diligence, the Indiana Court of Appeals has held a financial institution cannot recoup the outstanding balance on a loan for a fire truck.
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Justices spell out required 'presumption of innocence' jury instruction

March 25, 2015
Dave Stafford
A convicted murderer who didn’t receive a requested jury instruction on the presumption of innocence lost his appeal Wednesday, but the Indiana Supreme Court used the case to impart an exact instruction trial courts must use going forward upon request.
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COA reverses neglect resulting in death verdict against mom

March 25, 2015
Dave Stafford
An Indianapolis mother was wrongly convicted of neglect of a dependent child resulting in death, the Court of Appeals ruled Wednesday in reversing the jury’s verdict. Judges found evidence against Chelsea Taylor was insufficient to support the conviction.
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Bragging is admissible in court, COA rules

March 25, 2015
Marilyn Odendahl
A defendant’s statement to law enforcement that he could “read” people was a boast and not a character reference, according to the Indiana Court of Appeals, so it was admissible at trial.
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Termination of parental rights waiting period requires no services

March 25, 2015
Dave Stafford
Parents of children removed from the home for 15 of the prior 22 months before a hearing on termination of parental rights may not argue that a lack of services during that time tolls the waiting period, the Indiana Court of Appeals ruled Wednesday.
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COA reverses lease judgment for tenant, finds for landlord

March 25, 2015
Dave Stafford
A medical office that leased space from a landlord lost a judgment in its favor in a dispute over owed rent. The Indiana Court of Appeals reversed and ordered judgment in favor of the property owner.
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SCOTUS sides with ex-UPS worker who claims pregnancy bias

March 25, 2015
 Associated Press
The Supreme Court is giving a former UPS driver another chance to prove her claim of discrimination after the company did not offer her lighter duty when she was pregnant.
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Appeals court sets April hearing on Obama immigration action

March 25, 2015
 Associated Press
A court hearing has been set for April 17 on whether a temporary hold on President Barack Obama’s immigration executive action should be lifted, a federal appeals court announced Tuesday.
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Boyer selected new Allen County Small Claims Court magistrate

March 25, 2015
IL Staff
Thomas P. Boyer, a magistrate for Allen Superior Court Family Relations Division, has been named the newest magistrate judge of the Allen Superior Court Small Claims Division. Boyer replaces Magistrate Jerry Ummel, who recently announced his retirement after 27 years on the bench.
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State closes 2 businesses for unpaid taxes

March 25, 2015
IL Staff
An Indianapolis architecture firm and a Greenfield restaurant were ordered closed Tuesday because the businesses owe the state almost $900,000 combined in taxes. Indiana courts issued temporary restraining orders preventing both from transacting business.
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A lifetime of service

March 25, 2015
Dave Stafford
Imagine reviewing your bosses’ expense claims and finding something that raises red flags. Now imagine it’s your job to go to your bosses and reject their claims.
Incidentally, your bosses are judges. And there are 15 of them. You’ve just imagined one of the routine tasks of veteran Indiana Court of Appeals administrator Steve Lancaster. If you can negotiate this task and dozens of others for the court’s judges and 18 administrative staff members, you may be the person to take Lancaster’s place.
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Commemorating a legal legacy

March 25, 2015
Marilyn Odendahl
In his hometown of Evansville where he is known to friends and colleagues as “Randy,” retired Indiana Chief Justice Randall Shepard is being recognized in a way that members of the legal community say will appropriately honor his legacy. Money from private donors and legal organizations is being put toward two commemorations. The first is a plaque noting Shepard’s contributions to Indiana that will hang outside the Randall T. Shepard Courtroom in the historic Vanderburgh County Courthouse. The second is a lecture series which will bring nationally known lawyers and legal scholars to Evansville to talk about law and leadership.
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Workplace equality: Employers must be of aware court-ordered requirements

March 25, 2015
Dave Stafford
The advice labor and employment attorneys provide companies is changing in light of recent court decisions on Indiana’s laws governing same-sex marriage, and it may change again when the Supreme Court of the United States rules on the issue.
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Justices hear textbook case of errors in evidence

March 25, 2015
Dave Stafford
A man who stabbed his son-in-law and was convicted of battery with a deadly weapon argues trial court errors prevented him from presenting evidence that he acted in self-defense. The appellant claims the victim was the first to strike, whacking him with a 2-by-4 piece of lumber.
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Lawyer who tried to trade representation for sex suspended

March 24, 2015
Dave Stafford
A former Marion County public defender accused of offering to trade legal service for sex with a prostitute has been suspended from the practice of law.
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Incredible dubiosity argument does not sway Indiana Supreme Court

March 24, 2015
Marilyn Odendahl
Inconsistencies from witnesses on the details of a crime did not convince the Indiana Supreme Court to overturn a jury’s verdict that found a South Bend man guilty of two murders.
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Justices find no public school transportation mandate

March 24, 2015
Dave Stafford
A dispute over a suburban Indianapolis school system’s fees for bus service ended Tuesday with the state Supreme Court ruling that public schools are not constitutionally required to provide transportation for students.
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Justices reverse trespass conviction of man near break-in scene

March 24, 2015
Dave Stafford

The Indiana Supreme Court reversed the trespassing conviction of a man arrested by Indianapolis police who saw him running in a field near the scene of a reported break-in.

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Mistaken interpretation of law by officer created reasonable suspicion

March 24, 2015
Marilyn Odendahl
The Indiana Court of Appeals reversed its earlier reversal of a trial court ruling after the Supreme Court of the United States found that reasonable mistakes of law do not violate the Fourth Amendment.
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Divided court returns forfeited Buick to owner

March 24, 2015
Dave Stafford
A woman working at a Wal-Mart return center who helped herself to four iPhones on the way out the door wrongly had her car seized as a result of the conviction, a majority of the Indiana Supreme Court ruled Tuesday. Justices reversed lower court civil forfeiture orders.
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Lawsuit: Angie's List manipulates ratings to lift advertising

March 24, 2015
Greg Andrews, IBJ Staff
A new federal lawsuit takes aim at Angie’s List Inc. on a new front, charging that it manipulates consumer reviews, ratings and search results in the interest of extracting more advertising revenue from service providers.
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Court declines Evansville woman’s suit over flood damage

March 24, 2015
 Associated Press
The Indiana Supreme Court has declined to hear the case of an Evansville woman who sued the city over flood damage to her home that she blames on a storm sewer pipe.
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Simon wins $150M after long legal battle with 16 insurers

March 24, 2015
IBJ Staff
Simon Property Group has been awarded a major victory in a nearly five-year legal battle against 16 insurers following a flood that severely damaged one of Simon's shopping malls in May 2010.
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Ex-BMV chief, others knew about overcharges, report says

March 23, 2015
 Associated Press
Former Indiana Bureau of Motor Vehicles Commissioner R. Scott Waddell and other top officials knew for years that residents were being overcharged for driver's licenses and other fees but did nothing to stop it until a class-action lawsuit was filed in 2013, a newspaper investigation found.
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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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