Latest News

Professor says verdict highlights need for Congress to revisit terrorism law

February 24, 2015
Marilyn Odendahl
A historic $218.5 million verdict handed down Feb. 23 against Palestinian organizations for a series of terrorist attacks that killed or injured several U.S. citizens could bring unintended consequences and should cause Congress to reexamine federal terrorism statutes, according to a prominent Indiana legal scholar.
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Lease doesn't bar dentist's slip-and-fall suit against landlord

February 24, 2015
Dave Stafford
A dentist who slipped and fell on a patch of ice outside his office may pursue a negligence and personal-injury lawsuit against his professional corporation’s landlord, the Court of Appeals affirmed Tuesday.
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GOP-led Senate advances bill protecting religious objections

February 24, 2015
 Associated Press
A proposal that supporters say would allow people with strong religious beliefs to not provide services for same-sex weddings has been approved by the Indiana Senate.
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Legislator: Sunday alcohol bill 'did not have the votes'

February 24, 2015
 Associated Press
Indiana will keep the distinction of being the last state with a "blue law" banning Sunday carry-out alcohol sales after the sponsor of a bill that would have lifted the ban said Tuesday the measure is dead.
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Attorney: Settlement reached in parasailing crash lawsuit

February 24, 2015
 Associated Press
An attorney for two Indiana teenagers who were seriously injured in a Florida parasailing crash says a settlement has been reached in a lawsuit filed by one of the victim's parents.
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Indiana House backs repeal of state construction wage law

February 24, 2015
 Associated Press
The Indiana House on Monday approved a Republican-led push for eliminating the state system that sets wages for public construction projects, although its fate in the state Senate is uncertain.
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Council members: Delay justice center decision until after election

February 23, 2015
Kathleen McLaughlin, IBJ Staff
The odds the Indianapolis City-County Council will approve plans for a new criminal justice center this year are tanking fast.
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Menard: Toss Hilberts' attorneys for wrongdoing

February 23, 2015
IBJ Staff, J.K. Wall
Lawyers for Indianapolis power couple Steve and Tomisue Hilbert are slinging “ludicrous allegations” of witness tampering just to cover up their own wrongdoing, according to the latest broadside from the attorneys representing John Menard, the Hilberts’ former business partner.
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Friedlander to resign from Court of Appeals

February 23, 2015
Dave Stafford
Indiana Court of Appeals Judge Ezra Friedlander will retire in August, the court announced Monday, about a year-and-a-half before he would have faced mandatory retirement.
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Justices won’t give lawyers access to secret court records

February 23, 2015
 Associated Press
The Supreme Court of the United States will not consider giving a man accused of trying to ignite a bomb in downtown Chicago access to secret intelligence-court records.
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Report: Ex-Purdue chancellor’s forced retirement bungled

February 23, 2015
 Associated Press
A newly released report that Purdue University had fought in court to keep secret concluded that school officials bungled the forced retirement of Indiana-Purdue Fort Wayne's former chancellor, causing his departure to turn into an “ugly situation.”
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Lawmakers poised to vote on allowing Sunday alcohol sales

February 23, 2015
 Associated Press
State lawmakers are poised to vote on bills to legalize Sunday carry-out alcohol sales and repeal Indiana's law that sets wages for public construction projects.
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7th Circuit reverses denial of disability benefits

February 20, 2015
Dave Stafford
An administrative law judge’s denial of Social Security disability benefits for a man who the Veterans Administration determined was totally disabled cannot be sustained, the 7th Circuit Court of Appeals ruled Friday.
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COA finds dual conviction violated double jeopardy

February 20, 2015
Marilyn Odendahl
On a sua sponte review, the Indiana Court of Appeals overturned one conviction of a Hamilton County woman who was found guilty of charges surrounding the death of an infant in her care.
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Appeals court opens RX database to defendant’s subpoena

February 20, 2015
Dave Stafford
A woman charged with possession of a controlled substance who claimed she had a prescription may seek information from the state prescription database, the Indiana Court of Appeals held in a reversal.
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Opinions Feb. 20, 2015 ILD

February 20, 2015
Indiana Court of Appeals
Kevin Watson v. State of Indiana (mem. dec.)
49A02-1408-CR-536
Criminal. Affirms Watson’s conviction of Class A misdemeanor battery after a fight with his half-sister. Concludes that evidence is sufficient to rebut his self-defense claim.

In the Matter of: E.A., Jr., Child in need of Services, and E.A., Sr. (Father) and N.A. (Stepmother) v. The Indiana Department of Child Services (mem. dec.)
20A03-1410-JC-360
Juvenile CHINS. Remands to the trial court for more specific findings regarding its reasoning for the adjudication of E.A. as a child in need of services.

Larry Marshall v. State of Indiana (mem. dec.)
48A02-1406-CR-459
Criminal. Affirms the revocation of Marshall’s two-year work-release placement and two-year suspended sentence and the order for him to serve his sentence in the Indiana Department of Correction.  

Danny Lewis v. State of Indiana (mem. dec.)
29A04-1409-CR-440
Criminal. Affirms conviction of one count of invasion of privacy, as a Class A misdemeanor.

Keytron W. Johnson v. State of Indiana (mem. dec.)
02A05-1408-CR-370
Criminal. Reverses and remands the trial court’s denial of Johnson’s pro se petition seeking credit time for completing various education programs. Concludes the denial was premature and contrary to the procedure established in the post-conviction rules.  

David A. Brewster v. State of Indiana (mem. dec.)
01A02-1408-CR-559
Criminal. Affirms four-and-a-half-year sentence for pleading guilty to domestic battery, a Class D felony; disorderly conduct, a Class B misdemeanor under Cause Number 138; domestic battery, a Class D felony; and invasion of privacy, a Class A misdemeanor under Cause Number 184.

Troy Shawn Meyers v. State of Indiana (mem. dec.)
45A03-1405-CR-176
Criminal. Affirms conviction of Class C felony involuntary manslaughter.

Jesse Edward Atwood v. State of Indiana (mem. dec.)
73A01-1407-CR-324
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct stemming from a physical altercation between Atwood and another jail inmate.

Imari Butler v. State of Indiana (mem. dec.)
49A04-1406-CR-284
Criminal. Affirms Butler’s adjudication as a habitual offender.

Charles M. Woolsey v. State of Indiana (mem. dec.)
19A01-1407-CR-301
Criminal. Reverses summary denial of Woolsey’s petition for post-conviction relief. Finds Woolsey pleaded sufficient facts to raise an issue of possible merit. Remands for further proceedings on his ineffective assistance of counsel claim.

 

 
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Tax Court affirms denial of exemptions on lake property

February 20, 2015
Dave Stafford
A Lake Wawasee homeowners association failed to persuade the Indiana Tax Court to overturn Board of Tax Review denials of exemptions for waterfront property it claimed was maintained to retain and preserve the natural characteristics of land and water.
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Absence of evidence douses tobacco charge

February 20, 2015
Marilyn Odendahl
An Indiana inmate’s punishment for allegedly trafficking in tobacco was snuffed out when the 7th Circuit Court of Appeals found he was convicted without evidence of guilt.
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Texas attorney general argues gay couple's marriage is void

February 20, 2015
 Associated Press
As a newlywed lesbian couple in Texas celebrate defying a statewide ban on gay marriage, the state's Republican attorney general is preparing to tell a court Friday why it should rule their nuptials invalid.
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House rejects changes to Sunday alcohol sales bill

February 20, 2015
 Associated Press
An effort to dial back proposed restrictions on grocery, convenience and drug stores in a bill that would legalize Sunday carryout alcohol sales was narrowly defeated Thursday in the Indiana House of Representatives.
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COA returns housewares theft case to trial court

February 19, 2015
Marilyn Odendahl
A department store sales clerk who was convicted of two counts of theft is entitled to a rebate on her convictions and restitution amount, the Indiana Court of Appeals has ruled.
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COA looks to Illinois for guidance on admission of naprapath’s testimony

February 19, 2015
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals found that a naprapath licensed in Illinois could testify about a woman’s injuries following a slip and fall.
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Judges rule father may tell daughter he's her dad

February 19, 2015
Dave Stafford
An out-of-state father may tell his 6-year-old daughter that he is her dad, the Indiana Court of Appeals ruled Thursday in reversing that part of a trial court's orders.
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Bill banning abortion due to gender, disability advances

February 19, 2015
 Associated Press
Indiana would prohibit abortions based on fetal disabilities such as Down syndrome under a bill endorsed Wednesday by an Indiana legislative committee, after women who faced such pregnancies spoke on each side of the issue.
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Indiana panel sidetracks US constitutional convention call

February 19, 2015
 Associated Press
The conservative cause asking states to call the first constitutional convention since the nation's founding is facing some skepticism among Indiana legislators.
More
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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