Latest News

COA to travel to Wabash College

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals will hear arguments Feb. 26 at Wabash College in Crawfordsville. Judges Patricia Riley, James Kirsch, and Melissa May will hear the appeal from Monroe Circuit Court of H.D., et al. v. BHC Meadows Hospital, Inc. at 3 p.m. In this appeal, the court is asked to decide whether the Indiana Medical Malpractice Act requires a juvenile and his or her parents to bring claims from a breach of patient confidentiality before a medical review panel prior...
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Director's victims' rights work gains recognition

January 1, 2008
IL Staff
The U.S. Attorney's Office recognized the work of Jean Hahn, director of the Jennings County Council on Domestic Violence in honor of National Crime Victims' Rights Week.Hahn was awarded the 2008 U.S. Attorney's Carol S. Morris Award for Outstanding Contributions to the Rights of Victims April 18. Hahn took over the Jennings County Council on Domestic Violence when the agency was facing numerous challenges and turned the agency into a strong voice for victims of domestic and sexual violence in Jennings...
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Conspiracy, false statements convictions stand

January 1, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed the convictions of participating in a price-fixing conspiracy and making false statements to federal law enforcement of an Indianapolis man involved in a concrete price-fixing scheme. In United States of America v. Christopher A. Beaver, No. 07-1381, Beaver appealed his convictions, arguing the government failed to prove at trial a price-fixing conspiracy existed, that he joined the conspiracy, or that he made false statements. Beaver, as operations manager of Beaver Materials Corp., was one of...
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Appeals court to visit Marion, Vigo counties

January 1, 2008
IL Staff
The Indiana Court of Appeals continues to travel around the state this month, making stops in Marion and Vigo counties Tuesday. Judges Patricia Riley, James Kirsch, and Margret Robb will hear arguments in Gary and Katherine Hoesman v. Daniel Sheffler, et al., No. 77A01-0708-CV-385, at 10:30 a.m. in the Cecilian Auditorium in the Conservatory of Music Building at the St. Mary-of-the-Woods College in Vigo County. In this case, a trust's beneficiaries discovered the trust administrator had converted funds for her personal...
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District Court didn't err in Franks hearing

January 1, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals upheld a defendant's drug conviction following a Franks hearing, affirming the U.S. District Court's decision to reconsider one of its findings and to not compel the government to identify the confidential informant in the case. The case of United States of America v. Antone C. Harris, No. 07-1315, made its way back to the 7th Circuit after the federal appellate court originally remanded the case to the United States District Court, Southern District of Indiana, Indianapolis...
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Aspiring attorneys general face off: Other campaigns get the spotlight, but this one deserves a closer look

January 1, 2008
Rebecca Berfanger
With at least two very closely watched races in Indiana - governor and president - and multiple political theories about how either race will go, there's bound to be less attention paid to some of the other candidates. But with Republican Gregory Zoeller and Democrat Linda Pence up for the attorney general post and the incumbent Steve Carter not running, this race is worth another look. At stake is the oversight of the state attorney general's office, basically a very large...
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Federal judge won't overturn jury verdict

January 1, 2008
Michael Hoskins
Ruling on his first jury trial as a federal judge, U.S. District Judge Joseph Van Bokkelen declined to overturn a jury verdict in favor of a fired East Chicago worker who'd claimed she lost her job for political reasons.In an eight-page ruling on Aug. 1 in Blanca I. Camacho v. George Pabey, et al., No. 2:05-cv-456, Judge Van Bokkelen ruled that a reasonable jury had evidence to find in favor of Camacho and award her $250,000.Camacho was a restaurant inspector when...
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Social Security doesn't go toward threshold

January 1, 2008
Jennifer Nelson
Social Security benefits can't be counted toward the threshold amount of benefits that a person has to get in order to be eligible for benefits from Indiana's Second Injury Fund, the Indiana Court of Appeals ruled today.The court tackled the issue of first impression in James Kohlmeyer v. Second Injury Fund, No. 93A02-0711-EX-1000, in which James Kohlmeyer argued Social Security benefits he received after becoming permanently totally disabled as a result of a work accident should count toward the threshold dictated under...
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Justices: Act doesn't allow interest

January 1, 2008
Jennifer Nelson
Interest may not be calculated on workers' compensation benefits, including past-due medical bills, because Indiana legislation doesn't expressly allow for it, the Indiana Supreme Court ruled today. In Christopher R. Brown, D.D.S., Inc. v. Decatur County Memorial Hospital, No. 93S02-0711-EX-561, Dr. Christopher Brown appealed the decision by the full Workers' Compensation Board that he was not entitled to interest on past-due medical bills incurred from his treatment of a patient who was receiving workers' compensation benefits from Decatur County Memorial Hospital. Indiana's...
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Program focuses on schizophrenia, treatments

January 1, 2008
IL Staff
The director who oversees daily operations of services to mentally ill detainees in a Chicago jail will be the featured speaker of the program, "Choices in Recovery: Schizophrenia." Dr. Carl Alaimo, director and chief psychologist of the Department of Mental Health Services for Cermak Health Services of Cook County, Ill., will speak during a program May 8 in Greenwood. He has more than 30 years experience in the fields of mental health, chemical dependency, substance abuse treatment, and training in correctional...
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COA mulls 'fraud' in paternity affidavit statute

January 1, 2008
Michael Hoskins
A man's paternity cannot be revoked three years after he and the child's mother fraudulently signed an affidavit establishing that he's the legal father, the Indiana Court of Appeals ruled today.The court's unanimous ruling paves the way for a possible Indiana Supreme Court interpretation of this particular state statute, which this appellate panel believes was designed to protect a man's paternal rights in the event he was defrauded - not when he was the one doing the deception along with the...
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Lawyer suspended for conversion, lying

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court suspended a Vanderburgh County attorney today for at least three years for committing what the court describes as the most serious of ethical breaches.The court came to its decision In the matter of: Douglas W. Patterson, No. 82S00-0402-DI-90, as a result of Douglas Patterson's conversion of client funds, deceit in concealing his misconduct, and dishonesty with the Indiana Supreme Court Disciplinary Commission.Patterson was an associate at a law firm which maintained a trust account. In 1999, Patterson and...
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Judges disagree on registration by homeless

January 1, 2008
Jennifer Nelson
Indiana Court of Appeals judges disagreed today in an opinion in which the majority ruled that a man who claimed he was temporarily homeless should be charged with violating the Indiana statute that requires registered sex offenders to provide their new address to authorities within seven days of a move. One judge dissented, saying their ruling would make homelessness a crime.Judges L. Mark Bailey and Ezra Friedlander affirmed Daniel J. Milliner's conviction for failing to register as a sex offender and...
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Appeal dropped against Valpo clinic's client

January 1, 2008
Rebecca Berfanger
The first athlete to win an arbitration against the U.S. Anti-Doping Agency, a client of the Valparaiso University School of Law's Sports Law Clinic, has received another win. The World Anti-Doping Agency has dropped its appeal of last year's decision in favor of a record-breaking sprinter, the university announced April 22.The ruling in United States Anti-Doping Agency v. LaTasha Jenkins in Jenkin's favor was initially announced Dec. 12, 2007, and the 44-page decision was released Jan. 25, 2008, clearing her of charges...
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Head Start considered a school

January 1, 2008
Jennifer Nelson
Teachers who work for a federally funded program to help children prepare for kindergarten are not eligible under Indiana statute for unemployment during summer breaks, the Indiana Court of Appeals ruled today. In South Bend Community School Corporation v. Linda D. Lucas, No. 93A02-0705-EX-387, the majority of judges agreed with South Bend that Head Start institutions should be considered schools under Indiana statute and therefore, its teachers are not allowed to collect unemployment during the summer. Lucas works as a teacher at...
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State senator dies at home

January 1, 2008
IL Staff
State Sen. David C. Ford, R - Hartford City, died this morning in his home from complications related to pancreatic cancer. He was 59 years old. The four-term lawmaker was receiving hospice care and chemotherapy after being diagnosed with cancer in January. He kept abreast of this session via telephone and computer. In 2007, Ford served as assistant majority floor leader and chair of the Senate Committee on Economic Development and Technology. He also was a member of the Judiciary, Tax...
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Indiana chosen for non-resident father project

January 1, 2008
Jennifer Nelson
The Indiana Department of Child Services is one of four groups in the country selected to participate in a new pilot project to reach out to non-resident fathers whose children are involved in the child welfare system. DCS, in collaboration with Indiana Fathers and Families Center and the Indiana University School of Social Work, will receive nearly $500,000 in each of the next four years from the Administration of Children and Families in the U.S. Department of Health and Human Services....
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License revocations stayed for now

January 1, 2008
Michael Hoskins
A panel of the Indiana Court of Appeals has temporarily blocked the state from revoking driver's licenses that don't match Social Security records.The preliminary injunction came June 6 in a case challenging the Indiana Bureau of Motor Vehicles' invalidations of licenses or identification cards on the sole basis of mismatched records.The decision comes in Lyn Leone, et al. v. Indiana BMV Commissioner, No. 49A02-0804-CV-00377, which is currently pending in the state's second highest appellate court and is at the briefing stage...
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State files suit against mortgage lender

January 1, 2008
IL Staff
Indiana Attorney General Steve Carter has filed a lawsuit against mortgage lender Countrywide Home Loans Inc. for questionable practices, making Indiana the fifth state to take action against the largest lender in the country. The suit, No. 76C01-0808-PL-652, was mailed to Steuben Circuit Court Aug. 22 and filed the same day. The suit, which includes Countrywide's parent company, Countrywide Financial Corporation, alleges the company engaged in deceptive and misleading practices that put borrowers in potentially risky and costly loans. Carter's investigation...
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Attorney to speak about politics, disabilities

January 1, 2008
IL Staff
Indianapolis attorney Gregory S. Fehribach will be in Muncie at Ball State University March 24 to speak to students about "The Politics of Disability" as part of Disability Awareness Month activities. The discussion is open to the public. Fehribach, a graduate and former student body president of Ball State, will speak about the importance of being engaged and involved in the political process to bring positive changes for people with disabilities. The attorney has dedicated a significant portion of his legal...
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High court clarifies evidence designation

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court upheld a trial court's grant of summary judgment in favor of a defendant and also clarified the designation of evidence in regards to Indiana Trial Rule 56(C). In Idan (John) Filip and Valaria Filip v. Carrie Block and 1st Choice Insurance Agency, No. 75S05-0704-CV-149, the Filips filed a suit against Block and 1st Choice, alleging negligence in the selection of insurance on an apartment building they purchased in 1999. Block was the insurance agent of the previous owner,...
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Justices: 'Three Strikes Law' unconstitutional

January 1, 2008
Michael Hoskins
A four-year-old state statute aimed at limiting frivolous lawsuits filed by prison inmates is unconstitutional because it effectively closes the courthouse doors altogether for certain people, a split Indiana Supreme Court ruled today.Three of the five justices - Justices Theodore Boehm, Robert Rucker, and Brent Dickson - agreed that the state's 2004 "Three Strikes Law" violates the Indiana Constitution's Open Courts Clause. Chief Justice Randall T. Shepard and Justice Frank Sullivan disagreed and observed their colleagues' decision means many Hoosier litigants...
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AG won't appeal sex-offender law ruling

January 1, 2008
IL Staff
The Office of Indiana Attorney General won't appeal a federal court's decision last month that ruled a law requiring sex offenders to allow for blanket consent of computer and home searches is unconstitutional. Instead of appealing, Attorney General Steve Carter said in a press release Thursday that the office will work with legislators this fall to create a law that will protect children from Internet predators but would not violate the Constitution. Carter also cited the cost to taxpayers as a...
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Judges: Dispute can be arbitrated

January 1, 2008
Jennifer Nelson
A union and the owner of the facility the union wants to organize can proceed to arbitration to decide whether the facility is a covered workplace under an agreement requiring neutrality, the 7th Circuit Court of Appeals ruled today. In United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union v. TriMas Corporation, No. 07-1688, the United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) brought an action in federal...
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President chooses magistrate for judgeship

January 1, 2008
Michael Hoskins
President George W. Bush has nominated an Indianapolis federal magistrate to replace Judge John D. Tinder who recently took a seat on the 7th Circuit Court of Appeals.The president on Thursday sent a nomination to the Senate for Magistrate Judge William T. Lawrence, who's been on the federal bench since November 2002. Magistrate Judge Lawrence was one of seven nominations sent, including nominations for the U.S. Tax Court. Republican Sen. Richard Lugar recommended the Indianapolis magistrate for the position."I have known...
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  1. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  3. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  4. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  5. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

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