Legal News

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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Aiding Conour victims ‘The right thing to do’

March 25, 2015
Dave Stafford
The Indiana State Bar Association’s announcement that it will distribute $100,000 among 24 victims of former attorney and convicted fraudster William Conour is a modest but meaningful gesture from the legal community, attorneys involved with the decision say.
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Inside the Criminal Case: The admissibility of Robert Durst’s confession

March 25, 2015
James Bell, K. Michael Gaerte
If we had told you three weeks ago that a man walked into the bathroom with a live microphone and did some things he would live to regret, you would have probably thought we were referring to a scene from “The Naked Gun” movie. By now, however, you know that we are referring to the statements suspected murderer Robert Durst made while “mic’d up” for an HBO documentary.
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25-year-old Evansville courtesy code reminds lawyers how to behave

March 25, 2015
Marilyn Odendahl
The Evansville Bar Association’s Professional Courtesy Code started with attorney Edward Johnson sitting at his desk and putting on paper the way attorneys should behave when practicing law.
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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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Pence set to sign ‘right to try’ trial drugs bill

March 24, 2015
 Associated Press
A proposal to give terminally ill patients in Indiana easier access to experimental drugs not yet on pharmacy shelves is about to become law.
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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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Indiana House OKs religious objection bill

March 24, 2015
 Associated Press
The Indiana House approved by a wide margin Monday a proposal strengthening protections for religious objections in state law that opponents say could provide legal cover for discrimination against gay people.
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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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Pence administration's concerns stall bill to open adoption records

March 23, 2015
Dave Stafford
Adopted adults deprived by law of access to their birth records were dealt a setback Monday when a Pence administration official testified against a bill that would open those records to some 350,000 Hoosiers.
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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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SCOTUS turns away challenge to Wisconsin voter ID law

March 23, 2015
 Associated Press
The Supreme Court of the United States on Monday turned away a challenge to Wisconsin’s voter identification law, after having blocked the state from requiring photo IDs in November’s general election.
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Bill addressing foreclosure-prevention options under fire

March 23, 2015
 Associated Press
An Indiana law that has helped thousands of residents at risk of foreclosure keep their homes could be "gutted" under a bill being considered by state lawmakers, housing advocates say.
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Yorktown tweaks canvassing ordinance after ACLU lawsuit

March 23, 2015
 Associated Press
A central Indiana town sued by a consumer advocacy group over its restrictions on door-to-door canvassing has changed a town ordinance to remove the contested language.
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Supreme Court won't hear case of wrongly convicted men

March 23, 2015
 Associated Press
The Supreme Court of the United States won’t hear an appeal from two former Louisiana inmates who were wrongly convicted of murder and wanted to sue prosecutors for damages after spending 28 years in prison.
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Life insurance bankruptcy exemptions apply to nondependent spouses, children

March 20, 2015
Dave Stafford
The Indiana Supreme Court Friday settled a certified question on whether nondependent spouses and children enjoy the exemption granted to life insurance policy beneficiaries who are “the spouse, children, or any relative dependent upon” the debtor. They do, the court concluded.
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Floyd County prosecutor accused of misconduct

March 20, 2015
 Associated Press
A complaint has been filed against an attorney who led the prosecution against a former Indiana State trooper acquitted of killing his wife and two children.
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COA judge: Parole board 'should do better'

March 20, 2015
Dave Stafford
A man who killed no one but who’s been in prison for almost 40 years for a felony murder conviction was entitled to a more thorough parole board review than one based on a 13-year-old psychological evaluation, a Court of Appeals judge wrote Friday.
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Steak n Shake parent wins court victory amid proxy challenge

March 20, 2015
IBJ Staff
Biglari Holdings Inc. has won a major legal victory as a separate fight with a dissident shareholder turns personal. A lawsuit brought by shareholders of the Steak n Shake parent accusing CEO Sardar Biglari and directors of breaching their fiduciary duties has been dismissed by a federal judge in Indiana.
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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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