Legal News

Illinois law applies to accident in that state involving Hoosiers

July 22, 2014
Jennifer Nelson
A trial court properly held that Illinois substantive law is applicable to a collision that occurred in Illinois between two Indiana residents, the Court of Appeals concluded Tuesday.
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Court erred in denying nursing home’s motion to compel arbitration

July 22, 2014
Jennifer Nelson
A trial court incorrectly concluded that an arbitration agreement contained in a nursing home’s facility admission agreement was ambiguous because the parties bound by the agreement are not clearly named, the Indiana Court of Appeals held Tuesday.
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COA upholds father’s $1,419 weekly child support obligation

July 22, 2014
Jennifer Nelson
In affirming the trial court’s decision to increase a father’s weekly child support obligation to four times the amount he and his ex-wife initially agreed to, the Indiana Court of Appeals asked the Supreme Court to determine how Indiana Code 31-16-8-1 should be interpreted.
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Fired DOC counselor’s sex-discrimination claim revived by 7th Circuit

July 22, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals reinstated a former Department of Correction substance abuse counselor’s lawsuit alleging sex-discrimination and hostile work environment, finding she was treated differently as compared to the employee she had an affair with while working at a maximum-security prison.
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Split court upholds man’s conviction for conspiracy to commit robbery

July 22, 2014
Jennifer Nelson
Citing an issue of first impression, the majority on the Indiana Supreme Court Tuesday concluded that a man could be convicted of Class A felony conspiracy to commit robbery even though the targeted victim was not robbed or harmed in any way.
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City fails to prove urine sample arrived at lab with seal intact

July 22, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding that a city of Gary employee was discharged but not for just cause. The judges pointed to incomplete paperwork regarding an on-site screen custody form.
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COA splits over whether pat down after traffic stop was justified

July 22, 2014
Jennifer Nelson
A majority on the Indiana Court of Appeals concluded that a trial court abused its discretion when it denied a man’s motion to suppress drug evidence found on him after police pulled him over for failing to signal a turn. But the dissenting judge believed the arresting officer had sufficient reason to think the defendant might be armed and dangerous during their encounter.
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Judge blocks ordinance aimed at I-69 work noise

July 22, 2014
 Associated Press
The Indiana Department of Transportation can resume nighttime work on the Interstate 69 extension near Bloomington.
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Indiana man pleads not guilty to courthouse threat

July 22, 2014
 Associated Press
A man has pleaded not guilty to federal charges that he threatened to blow up an Indiana courthouse and kill judges and police officers.
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Justices agree amendment adding defendants was timely filed

July 21, 2014
Jennifer Nelson
The Indiana Supreme Court on Monday granted transfer to a case and adopted the Court of Appeals opinion in the matter involving a wrongful death claim stemming from a mower accident.
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Woman waived challenge to amount of loss attributable to her conduct

July 21, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the 57-month sentence for a woman involved in a real estate fraud scheme, finding she waived the issue regarding the amount of loss attributable to her conduct.
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Mom can’t receive damages based on daughter’s injuries caused by mold

July 21, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a compensatory damage award of $20,000 to the parents of an adult daughter who was sickened by mold growing in her apartment after finding the facts of the case don’t support the amount awarded.
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Trial court correctly determined physician had no duty to patient

July 21, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed with the lower court that summary judgment is appropriate for a physician being sued for medical malpractice because there was no physician-patient relationship.
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Inmate’s action for credit time moot after DOC grants request

July 21, 2014
Jennifer Nelson
A Henry Circuit judge correctly dismissed an inmate’s action for educational credit time as moot after the Department of Correction determined he was entitled to the time and awarded him the credit, the Indiana Court of Appeals held Monday.
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Prosecutors: Debt motive for 2012 Indy explosion

July 21, 2014
 Associated Press
Prosecutors have filed court documents indicating that mounting gambling and credit card debt were the motive behind a deadly explosion that devastated an Indianapolis neighborhood in 2012.
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Commission approves retroactive reduction in drug trafficking sentences

July 18, 2014
IL Staff
The United States Sentencing Commission unanimously voted Friday to retroactively apply a reduction in the sentencing guideline levels applicable to most federal trafficking offenders. The change could impact the sentences of more than 46,000 prisoners.
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Indiana joins multistate Apple e-book price-fixing settlement

July 18, 2014
IL Staff
Indiana consumers who purchased e-books at an artificially inflated price will share in a $400 million settlement with computer giant Apple Inc., Attorney General Greg Zoeller announced Friday.
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Plea agreement bars defendant from appealing sentence

July 18, 2014
Jennifer Nelson
A defendant who agreed to waive his right to appeal his sentence after pleading guilty to a drug offense was unable to convince the 7th Circuit Court of Appeals that he should be allowed to pursue his ineffective assistance of counsel claim.
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Admittance of hearsay evidence harmless error, rules 7th Circuit

July 17, 2014
Jennifer Nelson
The out-of-court testimony of a woman who said she purchased crack cocaine from a man who was on supervised release should not have been admitted during the man’s hearing regarding revoking his release, the 7th Circuit Court of Appeals held Wednesday. But this was a harmless error because the circumstantial evidence supports that the man dealt crack cocaine to the woman.
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Dad’s text to daughter supports violation of protective order

July 17, 2014
Jennifer Nelson
A Johnson County man who sent a text message to his daughter to give to his ex-wife – who had a protective order against him – violated that order when he sent his daughter the message, the Indiana Court of Appeals affirmed.
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COA reverses public intox conviction based on potential danger

July 17, 2014
Jennifer Nelson
The state’s claim that a man’s public intoxication conviction should stand because of possible danger he faced if he left an apartment complex while intoxicated was rejected by the Indiana Court of Appeals Thursday because the argument was merely speculative.
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COA clarifies and affirms original opinion in environmental cleanup case

July 17, 2014
Jennifer Nelson
The Indiana Court of Appeals granted the request of the city of Indianapolis and the Department of Environmental Management to take another look at its opinion issued in April that allowed businesses that neighbored a contaminated property to intervene in the cleanup case. But the judges affirmed the court’s original decision in all respects.
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Statute does not allow for deferral of dealing marijuana charge

July 17, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that I.C. 35-48-4-12 would run afoul of double jeopardy or collateral estoppel if the court defers his marijuana possession charge but not his charge of dealing marijuana.
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Justices uphold $94,000 in damages, fees for failed condo sale

July 17, 2014
Jennifer Nelson
The Indiana Supreme Court agreed with the trial court that a seller of a condo whose buyers backed out of the purchase agreement over failed repairs could have mitigated her damages by selling the condo in 2007 to a different buyer instead of waiting until 2011 and accepting a lower price.
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Judge orders Indiana BMV to resume selling plates

July 17, 2014
 Associated Press
The Indiana Bureau of Motor Vehicles must resume issuing personalized license plates, a Marion County judge ordered Wednesday, but that doesn't mean it'll happen in the near future.
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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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