Legal News

COA upholds termination of mother’s parental rights

June 4, 2015
Jennifer Nelson
The Indiana Court of Appeals found no abuse of discretion by a trial court when it denied a mother's request to continue her termination of parental rights hearing for several months, when she expected to be released from incarceration. The mother was unable to prove that she would definitely be out of jail at that time.
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Court erred in concluding vested title severed by tax sales

June 4, 2015
Jennifer Nelson
The Indiana Court of Appeals ordered judgment entered in favor of two families on their claim for adverse possession over a disputed tract of land in Pulaski County. The judges found the trial court erred when it found two tax sales involving the disputed property divested the adverse holders of their title to the real property.
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Man’s Indiana conviction for stealing car barred by Kentucky conviction

June 4, 2015
Jennifer Nelson
A man who stole a car in Vanderburgh County, fled into Kentucky and then was arrested and charged with similar crimes of auto theft and fleeing police in both states had his Indiana auto theft conviction reversed by the Court of Appeals Thursday.
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US House chops legal aid budget

June 4, 2015
Marilyn Odendahl
Budget cuts to legal aid funding approved June 3 by the U.S. House of Representatives could mean layoffs and office closures nationwide.
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Panel splits over interpretation of corrupt business influence statute

June 4, 2015
Jennifer Nelson
The majority on a Court of Appeals panel tossed out a man’s corrupt business influence conviction after finding his criminal activity did not pose a threat of future criminal conduct. But the dissenting judge noted the majority was inserting a new element into the Indiana statute that does not exist.
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Judge to allow recordings from Indy blast at trial

June 4, 2015
 Associated Press
The judge hearing the trial of a man charged in an Indianapolis house explosion says he'll allow prosecutors to present an audio recording of the screams of a man who initially survived the blast before dying.
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Whitestown likely to appeal Zionsville case to Supreme Court

June 4, 2015
Lindsey Erdody
A ruling from the Indiana Court of Appeals allowing Zionsville to merge with Perry Township is likely to be challenged before the state Supreme Court.
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Tax Court orders more proceedings on sale of racetrack and card club

June 3, 2015
Jennifer Nelson
The Indiana Department of State Revenue scored a partial victory in Tax Court on Wednesday when the court granted the agency's motion for summary judgment regarding whether I.C. 6-3-2-2.2 applied in its taxing of a portion of the gain generated by a Las Vegas-based corporation's sale of a horse racetrack and card club to an out-of-state company. But there are issues of genuine material fact as to whether the department correctly classified Pinnacle Entertainment's gain as business income.
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Inconsistency by trial court leads to partial reversal

June 3, 2015
Jennifer Nelson
Because a trial court hearing a child support matter at first declined to impute the income of the stepfather to the child's mother, but later treated their income as the same when it came to the cost of her child's health insurance, the Indiana Court of Appeals partially reversed a Hamilton Superior Court's 2014 ruling.
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Legislature continues support of We the People program

June 3, 2015
Marilyn Odendahl
Indiana's We the People program, a civics education curriculum that teaches elementary, middle and high school students about U.S. history and government, has received another round of funding from the Statehouse.
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Justices: Adoption agency didn’t breach duty to couple

June 3, 2015
Jennifer Nelson
The Indiana Supreme Court ruled 4-1 in favor of an adoption agency that it did not have any duties with respect to the putative father registry in excess of statutory requirements. A couple who adopted a baby through the agency – only later to have her removed from their care after the biological father contested the adoption – sued the agency alleging negligence.
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AG may appeal death penalty reversal in deputy’s slaying

June 3, 2015
IL Staff
The state is considering whether it will appeal a federal court ruling Tuesday that reversed the death penalty imposed on a man convicted of killing a Morgan County deputy sheriff nearly 14 years ago.
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Appeals court sides with EPA on air pollution limits

June 3, 2015
 Associated Press
A federal appeals court ruled Tuesday that the Environmental Protection Agency complied with the law in deciding which areas of the country failed to meet federal limits on smog-forming pollution that can cause asthma and respiratory illness.
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NCAA's top lawyer ready to keep fighting in O'Bannon case

June 3, 2015
 Associated Press
Donald Remy has an answer for those who believe the NCAA is waging a losing battle against Ed O'Bannon: Think again.
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Supreme Court pulls plug on audio-video transcript pilot project

June 3, 2015
Dave Stafford
Transcripts generated by video cameras have had their day in court in Indiana. The verdict is in favor of keeping paper records.
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Criminal defense attorney Robert Hammerle joins Pence Hensel

June 3, 2015
Marilyn Odendahl
Between them, the three defense attorneys have handled a range of cases from murder and the death penalty to fraud, civil business litigation and even treason. But on a recent morning, the trio of legal minds was gathered around the conference room table discussing the most pressing matter of that day – office furniture.
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Supreme Court appoints team to look at pro se litigant problems

June 3, 2015
Marilyn Odendahl
Less than two years after appointing a commission to expand civil legal services for the indigent, the Indiana Supreme Court has assembled another group to examine the nagging problems caused by pro se litigants.
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Injured man fails to convince COA he was mentally incompetent

June 2, 2015
Marilyn Odendahl
A split Indiana Court of Appeals found that affidavits from an injured man’s family members as to his mental competency were not sufficient to overcome his failure to file a complaint before the statute of limitations had expired.
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Plan to establish commercial courts in Indiana moves forward

June 2, 2015
IL Staff
The move to create commercial courts in Indiana, first mentioned by Chief Justice Loretta Rush during her State of the Judiciary address in January, is a step closer to becoming a reality. The Indiana Supreme Court announced Tuesday that it has named a working group to recommend policies and procedures for the courts, which could be hearing cases as early as 2016.
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Death sentence reversed in 2001 slaying of Morgan deputy

June 2, 2015
Dave Stafford
The death sentence imposed on a man for the killing Morgan County Deputy Sheriff Daniel Starnes in 2001 has been reversed by the 7th Circuit Court of Appeals.
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COA finds Zionsville has authority to incorporate neighboring township

June 2, 2015
Marilyn Odendahl
Describing itself as having a “hybrid status,” Zionsville successfully argued it had the authority to reorganize with Perry Township and convinced the Indiana Court of Appeals to overturn a lower court’s order blocking its efforts to incorporate the township.
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COA widens class-action suit against Lincoln National

June 2, 2015
Dave Stafford
A former policyholder’s class-action lawsuit claiming Lincoln National Life Insurance breached its contract was expanded Tuesday by a Court of Appeals ruling.
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Monroe County wants to bring trained dogs to court

June 2, 2015
 Associated Press
Efforts are underway in Monroe County to bring trained dogs to the courthouse in Bloomington.
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Parents sue Hobart school district over prayers at school events

June 2, 2015
 Associated Press
A Hobart school district faces a lawsuit over prayers that are said before athletic events, graduations and school board meetings from parents who say the prayers violate the First Amendment.
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Proposed rule bans T-shirts, gum-chewing in courtrooms

June 2, 2015
 Associated Press
A new rule being considered by judges in a southwestern Indiana county would prohibit lawyers, litigants and spectators from wearing T-shirts or shorts or chewing gum in courtrooms.
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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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