Legal News
Governor appoints former prosecutor candidate to ATC
December 10, 2010
IL StaffMark Massa, the Republican candidate for Marion County prosecutor, is the new chairman of the Alcohol & Tobacco Commission.
Gov. Mitch Daniels announced the appointment Thursday.
MoreCOA divided on dismissal of OWI charges
December 9, 2010
Jennifer NelsonThe Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed
because the charging information didn’t let the man know what vehicle he needed to defend against operating.
More7th Circuit order changes wording in public-records opinion
December 9, 2010
Rebecca BerfangerIn an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that
court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly”
and “unprofessional.”
MoreJustices split on imprisonment for violating probation
December 9, 2010
Jennifer NelsonThe state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly
or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion
handed down Wednesday afternoon.
MoreAppellate court to hear arguments in Fishers
December 9, 2010
IL StaffThe Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments
in an interlocutory appeal involving the denial of a motion to suppress.
MoreJudge: not all farm expenses are tax deductible
December 8, 2010
Jennifer NelsonA probate court incorrectly allowed an estate to deduct three farm-related expenses from its inheritance tax return, but affirmed
the deduction of the remaining nine in question, the Indiana Tax Court ruled Tuesday.
MoreAppellate court rules traffic stop legal
December 8, 2010
Jennifer NelsonA police officer had reasonable suspicion to stop the car of a man who parked illegally in a handicapped spot after the car
made it on to the street, ruled the Indiana Court of Appeals.
MoreSCOTUS takes case on whether vehicular flight from police is a 'violent felony'
December 8, 2010
Michael HoskinsNo one disputes fleeing in a vehicle from police is a crime. But whether that crime is considered a “violent”
one worthy of an enhanced sentence under a long-standing federal career criminal statute is a legal nuance now an issue before
the nation’s highest court, and Indiana is playing a key role.
MoreSmall law firm dissolving as 9 attorneys go to Bose McKinney
December 8, 2010
Michael HoskinsMost of the lawyers at a civil litigation firm in Indianapolis are departing for one of the city’s largest
law firms at the end of the year, dissolving a firm with a rich history that’s been around in some form since the
early 1980s and has included some high-profile attorneys such as Birch and Evan Bayh.
MoreEncouraging diversity at law schools
December 8, 2010
Rebecca BerfangerWhen asked if diversity played a role in their decisions on where to attend law school, a handful of minority law students
in Indiana said while it wasn’t the biggest or only factor, it often was a consideration.
MoreJudge and his wife use son's death to discuss prescription drug abuse
December 8, 2010
Michael HoskinsThe scream that pierced the silence one morning almost two years ago is one that haunts Marion Superior Judge Bill Nelson
every day, and it likely will for the rest of his life.
MoreFewer filings, newer trends
December 8, 2010
Michael HoskinsThe number of cases filed in the state courts dropped slightly in 2009 from the previous year, but the nearly two million
filings still amounted to the second-highest number ever for Indiana.
MoreAttorneys help wounded warriors
December 8, 2010
Rebecca BerfangerSince June, a number of Indiana-based Army Reservists have been helping American soldiers in their greatest hour of need.
MoreJustices order Marion traffic judge's suspension
December 8, 2010
Michael HoskinsThe Indiana Supreme Court has suspended the Marion County traffic judge who’s admitted he imposed excessive fines and
treated people unfairly in his court partly because he wanted to discourage future litigants from exercising their constitutional
right to trial.
MoreLocal courts, educational program named after 3 Indiana jurists
December 8, 2010
Michael HoskinsThe practice of naming a building after someone is a longstanding tradition throughout the country, but one of the most common
practices in those renamings is waiting until someone dies to dedicate that place.
MoreITLA focuses on education, legislation, amicus briefs
December 8, 2010
Rebecca BerfangerAs the year comes to a close, the president of the Indiana Trial Lawyers Association said the organization of about 1,000
members will continue its three major goals: to provide educational opportunities, to write amicus briefs when there is a
broader issue that can apply to cases and clients of trial attorneys, and to track bills as they are submitted by legislators
for the 2011 session of the Indiana Legislature.
MoreJudge's collection inspired military museum in Vincennes
December 8, 2010
Rebecca BerfangerAfter starting his collection of World War II memorabilia as a child, almost three decades ago a judge in southern Indiana
had amassed enough artifacts, including jets and tanks, to open a museum in Vincennes.
MoreJob fair connects diverse students to jobs
December 8, 2010
Rebecca BerfangerTo help a diverse group of 2L students find summer employment in central Indiana, and to help Indianapolis-area employers
connect with diverse, qualified students looking for summer associate positions, the Indianapolis Bar Association hosted its
third diversity job fair at a downtown Indianapolis hotel in August.
MoreCOA: student loan funds exempt from garnishment
December 7, 2010
Rebecca BerfangerThe Court of Appeals today found that student loan funds that had been deposited in a personal account were exempt when it
came to whether those funds could be taken from a defendant’s bank account to satisfy a judgment regarding legal fees
the defendant owed to the plaintiff.
MoreCourt reverses because of DCS notification policy
December 7, 2010
Michael HoskinsThe Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both
the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying
him of CHINS proceedings that ultimately led to his paternal rights being taken away.
MoreJudges uphold denying visitation to ex-partner
December 7, 2010
Jennifer NelsonThe Indiana Court of Appeals ruled today that lawmakers didn’t intend to allow parents to establish joint custody with
third parties under Indiana Code Section 31-17-2-3 by simply filing a joint petition with a trial court. Doing so would allow
parents and third parties to circumvent the requirements of the Adoption Act.
MoreFree CLE offered for pro bono volunteers
December 7, 2010
Rebecca BerfangerBar associations and pro bono districts are working together to encourage attorneys to sign up to participate in the annual
statewide Talk to a Lawyer Today event taking place Jan. 17, 2011. Free CLE, which is offered in December and January to lawyers
who volunteer their time with TTALT but is not required to participate in the event, is a video replay of a CLE that originally
took place in Indianapolis in October.
MoreSale to trust creates first impression
December 6, 2010
Jennifer NelsonA sale of a home to a trust that included disputed errors in a sales disclosure form presented an issue of first impression
for the Indiana Court of Appeals Monday.
MoreCourt splits on duty owed by independent contractor
December 6, 2010
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an
“impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was
injured.
MoreSocial-services recipients entitled to injunctive relief
December 3, 2010
Jennifer NelsonThe Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t
name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana
Court of Appeals ruled Friday.
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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.