Legal News

Supreme Court blocks Lake Superior judge’s transfer bid

March 21, 2013
Dave Stafford
The Indiana Supreme Court on Thursday afternoon issued an emergency order preventing a Lake County judge from taking over the vacancy created when a fellow judge was tapped to lead the Department of Child Services.
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Justices order resentencing on habitual offender sentences

March 21, 2013
Jennifer Nelson
The Indiana Supreme Court on Thursday reversed the part of a White Superior Court’s sentencing order that a man who pleaded guilty to theft and being a habitual offender must serve his sentence consecutively with a case out of Tippecanoe County.
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Federal prosecutor opposes funds for Conour, raises concern over assets

March 21, 2013
Dave Stafford
A federal prosecutor says resigned personal injury attorney William Conour should not receive $10,000 from a court fund for living expenses. A court filing objecting to Conour’s request raises concern that he might try to liquidate assets the FBI inventoried.
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Justices reaffirm ruling on sentence enhancements under habitual offender statute

March 21, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday granted the state’s request for a rehearing in a case in which the justices determined that Anthony Dye’s sentence for unlawful possession of a firearm by a serious violent felon, which was enhanced under the general habitual offender statute, was an impermissible double enhancement.
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COA affirms changing boy’s last name

March 21, 2013
Jennifer Nelson
The mother of a 5-year-old boy was unable to convince the Indiana Court of Appeals that the Marion Circuit Court erred in granting his father’s petition to change the boy’s surname to his last name.
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Cedar Lake allowed to dissolve Parks Department, board

March 21, 2013
Jennifer Nelson
A Lake Superior judge erred when she used Dillon’s Rule to determine the scope of the town of Cedar Lake’s legal authority to dissolve its park board and Parks Department, the Indiana Court of Appeals ruled Thursday. The proper legal inquiry is based on the state’s Home Rule Act.
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Judges rule against commissioners in eminent domain dispute

March 21, 2013
Jennifer Nelson
In a case involving the use of eminent domain to acquire land to expand the runway at the Clark County Airport, the Indiana Court of Appeals encouraged lawyers and the courts to stop using the phrase “jurisdiction over a particular case” when the term “legal error” should be used.
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Judges dismiss state’s appeal regarding juvenile delinquency petition

March 20, 2013
Jennifer Nelson
The Indiana Court of Appeals ruled Wednesday that the state has no statutory right to appeal a juvenile court’s decision to rescind an order approving the filing of a delinquency petition against a teen accused of molesting two children.
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Problem-solving courts, CHINS legislation return to house of origin

March 20, 2013
IL Staff
The Indiana Senate passed several House bills Tuesday, including legislation expanding when a person can participate in a problem-solving court program. The House of Representatives returned bills on children in need of services petitions and prosecutor pensions back to the Senate.
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Justices vacate transfer to negligent design case

March 20, 2013
IL Staff
The Indiana Supreme Court issued an order Monday vacating its grant of transfer to a case filed by a man rendered a quadriplegic after he fell out of a company truck’s utility bucket while working for Richmond Power.
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5 finalists named for St. Joseph judgeship

March 19, 2013
IL Staff
The St. Joseph County Superior Court Judicial Nominating Commission has selected the five finalists to fill an upcoming vacancy on the court when Chief Judge Michael P. Scopelitis retires in June.
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Former dean named interim dean at Valparaiso University Law School

March 19, 2013
IL Staff
A nationally recognized authority on constitutional law and civil rights has taken the leadership position at Valparaiso University Law School.
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Durham, other guarantors must post collateral on bond

March 19, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals ruled Tuesday that Tim Durham and two other men who promised to indemnify and post collateral on a surety bond issued by Frontier Insurance Co. must post collateral on that bond.
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Nursing student loses appeal of dismissal from Purdue

March 19, 2013
Jennifer Nelson
A nursing student at Purdue University’s Fort Wayne campus was unable to convince the Indiana Court of Appeals Tuesday that the university and officials violated her due process rights and breached a contract with her when they dismissed her from the program due to behavioral difficulties.
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Justices take child support case

March 19, 2013
IL Staff
The Indiana Supreme Court granted transfer to just one case last week, a not-for-publication decision out of the Indiana Court of Appeals dealing with a parent’s financial obligations to his children.
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Klein named dean of IU McKinney School of Law

March 19, 2013
IL Staff
Andrew R. Klein has been appointed dean of the Indiana University Robert H. McKinney School of Law.
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Despite constitutional concerns, judicial nomination bill advances

March 18, 2013
Dave Stafford
Proposed changes to the panel that recommends judges for the Indiana Supreme Court and Court of Appeals advanced to the House floor Monday, but not before some lawmakers said they reserved judgment on whether the measure was constitutional.
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COA affirms Pennsylvania proper forum for complaint

March 18, 2013
Jennifer Nelson
The Indiana Court of Appeals ruled Monday that a producer of limestone and other products must file its complaint for indemnification in Pennsylvania based on its contract with a trucking company, and not Lake County, Ind.
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Reagan administration counsel to participate in symposium at McKinney

March 18, 2013
IL Staff
A former Reagan administration official will join the group of academic, government and business leaders making presentations next month at Indiana University Robert H. McKinney School of Law’s symposium on the Law and Financial Crisis.
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Judge says bank can pursue suit against broker

March 18, 2013
Scott Olson
The Peoples State Bank of Ellettsville can move forward with its lawsuit against broker Stifel Nicolaus & Co., which the bank claims duped it into investing $13 million in auction-rate securities just before those markets froze up.
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Evidence shows stabbing by inmate wasn’t in self defense

March 15, 2013
Jennifer Nelson
A Bartholomew County jail inmate had his conviction and sentence for Class B felony aggravated battery upheld Friday by the Indiana Court of Appeals. The judges ruled the evidence disputes his claim that a fight he got into with a fellow inmate was in self defense.
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Judges affirm reduction of subrogation lien

March 15, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to pay the full amount of the couple’s claim following a car accident.
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Man’s statement on drug allowed at trial

March 15, 2013
Jennifer Nelson
The Indiana Court of Appeals held Friday that a trial court did not commit fundamental error in admitting Charles Meriwether’s statement to police that he had marijuana in his car.
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Wabash College sophomore will design art project honoring Shepard

March 15, 2013
IL Staff
A child’s handprint designed by Wabash College sophomore John Vosel has been chosen as the monument to honor former Chief Justice Randall T. Shepard in a new Evansville park.
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Interviews Monday for St. Joseph judicial opening

March 15, 2013
IL Staff
The St. Joseph Superior Court Judicial Nominating Commission meets Monday to conduct interviews of applicants to fill a vacancy on the court due to Judge Michael P. Scopelitis’ retirement.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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