Legal News

COA: Admittance of juvenile’s statement harmless error

March 13, 2014
Jennifer Nelson
The Indiana Court of Appeals was divided Thursday over whether a 12-year-old boy accused of child molesting and his mother were afforded the opportunity to have a meaningful consultation before speaking to police. The judges did agree that the boy’s adjudication should be affirmed.
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Justices uphold order criminal defendant answer civil complaint

March 13, 2014
Jennifer Nelson
The Indiana Supreme Court Wednesday found a Lake Superior judge did not abuse her discretion in ordering a man criminally charged for the hit-and-run death of a woman to respond to her estate’s wrongful death complaint filed against him.
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Justices order COA to consider man’s appeal

March 13, 2014
Jennifer Nelson
A man’s appeal of his aggravated battery convictions should proceed to the Indiana Court of Appeals even though the issue of restitution remains unresolved, the Indiana Supreme Court ruled Thursday.
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City recommends GM site for Marion County justice complex

March 13, 2014
Kathleen McLaughlin, IBJ Staff
The former General Motors stamping plant west of downtown Indianapolis is Mayor Greg Ballard's preferred location for a new criminal justice complex.
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COA: Adoption petition should remain in Superior Court

March 12, 2014
Jennifer Nelson
The Lake Superior Court was not required under the county’s case allocation plan to transfer an adoption petition to juvenile court where termination of parental rights proceedings are pending involving the same children, the Indiana Court of Appeals ruled Wednesday.
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Elected official loses appeal in voter registration removal

March 12, 2014
Jennifer Nelson
A Roseland Town Council member couldn’t convince the 7th Circuit Court of Appeals that a District judge was incorrect in dismissing his lawsuit filed after he was removed from the voter registration list while incarcerated.
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Mental health statute limits state’s use of juvenile statements

March 12, 2014
Jennifer Nelson
Indiana’s Juvenile Mental Health Statute’s limited immunity prohibits both use and derivative use of a juvenile’s statements to prove delinquency, the Indiana Supreme Court ruled. The justices were able to come to the conclusion without addressing the question of the statute’s constitutionality.
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7th Circuit rejects lawsuit on insurer’s use of in-house counsel

March 12, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Tuesday agreed that a woman’s lawsuit against State Farm Mutual Automobile Insurance Co. should be dismissed because state law creates no obligation for an insurer to provide advance notice to an insured that it uses in-house counsel to defend its policyholders.
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Judges affirm sniff search in hotel did not violate guest’s constitutional rights

March 12, 2014
Jennifer Nelson
A trial court properly admitted contraband seized from a woman’s hotel room into evidence, the Indiana Court of Appeals ruled Wednesday. One judge on the panel departed from his colleagues’ need to discuss that the officers’ search was justified because they acted in good faith.
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Valparaiso attorney slapped with 5th felony charge

March 12, 2014
Dave Stafford
Valparaiso attorney Clark Holesinger, charged last month with four felony counts alleging he stole more than $1.6 million from clients, now faces a fifth count alleging theft from another client.
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Court of Appeals saw fewer cases in 2013

March 12, 2014
IL Staff
The Indiana Court of Appeals in 2013 received and decided fewer cases than in any of the five prior years, according to the court’s annual report released Tuesday.
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ADA violations in bar admission catch attention of Indiana BLE

March 12, 2014
Marilyn Odendahl
The U.S. Department of Justice has found Louisiana discriminated against bar applicants with mental health problems.
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Judge Tinder’s retirement plans leaked

March 12, 2014
Dave Stafford
7th Circuit Court of Appeals Judge John Tinder plans to retire from the 7th Circuit bench when he turns 65 next February – news that became public in early March after a clerk applicant shared a letter from Tinder with the legal blog Above the Law, which posted the letter.
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Copyright infringement spurs knife fight in Warrick County

March 12, 2014
Marilyn Odendahl
A copyright infringement dispute between two out-of-state companies has spurred criminal charges in Warrick County, a place where neither business has facilities, employees or quite possibly ever visited before these charges were brought.
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When non-competes don't fly

March 12, 2014
Dave Stafford
Aviation mechanic Joe Guinn lost a job when his former employer sought to enforce a non-compete clause, but he won an appellate ruling that the company may have engaged in tortious interference with his subsequent employer.
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Fort Wayne case may force SCOTUS to define who qualifies as a minister

March 12, 2014
Marilyn Odendahl
Since the Supreme Court of the United States weighed in on “ministerial exception” in January 2012, cases have been percolating across the country spurred by religious institutions claiming the exception as protection against employee discrimination lawsuits.
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Supreme Court: Father’s consent not needed in adoption

March 11, 2014
Dave Stafford
A father who had been incarcerated and failed to keep up with support payments wasn’t denied due process when the children’s mother remarried and her new husband adopted the children.
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Miranda warning given during police interview makes confession admissible

March 11, 2014
Marilyn Odendahl
A defendant’s confession made during a police interrogation is admissible because while officers questioned the defendant in what they called a “pre-interview,” they Mirandized him before he confessed.
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Small-claims hearsay letter properly admitted

March 11, 2014
Dave Stafford
A dentist’s letter that said a man suing him had never complained about the service he received was not improperly admitted in a small-claims collections action, the Indiana Court of Appeals ruled.
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Justices: Inmate will serve longer term for punching prison worker

March 11, 2014
Dave Stafford
A Department of Correction inmate serving a 17-year sentence was improperly given credit time that reduced his sentence for punching a prison worker in the face.
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Medmal claim sent via FedEx before deadline was timely filed

March 11, 2014
Dave Stafford
A medical malpractice complaint was timely filed when an attorney delivered it to Federal Express a day before the statutory deadline, the Indiana Supreme Court ruled, reversing lower court orders and remanding the complaint to the trial court.
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Judge: Case not made for airport justice center site

March 11, 2014
Dave Stafford
The judge who has authority over Marion County court facilities is casting doubt on the city’s preferred site for a Criminal Justice Complex at Indianapolis International Airport.
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Indiana law schools slip from top 25 in annual rankings

March 11, 2014
Marilyn Odendahl
The annual ranking that law schools love to hate was released March 11, and it may stir more emotions than usual in Indiana since none of the state’s law school placed in the top 25.
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Information used to obtain search warrant splits Court of Appeals

March 10, 2014
Marilyn Odendahl
Although the statements from three individuals were hearsay and initially led law enforcement to enter the wrong apartment, a split Indiana Court of Appeals found, collectively, the information supported probable cause.
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Senate to honor McKinney law professor Lawrence Jegen

March 10, 2014
IL Staff
A longtime Indiana University McKinney School of Law professor will be honored in the General Assembly today for an influential career spanning more than 50 years.
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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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