Legal News

Indiana Tech Law School shows new building to community

July 31, 2013
Indiana Tech Law School recently held a series of open houses to give professors, lawyers and community members a peek inside its new building.
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Disciplinary Actions - 7/31/13

July 31, 2013
IL Staff
Read who's recently been suspended by the Indiana Supreme Court, received a public reprimand or resigned.
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In Brief - 7/31/13

July 31, 2013
IL Staff
The IL Daily delivers legal news to your email inbox. In case you missed it, following is a recap of some of the stories reported online since the last issue of Indiana Lawyer. To subscribe to the IL Daily, visit www.theindianalawyer.com.
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Judge advocates expanding Gideon to provide lawyers in non-criminal cases

July 31, 2013
Marilyn Odendahl
While some legal scholars lament the deterioration of Gideon v. Wainwright 50 years after the landmark Supreme Court of the United States decision, Marion Superior Judge David Dreyer is calling for an expansion of the principle to include civil litigants.
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COA finds trial court acted within its discretion when calculating father’s actual income

July 30, 2013
Marilyn Odendahl
A father’s messy financial statements do not prevent a trial court from doing its own calculations and increasing his weekly child support payments, the Indiana Court of Appeals has ruled.
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Uncle has no statutory right to post-adoption visitation

July 30, 2013
Marilyn Odendahl
An uncle’s post-adoption visitation rights were overturned on the grounds that he was not within any statutory category of individuals entitled to visitation rights.
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7th Circuit: New indemnity provision does not release employer from liability

July 30, 2013
Marilyn Odendahl
An employer will have to pay $4.23 million after the 7th Circuit Court of Appeals was unconvinced by the employer’s argument that language in a later contract superseded that of an earlier contract.
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Undisputed will makes daughter’s appointment as special administrator improper

July 30, 2013
Marilyn Odendahl
Because the special administrator provision in the Indiana Code did not apply, the Indiana Court of Appeals has ruled the trial court did not abuse is discretion when it removed a special administrator of an estate without considering the state statute.
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Forum on state’s new expungement law scheduled for Aug. 7

July 30, 2013
IL Staff
To address the confusion that has been growing since the state’s new expungement law took effect, a group of state and local lawmakers from Marion County have scheduled a public forum and panel discussion to answer questions about removing old criminal offenses from individual records.
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Brizzi hit with another legal malpractice suit

July 29, 2013
Dave Stafford
Defrocked Secretary of State Charlie White has sued Carl Brizzi, the former Marion County prosecutor who represented White during a criminal case that led to his removal from office. White's lawsuit makes a claim of legal malpractice.
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7th Circuit seeks comment on pattern jury instructions

July 29, 2013
IL Staff
The 7th Circuit Court of Appeals Committee on Federal Jury Instructions is seeking comments on an ongoing basis on existing pattern jury instructions as well as suggestions for new pattern instructions.
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ABA to welcome new president, discuss possible new policy at annual meeting

July 29, 2013
IL Staff
The American Bar Association will consider a range of policy topics including technology privacy, “gay panic” defense and judicial disqualification during its 2013 annual meeting in San Francisco.
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Judge issues gag order in Bei Bei Shuai case

July 29, 2013
Dave Stafford
The judge in the case of a woman charged with murder and attempted feticide in the death of her newborn daughter on Friday ordered prosecutors, defense attorneys and others involved in the case not to speak about it outside court.
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First Child Services Oversight Committee meeting Wednesday

July 26, 2013
IL Staff
The Child Services Oversight Committee, established by the Indiana General Assembly specifically to keep tabs on the Indiana Department of Child Services, will hold its first meeting July 31.
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Attorney’s report alleges trucking school small-claims abuses

July 26, 2013
Dave Stafford
An attorney’s report examining more than 7,700 lawsuits filed by an Indianapolis-based trucking school in just two Marion County township small-claims courts alleges systemic abuses that resulted in thousands of judgments against people who may never have stepped foot in the county or the state.
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Bankruptcy Court revises Chapter 13 plan model form

July 26, 2013
IL Staff
The Bankruptcy Court for the Southern District of Indiana will require use of a revised Chapter 13 plan model form after Aug. 15, pursuant to Local Rule B-3015-1. The form is available on the court's website and may be used immediately.
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Blogger attorney’s disciplinary commission hearing to be public

July 25, 2013
Dave Stafford
Indianapolis attorney Paul Ogden’s hearing next week before the Indiana Disciplinary Commission will be open to the public after he waived confidentiality that’s customary in such proceedings.
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Judges disagree on whether Rhode Island law applies in wrongful death case

July 25, 2013
Jennifer Nelson
A Court of Appeals judge dissented from her colleagues’ decision that Rhode Island law should apply in awarding a wrongful death settlement because she believed that the Rhode Island court would have found Indiana law applies.
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7th Circuit addresses 'khat' convictions for first time

July 25, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has ruled on many types of drug cases, but was presented with a new drug to consider for the first time: “khat,” a popular drug among the Somali community.
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Sex offender not eligible to participate in county diversion program

July 25, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for judicial review after he was denied placement by the court in the Vanderburgh County Forensic Diversion Program. The COA held that there was no final administrative decision for the court to review.
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‘Am I going to need an attorney?’ is not request for attorney, rules COA

July 25, 2013
Jennifer Nelson
A suspect’s question during interrogation as to whether he’d need an attorney is not considered a request for an attorney, thus requiring police to stop interrogating him, the Indiana Court of Appeals ruled Thursday.
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COA orders court grant petition to set aside tax deed

July 25, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a trial court’s reasoning in denying a petition to set aside a tax deed that a county auditor was excused of the duties imposed under statute because compliance wouldn’t have resulted in a property owner actually receiving notice of a tax sale.
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Indiana Tech Law School settling into new digs, waiting for classes to begin

July 24, 2013
Marilyn Odendahl
With the students arriving in less than a month, Indiana Tech Law School is opening the doors of its new building and giving academics, lawyers and community members a peek inside.
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7th Circuit: Attorney’s deficient performance prejudiced defendant

July 24, 2013
Jennifer Nelson
Finding that an appellate attorney opted for a “hopeless sufficiency challenge” instead of the obvious claim challenging the validity of an amended information that elevated a charge to murder, the 7th Circuit Court of Appeals reversed the denial by the federal court of the man’s petition for writ of habeas corpus.
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COA: Police escort into home does not violate 4th Amendment

July 24, 2013
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.
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