Legal News

Judge rejects Durham motion to throw out indictment

April 20, 2012
Greg Andrews
A federal judge on Thursday rejected Indianapolis financier Tim Durham’s months-long quest to have his indictment dismissed on the grounds that the government used wiretaps before it had court authorization to do so.
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Judges affirm denial of post-conviction relief

April 19, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the denial of a man’s request for post-conviction relief because he couldn’t prove that his trial or appellate counsel were ineffective.
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Department of Workforce Development scammed out of $2 million

April 19, 2012
Jennifer Nelson
The Indiana Department of Workforce Development announced Wednesday afternoon that it allegedly has been cheated out of $2.4 million in unemployment insurance benefits. Fifteen people have been indicted for allegedly scheming to use fake companies to claim benefits.
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COA upholds denial of fugitive's request to file an appeal

April 19, 2012
Jennifer Nelson
A woman convicted of murdering her husband in the 1970s who escaped from prison and remained a fugitive for 35 years isn’t entitled to file a petition for belated appeal because her willful act of fleeing prevented her attorney from pursuing the appeal.
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Judges reverse grant of unemployment benefits

April 18, 2012
Jennifer Nelson
The Indiana Court of Appeals has held that if an employee’s explanation for the behavior that led to his termination is another terminable offense, that provides just cause for termination. As a result, the judges reversed the decision to grant a fired man unemployment benefits.
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Justices to hear driving while suspended case at Martin University

April 18, 2012
IL Staff
The Indiana Supreme Court will visit Martin University in Indianapolis Friday to hear arguments in a case over whether a man driving a scooter could be convicted of operating a “motor vehicle” while his driving privileges were suspended.
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COA split on ability to review case

April 18, 2012
Jennifer Nelson
The majority on a personal injury case has dismissed it for appellate review, finding the Indiana Court of Appeals doesn’t have jurisdiction. The majority believed the case was not timely appealed.
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Attorney general investigating political calls

April 18, 2012
IL Staff
Indiana Attorney General Greg Zoeller announced Tuesday that he is investigating whether political phone calls are being made under the guise of the AG’s main office number.
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7th Circuit upholds sentence for drug offenses

April 17, 2012
Jennifer Nelson
Dealing with the issue for the first time, the 7th Circuit Court of Appeals has held that a certificate of appealability is needed for the part of a case that challenges the denial of collateral relief.
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Judge leaves attorneys on tax refund appeal

April 17, 2012
Jennifer Nelson
Indiana Tax Court Judge Martha Wentworth has denied the State Department of Revenue’s attempt to disqualify the two attorneys representing a company in a refund dispute.
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Mother's actions support contempt finding

April 17, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld finding a mother in contempt of court for not dismissing a protective order against her ex-husband as required by their dissolution decree. The judges also affirmed the award of compensatory damages and attorney fees to the father, but reversed a 10-day sentence imposed for future violations.
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Judges order possession charge dismissed

April 17, 2012
Jennifer Nelson
Relying on United States Supreme Court precedent, the Indiana Court of Appeals has reversed the denial of a man’s motion to suppress marijuana found on him after a traffic stop. The appellate court found the officers did not reasonably believe the man was armed and dangerous to justify the pat down.
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Judges rule on easement dispute

April 17, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled partly in favor of a couple seeking to place a fence along their property line shared with a condominium complex, which would affect the use of a sidewalk by the condo homeowners.
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COA rules in favor of previous shareholders in dispute with new owners

April 16, 2012
Jennifer Nelson
The Benton Circuit Court erred in denying partial summary judgment to the former shareholders of a garden accessories company, the Indiana Court of Appeals held.
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Justices accept 1 case, deny 9

April 16, 2012
The Indiana Supreme Court has agreed to hear a first impression case concerning whether a mortgagee on record had an enforceable right under the mortgage.
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South Bend probate judge candidate forum

April 16, 2012
Jenny Montgomery
The six candidates for Probate Court in St. Joseph County will participate in a forum from 3 to 4 p.m. April 28 at Indiana University South Bend.
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ACLU of Indiana seeks board members

April 13, 2012
IL Staff
The ACLU of Indiana is now accepting nominations for its board of directors. Board members must be members of the organization.
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Bankruptcy court seeks comment on local rule change

April 13, 2012
IL Staff
The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment on a change to Local Rule B-9013-1, Motions Initiating Matters and Other Requests for Relief.
 
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7th Circuit rules on sentence reduction

April 12, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered a man resentenced because the District judge erred by not granting the defendant the one-level reduction under the United States Sentencing Guidelines that was triggered by the government’s motion.
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Medical malpractice judgment upheld by appellate court

April 12, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the $1.25 million judgment against a gastroenterologist after a patient brought a medical malpractice claim for a missed cancer diagnosis. The judges found the trial court didn’t abuse its discretion in excluding certain evidence.
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Judges affirm 90-year sentence for child molester

April 12, 2012
Jennifer Nelson
The Indiana Court of Appeals found that a child molesting victim’s statement to her grandmother – as testified by the grandmother at trial – should not have been admitted. But, that hearsay reference did not deprive the defendant of a fair trial.
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Teachers will have civics lesson at Indiana Statehouse

April 12, 2012
IL Staff
The Indiana Supreme Court, the International Association of Defense Counsel and the Indiana Bar Foundation are collaborating to present a workshop for Indiana teachers April 13.
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COA travels to Valparaiso for arguments

April 12, 2012
IL Staff
The Indiana Court of Appeals will hear arguments at Valparaiso University Law School in a rape case.
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5 political candidates file lawsuit

April 12, 2012
Jennifer Nelson
Three judicial candidates in Marion County and two candidates for the Indiana House are suing the county Board of Voter Registration and Election Board, alleging they were denied access to public information.
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Trial court erred in instructing jury in negligence case

April 11, 2012
Jennifer Nelson
A divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.
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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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