Legal News

Justices reverse CHINS finding, noting father coerced to admit adjudication

May 13, 2015
Jennifer Nelson
Because a Marion Superior Court judge's remarks and conduct in their cumulative effect breached the court's duty of impartiality and amounted to coercion of a 17-year-old girl's father to admit she was a child in need of services, the Indiana Supreme Court reversed the CHINS adjudication.
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Legal network to confer in Indianapolis

May 13, 2015
IL Staff
About 40 attorneys from midsized, general practice law firms around the country and a handful of global lawyers will gather for the Legal Netlink Alliance spring convention beginning Thursday in Indianapolis.
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Former Indiana police chief gets 2 years for stealing cash

May 13, 2015
 Associated Press
The former police chief of a southeastern Indiana city has been sentenced to two years in prison for stealing $75,000 in cash that officers seized during criminal investigations.
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Indiana senator calls for judicial nominating commission

May 13, 2015
Marilyn Odendahl
Sen. Dan Coats is calling for the appointment of a commission to assist in finding and nominating candidates for the vacancies on the federal bench.  
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Landowners not prejudiced by approval of wind turbine project

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed that landowners in Wells County who lived next to property that will house wind turbines were not prejudiced by the zoning decision to allow the project to proceed.
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COA issues new opinion in bail case involving self-defense claim

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals has issued a new opinion in its decision involving a man charged with murder who sought to be released on bail, but was denied. The judges again held that James Satterfield should be allowed to present evidence of self-defense at a new bail hearing.
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SEC hits ITT Educational, execs with fraud charges

May 12, 2015
IBJ Staff, J.K. Wall
The Securities and Exchange Commission is suing ITT Educational Services Inc. and its top two executives for fraud, the agency announced Tuesday.
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Journey’s Account Statute does not save woman’s complaint against DOC

May 12, 2015
Jennifer Nelson
A transgendered inmate of the Department of Correction lost before the Court of Appeals in a case seeking personal injury damages from the DOC. The inmate's instant complaint is time-barred and not saved by the Journey's Account Statute, the COA held.
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Revised sentencing statute not applicable to defendant, COA holds

May 12, 2015
Jennifer Nelson
Because a man committed his crime in 1999, well before the effective date of the new Indiana criminal code, the new sentencing statute does not apply to him, the Indiana Court of Appeals held Tuesday.
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Woman’s lien takes priority in property sold at tax sale

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals determined Tuesday that a woman who obtained a judgment lien in 2006 against a co-owner of a property later sold in a tax sale has priority over other claims for the tax sale surplus and that she made a timely claim for the surplus.
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Outlaws member had no legal interest in forfeited properties

May 12, 2015
Jennifer Nelson
A member of the Outlaws Motorcycle Club who claimed an interest in property forfeited to the government after two fellow members pleaded guilty to racketeering charges did not have an interest under the law, the 7th Circuit Court of Appeals affirmed Monday.
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PCR court erred in determining woman violated probation

May 11, 2015
Jennifer Nelson
A post-conviction court incorrectly calculated when a woman’s probation ended, so it erred in finding that she violated probation after the probationary period was complete, the Indiana Court of Appeals ruled.
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Indiana, not Canada, has jurisdiction over child custody dispute

May 11, 2015
Jennifer Nelson
An Indiana court retains jurisdiction over matters involving a child conceived in Indiana but born in Canada after her mother returned to Canada following the breakup of her one-month marriage to the child’s father, the Indiana Court of Appeals ruled Monday. It affirmed the award by the Indiana court that father have custody of the girl.
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Justices decline to review $1.4M verdict against Walgreen

May 11, 2015
Dave Stafford
The Indiana Supreme Court will not review a $1.4 million jury award against Walgreen Co. in favor of a woman whose private prescription records were disclosed to a third party by a pharmacist.
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Judicial estoppel does not apply to juvenile delinquency proceedings, COA rules

May 11, 2015
Jennifer Nelson
A teen who argued that the rationale for applying judicial estoppel against the state in criminal proceedings should not apply in juvenile delinquency proceedings lost his appeal Monday before the Indiana Court of Appeals.
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COA rejects former guardians’ arguments on rehearing

May 8, 2015
Jennifer Nelson
An elderly man's former temporary guardians were unable to convince the Indiana Court of Appeals that it erred in overturning an award to them of $15,000 after finding potential misconduct by the guardians.
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Court seeks comment on reappointment of federal magistrate

May 8, 2015
IL Staff
The U.S. District Court in the Northern District of Indiana wants to hear from the bar and public as to whether a current magistrate judge should be recommended for reappointment.
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Indiana University law schools announce May 9 commencement speakers

May 8, 2015
IL Staff
A former U.S. ambassador to Costa Rica and the current general counsel at The Home Depot will address graduates Saturday at Indiana University Robert H. McKinney School of Law and IU Maurer School of Law, respectively.
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Convictions upheld for man who battered girlfriend, relative at family reunion

May 7, 2015
Jennifer Nelson
The Indiana Court of Appeals found that the victim of a battery at a family reunion was related to the perpetrator under Indiana statute, so the defendant’s Level 6 felony battery conviction was affirmed Thursday.
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Fort Wayne attorney to be magistrate in Allen Superior Court

May 7, 2015
IL Staff
Fort Wayne attorney David M. Zent has been named a magistrate judge in the Allen Superior Court Criminal Division. His first day on the bench is expected to be June 1.
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Court erred in concluding it lacked jurisdiction over military husband

May 7, 2015
Jennifer Nelson
The Indiana Court of Appeals sent a divorce case back to the trial court Thursday because the trial court erred in concluding that it lacked jurisdiction over the husband on division of property and spousal maintenance issues.
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Auto theft conviction of man who did not return rental car upheld

May 7, 2015
Jennifer Nelson
A Porter County man convicted of auto theft argued that his failure to return a rental car was a civil case and misunderstanding with the rental company, but the Court of Appeals upheld his Class D felony conviction.
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IU Maurer to hold Baier naming ceremony Friday

May 7, 2015
IL Staff
Indiana University Maurer School of Law will hold a dedication ceremony for the law school building Friday, which is being renamed Baier Hall in recognition of alum Lowell E. Baier. Baier recently made a $20 million estate gift to the Bloomington law school.
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2nd Circuit: NSA phone record collection is excessive

May 7, 2015
 Associated Press
The bulk collection of Americans' phone records by the government exceeds what Congress has allowed, a federal appeals court said Thursday as it asked Congress to step in and decide how best to protect national security and privacy interests.
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New magistrates approved for 7 counties

May 6, 2015
Marilyn Odendahl
Seven Indiana counties have been given approval to appoint new magistrate judges to their local courts. Gov. Mike Pence signed House Enrolled Act 1110 on May 5.
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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