Legal News

Marriage amendment vote put off until 2014

February 7, 2013
IL Staff
Indiana legislators have decided to hold off on pursuing this session an amendment to the state constitution defining marriage between a man and woman, citing the pending cases on the topic before the U.S. Supreme Court.
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Marsh defense: Travel was integral to company success

February 7, 2013
Scott Olson
Without membership in certain international business organizations, Don Marsh says he could not have built his grocery chain into a billion-dollar company.
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Bales trial in jury's hands after colorful closings

February 7, 2013
Cory Schouten
The jury began deliberations Thursday in the federal fraud trial of Indianapolis real estate broker John M. Bales and partner William E. Spencer after three hours of spirited closing arguments Wednesday.
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Judges uphold man’s 151-month sentence

February 7, 2013
Jennifer Nelson
A judge on the 7th Circuit Court of Appeals believed a defendant was entitled to resentencing because the District judge could only view him through “career-offender tinted glasses” even though the career offender distinction did not ultimately apply to him.
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District judge incorrectly dismissed prisoner’s suit for length and unintelligibility

February 7, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals ordered U.S. Judge William T. Lawrence to take another look at a federal prisoner’s Bivens lawsuit against prison staff and other unnamed defendants, finding that the lawsuit is actually written clearly and not as long as the judge believed when dismissing it.
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Woman’s sentence revised because she is not among ‘worst offenders’

February 7, 2013
Jennifer Nelson
A home health care nurse whose flight from police while high on drugs and with her 89-year-old patient in the car had her sentence reduced because the Court of Appeals concluded she is not among the “worst offenders.” The high-speed chase led to a crash and the death of the patient from injuries she sustained.
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Court split over denial to commit man with dementia

February 7, 2013
Jennifer Nelson
Although the majority on the Indiana Court of Appeals acknowledged it would have been better for the trial court to follow the statutory commitment procedures instead of outright denying the state’s motion to commit, it affirmed the trial court’s conclusion.
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Judges uphold convictions stemming from bank robbery

February 7, 2013
Jennifer Nelson
Terry Smith made five arguments to the Indiana Court of Appeals as to why his convictions of robbery and other charges related to his robbing of an Indianapolis bank should be thrown out, but the judges weren’t persuaded to reverse his convictions.
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Defendant entitled to resentencing under Fair Sentencing Act

February 7, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals upheld a northern Indiana man’s convictions of distributing crack cocaine and conspiracy to distribute the drug, but found that he is entitled to resentencing under the Fair Sentencing Act of 2010.
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Prisoners can seek reductions of crack cocaine sentences

February 7, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals concluded two judges in the Northern District of Indiana should take another look at two defendants’ requests to have their sentences for crack cocaine offenses reduced based on revised sentencing guidelines.
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Mishawaka man sues Walgreens over alleged violation of 'guns in workplace' laws

February 7, 2013
Jennifer Nelson
A former Walgreens store employee plans to file a lawsuit Thursday in St. Joseph County alleging the company fired him for lawfully carrying his gun into another Walgreens location where his wife worked.
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Judges affirm man’s drug conviction

February 6, 2013
IL Staff
A man stopped by police while driving through Vigo County for unsafe lane movement – and later convicted of Class A felony dealing in cocaine – couldn’t convince the Indiana Court of Appeals that his conviction should be overturned.
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Human trafficking bill goes to full Senate

February 6, 2013
IL Staff
A bill to strengthen the state’s human trafficking law – which was passed last year in anticipation of Indianapolis hosting the Super Bowl, has made it out of committee.
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COA: Parties must arbitrate dispute over insurance coverage

February 6, 2013
Jennifer Nelson
The Indiana Court of Appeals found a trial court erred when it failed to enforce an arbitration provision of an insurance policy issued by Pekin Insurance Co. and ordered a couple’s lawsuit against their insurer stayed until arbitration is complete.
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Federal court to stage Underground Railroad event for Black History month

February 6, 2013
IL Staff
The U.S. District Court for the Southern District of Indiana will celebrate Black History Month with the presentation “Escape of Caroline,” based on a true story of the Underground Railroad.
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Marsh: Company code of conduct didn’t apply to him

February 6, 2013
Scott Olson
Don Marsh continued to use the company jet for personal reasons even after Marsh Supermarkets Inc. adopted a code of conduct to discourage financial fraud within the company, a lawyer for the supermarket chain alleged Wednesday morning in an Indianapolis courtroom.
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Defense rests in Bales trial after flurry of witnesses

February 6, 2013
Cory Schouten
Closing arguments are expected to begin Wednesday afternoon in the federal fraud trial of Indianapolis real estate broker John M. Bales and partner William E. Spencer after the defense raced through seven witnesses Tuesday and early Wednesday.
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Justices take 4 cases

February 5, 2013
IL Staff
The Indiana Supreme Court granted transfer to four cases last week, including three that involved divided lower court rulings.
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COA orders trial on drug charges

February 5, 2013
Jennifer Nelson
On interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.
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Judges uphold sexually violent predator status

February 5, 2013
Jennifer Nelson
The Indiana Court of Appeals found a defendant failed to establish that the process used to determine his sexually violent predator status constituted a fundamental error, so the court upheld the SVP status.
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Man entitled to new trial based on trial counsel’s performance

February 5, 2013
Jennifer Nelson
A man convicted on a drug dealing charge and found to be a serious violent felon will have a new trial because his trial attorney did not file a motion to bifurcate the dealing and SVF charges, which prejudiced him, the Indiana Court of Appeals ruled.
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Constitutional amendment on right to hunt, fish out of committee

February 5, 2013
IL Staff
A proposal to add the right of Hoosiers to hunt and fish to the Indiana Constitution passed unanimously out of the Senate Committee on Agriculture and Natural Resources Monday.
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DWD, prosecutor team up to target unemployment insurance fraud

February 5, 2013
IL Staff
Indiana Department of Workforce Development Commissioner Scott Sanders and Marion County Prosecutor Terry Curry announced a new partnership between the offices Monday to investigate and prosecute individuals accused of fraudulent unemployment insurance claims.
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Eliminating judges’ mandatory retirement to get hearing

February 5, 2013
Dave Stafford
A bill to eliminate mandatory retirement at age 75 for Indiana Supreme Court justices and Court of Appeals judges will be heard in the Senate Judiciary Committee on Wednesday.
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Longtime IU Maurer dean worked in ‘dream job’ for 33 years

February 4, 2013
IL Staff
Leonard Dennis Fromm, associate dean for students and alumni affairs at Indiana University Maurer School of Law, died Feb. 2 at the I.U. Health Bone Marrow Transplant Unit in Indianapolis. A celebration of his life will be held later this week.
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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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