Legal News

Court affirms termination of parental rights for drug-using mom, dad

November 15, 2012
Dave Stafford
A mother who used methamphetamine while pregnant and continued to abuse drugs after her children were judged in need of services was properly denied parental rights, as was the children’s often-absent father, the Indiana Court of Appeals ruled Thursday.
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Southern District proposes mandatory e-filing, pro hac rule changes

November 15, 2012
Dave Stafford
Nearly all federal court filings in the Southern District will have to be done electronically under local rule changes proposed for the U.S. District Court for the Southern District of Indiana.
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Appeals court rules wrong state law applied in truck crash, but result is same

November 15, 2012
Dave Stafford
A trial court erroneously applied Georgia law in a lawsuit brought by a truck driver injured in a collision in West Virginia, but correctly applied Indiana law yielded the same result, the Indiana Court of Appeals ruled Thursday.
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Owners of foul-smelling washing machines granted class certification by 7th Circuit

November 14, 2012
Marilyn Odendahl
The 7th Circuit Court of Appeals in Chicago has granted class certification to owners of odor-emitting Kenmore washers, allowing their lawsuit against Sears, Roebuck and Co. to go forward. 
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Zoeller, Merritt tour campuses, promote Lifeline law

November 14, 2012
The Indiana state senator who sponsored a law that aims to protect minors from arrest when they seek medical attention for alcohol-related emergencies is joining Indiana Attorney General Greg Zoeller in spreading the word on college campuses.
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COA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing

November 14, 2012
Marilyn Odendahl
A convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s contention as “pure conjecture supported by nothing in the record.”
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Divided COA allows suit after wage claim fails at Department of Labor

November 14, 2012
Dave Stafford
A worker who left employment at a Columbus construction company may pursue his wage claim in court after his complaint had been assigned to the Indiana Department of Labor, a divided panel of the Indiana Court of Appeals ruled.
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Supreme Court upholds trial court’s ruling on professor’s dismissal

November 13, 2012
Marilyn Odendahl
Despite a professor’s claim that he was in a joyous mood when he interacted with a colleague and his actions were harmless, the Indiana Supreme Court upheld his dismissal from his tenured teaching position.
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Rush to take lead on proposed Commission on Children, juvenile panels

November 13, 2012
Dave Stafford
Justice Loretta Rush is poised to take a leading position on matters of juvenile law and head a proposed Indiana Commission on Children, according to an order of the Indiana Supreme Court issued Tuesday.
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Supreme Court takes 2 cases, rejects 17

November 13, 2012
IL Staff
The Indiana Supreme Court took two not-for-publication cases last week and denied transfer in 17 other cases.
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Justices: COA overreached on reversing trial court custody ruling

November 13, 2012
Dave Stafford
The Court of Appeals got it wrong when it reversed a trial court custody modification in favor of a child’s father, the Indiana Supreme Court ruled Tuesday in one of the first opinions joined by Justice Loretta Rush.
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SCOTUS to hear Ball State discrimination complaint

November 12, 2012
IL Staff
A food service worker at Ball State University who claims that the college bears responsibility for racial discrimination by coworkers will have her case heard this month by the Supreme Court of the United States.
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Retired Knox County judge leaves legacy of helping youth

November 12, 2012
IL Staff
Retired Knox County judge and civic leader Edward Charles Theobald died Nov. 9.
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COA to hear challenge to sex offender monitoring program

November 12, 2012
IL Staff
An Allen County man’s argument that the state’s Sex Offender Management and Monitoring Program is unconstitutional will be heard Tuesday by a panel of the Indiana Court of Appeals.
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Feds charge 8 more NW Indiana gang members

November 9, 2012
IL Staff
Federal prosecutors on Friday charged eight alleged Imperial Gangsters street gang members in a 41-count indictment that expands on previous homicide and drug trafficking charges.
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Five indicted on Medicaid fraud charges

November 9, 2012
Dave Stafford
Federal prosecutors this week indicted five people and three affiliated companies on charges of defrauding Medicaid of millions of dollars, according to the office of U.S. Attorney for the Northern District of Indiana David Capp.
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Appeals court finds for insurer in worker’s comp case where victim’s mother died

November 9, 2012
Dave Stafford
The mother of an injured worker whose estate claims she died due to emotional distress caused by an insurer’s handling of her son’s case cannot directly sue the insurer before exhausting the regulatory process, the Indiana Court of Appeals ruled Friday.
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IndyBar to offer free legal advice Nov. 13

November 9, 2012
IL Staff
Attorneys from the Indianapolis Bar Association will offer free legal advice through Legal Line, a call-in service, from 6 to 8 p.m. Tuesday. The number to call is 317-269-2000.
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Man not required to register in Indiana for Illinois crime

November 8, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled it’s a violation of the ex post facto provision of the state’s constitution to require a man who committed a sex crime in Illinois, but now lives in Indiana, to register in Indiana because the laws requiring him to register in both states were enacted after he committed the crime in Illinois.
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Bankruptcy filings down across US, Indiana

November 8, 2012
IL Staff
Bankruptcy cases filed in federal courts for the 12-month period ending Sept. 30 were down 14 percent as compared to fiscal year 2011, the Administrative Office of the U.S. Courts announced Wednesday. Filings are down more than 11 percent in the Northern and Southern District courts of Indiana.
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Greenfield seminar to focus on public access laws

November 8, 2012
Attorneys can get two hours of free continuing legal education credit at a public access seminar next week in Greenfield, the last in a statewide series this year. The event is open to the public and will focus on Indiana’s public records and open government meeting laws.
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Justices take case, revise sentence

November 7, 2012
Jennifer Nelson
In a divided per curiam opinion released Wednesday, the Indiana Supreme Court granted transfer to a case and agreed that a man’s aggregate sentence for criminal recklessness and criminal mischief should be revised to four years. 
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Ex-employee wins appeal and prejudgment interest

November 7, 2012
Jennifer Nelson
A former employee is entitled to commissions owed to him after he left a real estate company, the Indiana Court of Appeals affirmed Wednesday. The judges also found the ex-employee is entitled to prejudgment interest.
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Judges order trial on couple’s responsibility to unpaid subcontractors

November 7, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a decision by a DeKalb Superior judge that Fred and Mary Anna Feitler were personally liable for unpaid bills to subcontractors on their home, which was being constructed on land owned by a trust to which they were sole beneficiaries.
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Candidate facing charges from JQC loses election

November 7, 2012
IL Staff
Tammy R. Davis, the Democratic challenger to incumbent Republican Judge Steven J. Cox of Franklin Circuit Court, appears to have lost her bid to take over Cox’s spot on the bench. According to unofficial numbers from the Indiana Secretary of State’s office Wednesday morning, Davis received around 4,500 votes; Cox received nearly 6,000 votes.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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