Legal News

3 named as finalists for Allen Superior bench

April 26, 2013
IL Staff
The Allen Superior Court Judicial Nominating Commission announced Friday that Allen Superior Magistrate Judges Craig Bobay and Jennifer DeGroote, and Barrett & McNagny LLP attorney Michael Michmerhuizen have been selected as finalists for the judgeship that will be open as a result of Stephen Sims' retirement.
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Child support case presents issue of first impression

April 26, 2013
Jennifer Nelson
The Indiana Court of Appeals was presented with an issue for the first time: whether a child support order should be reduced for the time a child is living on campus when a court has found that the child has repudiated the non-custodial parent, and on that basis refused to enter an educational support order.
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Court split over whether petition for review should be dismissed

April 26, 2013
Jennifer Nelson
The dissenting judge in a case involving the dismissal of a company’s petition for judicial review of a decision by the Alcohol and Tobacco Commission believed the petition must be dismissed based on the language of the Administrative Orders and Procedures Act. The majority ordered resolution of the issue on the merits.
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Man entitled to benefits for injuries sustained on the job

April 26, 2013
Jennifer Nelson
Finding that a construction supervisor’s receipt of unemployment benefits didn’t preclude him from eligibility for temporary total disability benefits, the Indiana Court of Appeals affirmed a total award of more than $61,000 to the injured worker.
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Community court organizes food drive to commemorate 12th anniversary

April 26, 2013
IL Staff
Indianapolis Community Court, the only community court in the state, will host a food and clothing drive April 27 for the David S. Moore Food Pantry located in Community Court in Fountain Square.
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Federal civil, bankruptcy fees to increase May 1

April 26, 2013
IL Staff
The fee for filing a civil case in federal court will increase from $350 to $400 May 1. The new $50 general administrative fee for filing a civil action, lawsuit or proceeding in a District Court was approved by the Judicial Conference of the United States in September 2012.
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Rat poison not yet linked to Shuai newborn death

April 25, 2013
Dave Stafford
Prosecutors acknowledged Thursday they could not currently provide a witness who would definitively testify that rat poison Bei Bei Shuai ingested was the cause of her newborn’s death, for which she stands charged with murder.
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COA: Glove not enough to convict man of burglary

April 25, 2013
Jennifer Nelson
Worried that upholding a man’s conviction based solely on DNA presence on a glove found at a crime scene would create a precedent for criminals to frame someone else, the Indiana Court of Appeals reversed a burglary conviction out of St. Joseph County. 
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Governor signs bill adding county judges

April 25, 2013
IL Staff
Gov. Mike Pence signed Senate Enrolled Act 486 Wednesday, which will allow three counties to appoint additional magistrates or judges.
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7th Circuit rules for employer on fired worker’s claims

April 25, 2013
Jennifer Nelson
An Italian-born naturalized U.S. citizen who sued his former employer for religious discrimination and defamation after he was fired could not prove his claims before the 7th Circuit Court of Appeals.
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Court affirms murder conviction of man who killed stepdaughter

April 24, 2013
Jennifer Nelson
A southern Indiana man was not able to convince the Indiana Court of Appeals that the court should overturn his convictions of murder and other charges for stabbing his stepdaughter.
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Habitual traffic violator’s conviction upheld

April 24, 2013
Jennifer Nelson
Inaction by the Bureau of Motor Vehicles to update a man’s driving record to reflect his lifetime suspended license is not enough to nullify a statutory requirement that his lifetime suspension be imposed, the Indiana Court of Appeals ruled Wednesday.
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COA: Driving to avoid potholes isn’t enough to stop car

April 24, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the suppression of evidence in a man’s drunken-driving case, finding police did not have reasonable suspicion to pull the man over because he was driving left of center on a county road to avoid poor road conditions.
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Allen Superior judge applicant interviews Thursday

April 24, 2013
IL Staff
The Allen Superior Court Judicial Nominating Commission will interview eight applicants April 25 for Judge Stephen Sims’ spot on the Superior Court. Sims retires Friday.
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Justices focus on hazing, duty in Wabash fraternity case

April 24, 2013
Dave Stafford
Indiana Supreme Court justices on Tuesday quizzed attorneys about what constitutes hazing and whether Wabash College and a fraternity chapter owed a duty to protect a pledge injured when fraternity brothers placed him in a chokehold then dropped him.
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Women Lawyers Association to honor Rush, female jurists

April 24, 2013
IL Staff
The Lake County-based Women Lawyers Association will pay tribute to Indiana Justice Loretta Rush, the state’s second female justice, during a reception next month.
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Aid rises for those wrongly convicted

April 24, 2013
Dave Stafford
Prosecutors and police helped clear more than half of those exonerated in 2012, according to a report by the National Registry of Exonerations.
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Law students provide vital help to immigrants

April 24, 2013
Marilyn Odendahl
Law professors involved with immigration clinics agree that a change in the national immigration law could create more work for the clinics, especially if undocumented workers currently in the country had a path to citizenship.
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Mediation space key to resolution, even if it’s a getaway divorce

April 24, 2013
Dave Stafford
Just because a dispute might be ugly, it doesn’t mean the surroundings have to be.
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Follow-up support needed for mediation success

April 24, 2013
Marilyn Odendahl
The Neighborhood Christian Legal Clinic launches new three-phase program that also incorporates education.
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Humvee maker wins $277M

April 24, 2013
Dave Stafford
A defense subcontractor marked up kits, resulting in millions of dollars in armor overcharges.
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General Assembly votes on expungement and constitutional convention bills

April 23, 2013
IL Staff
Hoosiers with criminal records might soon be able to erase their past.
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Legal Education Task Force to meet at IU McKinney

April 23, 2013
Marilyn Odendahl
The American Bar Association Task Force on the Future of Legal Education will examine how students are trained to be lawyers during a special meeting April 24 at the Indiana University Robert H. McKinney School of Law.
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COA says argument over wording of robbery statute is issue of first impression

April 23, 2013
Marilyn Odendahl
An argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.
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Admission of violation is too little to revoke probation

April 23, 2013
Marilyn Odendahl
A Marion County man’s admission of a probation violation is not enough to revoke his probation without an evidentiary hearing, the Indiana Court of Appeals has ruled.
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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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