Legal News

SCOTUS rules against Indiana farmer in seed patent case

May 13, 2013
Jennifer Nelson
A unanimous Supreme Court of the United States has ruled that patent exhaustion doesn’t allow a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.
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Man’s prior conviction doesn’t render him a career offender

May 10, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current sentence should be reduced to reflect he isn’t a career offender.
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State not trying to circumvent adverse ruling in refiling charges

May 10, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s felony cocaine dealing conviction, finding the state, when originally dismissing charges and then later refiling them, was not trying to avoid an adverse ruling that barred testimony of a confidential informant.
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Denial of post-conviction relief upheld by COA

May 10, 2013
Jennifer Nelson
Even if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t prejudiced because the trial court explained those consequences.
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COA to trial judges: enter restitution orders at sentencing

May 10, 2013
Jennifer Nelson
The Indiana Court of Appeals sent a case in ‘procedural limbo’ back to trial court to enter a restitution order within 30 days, which will allow the defendant to appeal his aggravated battery conviction. The appellate judges also advised trial courts on the pitfalls of postponing ordering restitution when ordering a sentence.
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Pence signs into law changes to sex offender registry

May 10, 2013
IL Staff
Changes are coming to Indiana’s sex offender registry, thanks to a new law signed by Gov. Mike Pence Thursday.
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Judicial candidate barred from office for 5 years

May 9, 2013
Jennifer Nelson
The attorney who made statements regarding Franklin Circuit Judge Steven Cox’s release of a prisoner during the time she was challenging him for his spot on the bench last fall cannot seek judicial office for five years, the Indiana Supreme Court ruled Thursday. The justices also publicly reprimanded Tammy R. Davis of Brookville.
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Woman who used FedEx to send med mal complaint didn’t timely file

May 9, 2013
Jennifer Nelson
Third-party carriers are not included in the statute regarding filing proposed medical malpractice complaints with the Indiana Department of Insurance, so a woman’s complaint that was sent via FedEx within the two-year statute of limitations – but not stamped until after the limitations expired – is not considered timely filed, the Indiana Court of Appeals ruled.
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Judges reverse teen’s gang-related adjudication

May 9, 2013
Jennifer Nelson
The state was unable to prove that a 14-year-old Indianapolis boy committed criminal gang activity when he and several other juveniles followed another teen after a party, the Indiana Court of Appeals ruled Thursday.
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Residency requirement updated for Hendricks Superior magistrate positions

May 9, 2013
The Hendricks Superior Court – which is seeking two magistrate judges to take the bench –  has changed its residency requirement for applicants. Applicants no longer have to reside in the county at the time of applying, but the two chosen for the jobs must live in Hendricks County by the end of the year.
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Sullivan: Mediation between Lake County judges, magistrates fails

May 9, 2013
IL Staff
Mediation ordered by the Indiana Supreme Court failed to settle a dispute among Lake County judges over a juvenile court vacancy, according to a report filed Wednesday by the former justice who tried to resolve the matter.
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COA: More proceedings are needed on parents’ ITCA compliance

May 8, 2013
Jennifer Nelson
Finding a genuine issue of material fact as to whether Richmond parents’ complied with the Indiana Tort Claims Act notice provision when filing a lawsuit after their severely disabled daughter died at school, the Indiana Court of Appeals ordered that issue to go before a jury.
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Justices suspend attorney for history of ‘unethical litigation practices’

May 8, 2013
Jennifer Nelson
The Indiana Supreme Court has handed down a three-year suspension to an Indianapolis attorney whose conduct “far exceeded zealous advocacy and included repeated abuse of the tools of the legal system.”
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7th Circuit rejects claim that FMLA should be extended to non-eligible employees

May 8, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.
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7th Circuit: ‘Ransom demand’ requires third-party involvement

May 8, 2013
Jennifer Nelson
In order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the 7th Circuit Court of Appeals held Wednesday.
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Attorney General touts consumer bills passed in 2013 legislative session

May 8, 2013
Marilyn Odendahl
Indiana Attorney General Greg Zoeller applauded the Legislature on the number of bills it passed this session which, he said, support law enforcement as well as serve and protect the state’s residents.
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Judge grants class certification in BMV lawsuit

May 8, 2013
IL Staff
A Marion Superior Judge ruled last week that a lawsuit brought against the Indiana Bureau of Motor Vehicles for allegedly overcharging drivers may proceed as a class-action lawsuit.
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National fraternity not entitled to summary judgment in wrongful death case

May 8, 2013
Jennifer Nelson
The national organization of a Wabash College fraternity where a freshman pledge died after a night of heavy drinking is not entitled to summary judgment on the student’s parents’ claims arising from his wrongful death, the Indiana Court of Appeals ruled.
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Changes coming to prosecuting attorneys retirement fund

May 8, 2013
Jennifer Nelson
On Tuesday, Gov. Mike Pence signed into law HEA 1057, which will alter the prosecuting attorneys retirement fund to incorporate several features that are found in the 1985 judges’ retirement system.
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Brown County team wins inaugural civic education invitational

May 8, 2013
IL Staff
An Indiana junior high school team has brought home the crown from a newly created civic education competition held in Washington, D.C., May 3 through 7.
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On the road, jurists give public access to appellate cases

May 8, 2013
Dave Stafford
It’s no accident that on a college campus in Richmond recently, the Indiana Supreme Court heard a case that involves allegations of hazing and potential liability for an incident at a Wabash College fraternity.
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Finding a new course for legal education

May 8, 2013
Marilyn Odendahl
ABA task force meets at Indiana University Robert H. McKinney School of Law to solicit ideas for potential changes to how law schools prepare students.
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Social media sleuths find evidence, but admissibility requires authentication

May 8, 2013
Dave Stafford
What happens on Facebook stays on Facebook – forever – and attorneys conceivably run into risk if they fail to investigate pertinent posts, a judge suggested during a presentation about social media evidence.
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Taking them at their word

May 8, 2013
Marilyn Odendahl
The work of interpreters is exhausting, but vital to protecting individual rights.
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Chief Justice Roberts says budget cuts translate into judicial furlough and layoffs

May 7, 2013
Marilyn Odendahl
Chief Justice of the United States John Roberts used part of his address to the 7th Circuit to highlight the fiscal constraints judges and courts are facing today.
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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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