Legal News

7th Circuit rules man entitled to new hearing on crack-cocaine sentence

January 30, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a prisoner’s motion for a reduced sentence for distributing crack cocaine, finding that he is allowed to bring his petition for relief under 28 U.S.C. Section 2255.
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New part-time law school program launched at Indiana Tech

January 30, 2015
Marilyn Odendahl
Indiana Tech Law School has started a part-time day program to allow students to obtain their J.D. in as many as seven years.
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Expungement law still being perfected, legislator says

January 29, 2015
Marilyn Odendahl
County clerks being overrun by expungement petitions are asking the Legislature to impose a filing fee to help offset the costs of processing the forms and restricting the records.
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Senate votes to raise judicial retirement age

January 29, 2015
Dave Stafford
Indiana appellate judges could serve until age 80 under a bill that cleared the Indiana Senate Thursday.
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Restaurant not entitled to return of insurance proceeds seized

January 29, 2015
Jennifer Nelson
A Mexican restaurant that is part of a chain which has been under investigation by Marion and Tippecanoe county officials will not have insurance funds seized from a bank account returned, the Indiana Court of Appeals ruled Thursday.
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Judge admonishes losing counsel in long-running litigation

January 29, 2015
Dave Stafford
A federal judge admonished a lawyer Wednesday whose clients were found to have abused the process in prosecuting a trademark infringement suit against a similar wine-and-art business.
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COA rules teachers may negotiate for ancillary duty compensation

January 28, 2015
Jennifer Nelson
A dispute between a school corporation and teachers association that made its way before the Indiana Court of Appeals led to the court concluding the teachers may qualify for overtime for performing school-related duties outside of their normal teaching hours.
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Gang member’s sentence for bar fight reduced

January 28, 2015
Jennifer Nelson
The convictions of a gang member stemming from his role in a bar fight were upheld by the Court of Appeals Wednesday, but the judges ordered his sentence shortened because the convictions all occurred during a single episode of criminal conduct.
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7th Circuit upholds new conviction, cannot address registration requirement

January 28, 2015
Jennifer Nelson
Although a judge communicated that a man must register as a sex offender based on the Sex Offender and Registration Notification Act, because that decision was not incorporated into the judge’s final ruling, there is nothing for the 7th Circuit Court of Appeals to review regarding his challenge to that part of his sentence.
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Juvenile’s delinquent adjudication reversed based on illegal search

January 28, 2015
Jennifer Nelson
Because the physical evidence used to adjudicate a teen as delinquent was the direct result of an illegal search of his backpack by police, the Indiana Court of Appeals reversed.
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7th Circuit affirms dismissal of workplace discrimination suit

January 28, 2015
Dave Stafford
A Sudanese woman’s discrimination suit against a Jeffersonville shipyard where she had worked as a welder was properly dismissed, the 7th Circuit Court of Appeals ruled Tuesday.
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Group working to lure national medical-legal conference to Indianapolis

January 28, 2015
Marilyn Odendahl
A group of legal and medical professionals will launch an effort Thursday to bring a super bowl – of sorts – to Indianapolis.
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Chavis to chair Marion Superior Executive Committee

January 28, 2015
IL Staff
Marion Superior Civil Division 12 Judge John M.T. Chavis II will chair the 2015-2016 term of the courts’ executive committee.
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Denial by justices to take prosecutorial misconduct case draws dissent

January 28, 2015
Jennifer Nelson
Believing that the Indiana Supreme Court should have taken a case involving the “disturbing trend” of alleged prosecutorial misconduct, two justices dissented from their colleagues' decision to not accept the case.
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Rush rolls out commercial court plan in State of Judiciary

January 28, 2015
Dave Stafford
Commercial courts heralded by Indiana Chief Justice Loretta Rush in her first State of the Judiciary address could be in business soon, with the first pilots launching as early as this summer, according to judges and lawyers involved in developing the plans.
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Changes being considered for medical malpractice claims

January 28, 2015
Dave Stafford
More medical malpractice cases could be filed directly in state trial courts without first having to go through the exhaustive and mandatory medical review process under legislation pending in the Indiana Senate. A proposal in the Indiana House of Representatives aims to raise the caps on damages and insurer liability.
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House panel backs new rules after nursing home scandal

January 27, 2015
 Associated Press
An Indiana House committee has endorsed tighter rules on the conduct of lawmakers in the wake of an ethics investigation of a top Republican who fought privately to defeat legislation that would have hurt his family's business.
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‘Spice’ law void for vagueness, divided panels rule

January 27, 2015
Dave Stafford
Divided Court of Appeals panels found Indiana’s “spice” law void for vagueness in two separate cases Tuesday.
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Panel backs religion-based hiring by Indiana contractors

January 27, 2015
 Associated Press
An Indiana legislative panel has endorsed a bill allowing religious institutions that receive state and local government contracts to make hiring decisions based upon religion.
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Plea deal reached in central Indiana animal cruelty case

January 27, 2015
 Associated Press
A central Indiana couple charged with animal cruelty after 171 dead animals were found on their farm have pleaded guilty to four counts each of improper disposal of a dead animal.
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Kokomo sues state over proposed downtown baseball park

January 27, 2015
 Associated Press
The city of Kokomo is suing the state over its opposition to a proposed downtown baseball stadium.
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State union membership counters national trend

January 27, 2015
 Associated Press, IBJ Staff
Indiana bucked a national trend in 2014 by experiencing an increase in labor union membership, new statistics released by the U. S. Labor Department show.
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Lack of evidence allows periodontists to leave office space

January 26, 2015
Marilyn Odendahl
Having failed to produce sufficient evidence that the terms of a lease agreement had been waived, a landlord will have to allow a pair of tenants to vacate the property with no financial penalty.
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Mock trial volunteers needed

January 26, 2015
Marilyn Odendahl
Indiana attorneys are being offered the opportunity to show off their judicial skills. The Indiana Bar Foundation is seeking lawyers to volunteer as judges during the 2015 Indiana High School Mock Trial Competition.
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Explosion case cemented Richmond attorney's reputation

January 26, 2015
 Associated Press
Kent Klinge learned the basics of law in school. But it was in a Connersville courtroom where he became a lawyer. Klinge, who was one of the top trial lawyers in Richmond for more than 25 years in the 1970s, '80s and '90s, retired from practice as a partner at Boston Bever Klinge Cross & Chidester in Richmond on Jan. 1 after a 47-year career.
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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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