Legal News

Justices take first impression insurance case

September 3, 2014
Jennifer Nelson
The Indiana Supreme Court has accepted three cases on transfer, including one that divided the Court of Appeals regarding a jury award to the widow of a motorcyclist injured in a crash.
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Ex-deputy prosecutor Wyser resigns from bar

September 3, 2014
Dave Stafford
Former Marion County deputy prosecutor David Wyser has resigned from the practice of law rather than face proceedings by the Indiana Supreme Court Disciplinary Commission.
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Justices reverse conviction and sentence enhancement related to handgun

September 3, 2014
Jennifer Nelson
Because a man’s firearm enhancement is based on the same behavior used to convict and sentence him for carrying a handgun without a permit, the Indiana Supreme Court vacated the conviction and five-year enhancement.
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COA sets aside auction of mobile homes

September 3, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the sale of several mobile homes through an auction in Hendricks County after finding the buyer did not comply with statutory requirements regarding timelines for conducting an auction.
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Court upholds 3-year sentence for assault on girlfriend

September 3, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that his decision to waive his right to a jury trial deserves some mitigating consideration when sentencing him. The judges affirmed Timothy McSchooler’s three-year prison sentence for strangling his girlfriend.
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State can exclude fuel ethanol plants from ‘chemical process plant’ classification

September 3, 2014
Jennifer Nelson
The Indiana Supreme Court on Tuesday affirmed the decision by state environmental agencies to no longer consider fuel ethanol plants to be a “chemical process plant” under the Clean Air Act. By removing fuel ethanol plants from this classification, those plants may not be subject to stricter regulations.
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Purdue still wants ex-chancellor report secret

September 3, 2014
 Associated Press
Purdue University is continuing efforts to keep secret a report about the ouster of the Fort Wayne campus chancellor, even though federal and state judges have ruled it isn't protected by attorney-client privilege.
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US prosecutors from across nation meeting in Indy

September 3, 2014
 Associated Press
Federal prosecutors from across the country are gathering in Indianapolis to discuss ways to reduce the number of guns in the hands of criminals and other violent crime initiatives.
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Steak n Shake can’t force arbitration with disgruntled franchisees

September 2, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals on Friday affirmed that Steak n Shake Enterprises Inc. cannot compel several of its franchisees to engage in nonbinding arbitration regarding claims brought by the franchisees in federal court. Steak n Shake tried to force arbitration after the restaurants already sued over the requirement all restaurants must adhere to company pricing and promotions.
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7th Circuit dismisses 3 Latin Kings gang members’ appeals

September 2, 2014
Jennifer Nelson
Because three Latin Kings gang members took plea deals with the government after they were charged with several counts – including conspiracy to participate in racketeering – that limited their ability to appeal, the 7th Circuit Court of Appeals threw out their appeals Friday.
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Divided 7th Circuit affirms dismissal of RTW challenge

September 2, 2014
Jennifer Nelson
A split panel on the 7th Circuit Court of Appeals has affirmed the decision by a federal judge in northern Indiana to dismiss a lawsuit brought by a union challenging Indiana’s right-to-work law. The majority concluded the law does not violate the union members’ rights under the U.S. Constitution nor is it preempted by federal labor legislation.
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Solo practitioner named to Lake County bench

September 2, 2014
Marilyn Odendahl
Merrillville attorney Bruce Parent has been named as a judge in the Lake Superior Court, Civil Division.
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Irsay pleads guilty to misdemeanor in drug case

September 2, 2014
 Associated Press
Indianapolis Colts owner Jim Irsay must submit to drug testing for a year after pleading guilty Tuesday to a misdemeanor count of driving while intoxicated stemming from his arrest after a traffic stop in March.
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Tax Court reverses reduction in school corp.'s exempt debt service fund levy

September 2, 2014
Jennifer Nelson
The Indiana Tax Court on Friday overturned the decision by the Department of Local Government Finance to reduce the Gary Community School Corp.’s exempt debt service fund levy for the 2011 budget year. Judge Martha Wentworth found the state agency had no authority to reduce the levy.
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Supreme Court recommends abolishing Marion County township courts

September 2, 2014
Dave Stafford
A report from the National Center for State Courts recommends the nine township small claims venues in Indianapolis transition into a unified section of Marion Superior Courts. The Indiana Supreme Court is asking lawmakers to abolish the current system and unify them with the Superior Courts’ Civil Division effective Jan. 1, 2016.
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Same-sex couples seek to have their Indiana marriages recognized

September 2, 2014
Marilyn Odendahl
Three same-sex couples who married in the days after Indiana’s marriage law was declared unconstitutional have filed a complaint in federal court, asserting the validity of their unions is not affected by the stay issued from the 7th Circuit Court of Appeals.
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Man acquitted in triple-slaying seeks new judgment

September 2, 2014
 Associated Press
A former Indiana State trooper acquitted last year in the slayings of his wife and two children is asking a judge to issue a judgment against a man convicted in the case nearly a decade ago, holding him accountable for their deaths.
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Gary courthouse fire forces shift in 2 more courts

September 2, 2014
 Associated Press
Courts officials in northwestern Indiana have relocated two more courts to other buildings following an electrical fire that damaged part of a courthouse.
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Justices halt ruling striking down right-to-work law

September 2, 2014
 Associated Press
The Indiana Supreme Court on Friday put on hold a lower court judge's ruling striking down the state's right-to-work law and denied a request that it be consolidated with a similar case, clearing the way for the justices to hear arguments on the issue next week.
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Court rules against FedEx in drivers' labor case

August 29, 2014
 Associated Press
A federal court has ruled that FedEx Corp. improperly classified about 2,300 drivers in California as independent contractors instead of employees.
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Teen has 1 adjudication overturned, must still pay restitution

August 29, 2014
Jennifer Nelson
A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims of his crimes.
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Man waited too long to ask for return of cash bond

August 29, 2014
Jennifer Nelson
Although the trial court was not statutorily authorized to retain a man’s cash bond in 2005, the Indiana Court of Appeals affirmed the denial of his motion to release the bond because he waived his argument.
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Judges order new rape trial based on inadmissible evidence

August 29, 2014
Jennifer Nelson
Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.
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Man acquitted of charges in bar fight death

August 29, 2014
 Associated Press
Jurors have acquitted a southern Indiana man of criminal charges for killing a man when he drove a truck over him after a bar fight.
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COA affirms reduction of incarcerated father’s child support obligation

August 29, 2014
Jennifer Nelson
A trial court did not abuse its discretion by reducing a father’s child support and arrearage to an absolute minimum level after he requested review of his obligation, the Indiana Court of Appeals affirmed Friday. The man, who is incarcerated, claimed the court did not consider his income or needs when making the reduction.
More
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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