Legal News

Judges uphold man’s conspiracy conviction

April 23, 2014
Jennifer Nelson
Although the state charged a man with the non-existent crime of “conspiracy to commit attempted armed robbery,” the record shows Matthew Wilhoite was actually convicted of conspiring to commit armed robbery. As such, the Indiana Court of Appeals rejected his claim he was convicted of a crime that doesn’t exist.
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COA adopts rule allowing for partial subordination of 1st lienholder’s interest

April 23, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday decided the state should follow the majority rule on agreements to modify the priority of liens securing interests in a borrower’s assets.
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Judges affirm ex-wife’s cut of lottery winnings

April 23, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a woman’s contention that she should be entitled to more than 2.5 percent of her ex-husband’s lottery winnings based on his admission that 70 percent distribution would be “fair and equitable.”
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COA: Search of passenger not unconstitutional

April 23, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a woman’s claim that drugs found in her possession should not have been admitted at trial because a police search of her after a traffic stop violated the federal and state constitutions.
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SCOTUS upholds Michigan affirmative-action ban

April 23, 2014
IL Staff
The Supreme Court of the United States by a vote of 6-2 Tuesday upheld Michigan’s constitutional amendment banning the use of affirmative action by its public universities.
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Motions in marriage lawsuits attack non-recognition of same-sex unions

April 23, 2014
Marilyn Odendahl
Claiming they have a fundamental right to marry, same-sex couples married outside of Indiana have filed separate motions asking the court to grant summary judgment in favor of their challenges to Indiana’s marriage law.
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Court video project exposes problems

April 23, 2014
Dave Stafford
The Supreme Court wanted feedback on a pilot project using an audio-video record as the official appellate transcript in three Indiana courts. Lawyers at a recent discussion on the topic appear to favor pulling the plug.
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Rise of the zombie house

April 23, 2014
Marilyn Odendahl
When a bank files a motion to set aside a foreclosure judgment, often the courts consider the filing good news, assuming the lender and the homeowner have reached a settlement. But things aren’t always what they seem, and courts can be at risk of being duped.
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Ruling may hint at future of Indiana's marriage law

April 23, 2014
Marilyn Odendahl
Although the plaintiffs’ attorneys and the Indiana attorney general both emphasize a federal judge’s temporary order that the state recognize the marriage of one same-sex couple is short-term and limited, the ruling has given gay marriage proponents hope that Indiana’s marriage statute will ultimately be ruled unconstitutional.
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Assertion of state’s rights may not support same-sex marriage ban

April 22, 2014
Marilyn Odendahl
Indiana is contenting that states have the authority to define marriage, but the federal court and the ACLU of Indiana have given little merit to the state’s arguments for maintaining a ban on same-sex marriage.
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Defender’s trial strategy trumps inmate’s pro se early-trial request

April 22, 2014
Dave Stafford
A prison inmate who asked for a public defender then said at an initial hearing he wanted to “file for fast and speedy trial too” lost his appeal that argued the court erred by not ruling on his request and his trial counsel was ineffective.
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Hogsett: Machine gun case most ‘egregious,’ ‘dangerous’ he’s seen

April 22, 2014
IL Staff
Joe Hogsett on Tuesday announced the maximum penalty was warranted in a felony firearm case he called the most “egregious and dangerous” he’s seen during his time as U.S. attorney for the Southern District of Indiana.
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Government drops Conour sentence appeal

April 22, 2014
Dave Stafford
The U.S. attorney’s office will no longer seek a longer prison sentence for convicted legal fraudster William Conour, according to documents filed recently in the 7th Circuit Court of Appeals. Conour’s appeal will move forward.
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Grandparents lose adoption appeal in first-impression case

April 22, 2014
Dave Stafford
Grandparents who filed late motions challenging a stepfather’s adoption of a 6-year-old are not entitled to relief based on their argument they didn’t receive legal notice, the Indiana Court of Appeals ruled Tuesday in a family law case raising two issues of first impression.
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Parallel parenting provision divides COA

April 22, 2014
Marilyn Odendahl
In reversing a trial court’s modification of the custody agreement even though neither parent requested a change in custody, the Indiana Court of Appeals split over how much discretion a Parallel Parenting Time Order grants a court.
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Reversal: Neighbors may intervene in environmental cleanup case

April 21, 2014
Dave Stafford
Businesses neighboring an Indianapolis industrial property that was forced to clean up hazardous chemicals were improperly shut out of litigation involving the city and state, the Indiana Court of Appeals ruled Monday.
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Brandeis home being sold at auction

April 21, 2014
Marilyn Odendahl
The boyhood home of the late Supreme Court of the United States Justice Louis Brandeis, credited as the place where he began developing the social philosophy that underscored his legal career, is going on the auction block.
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Utica school preservationists win reversal, get day in court

April 21, 2014
Dave Stafford
Clark County residents who sued township officials over how a former school in the Ohio River community of Utica was being used will get to plead their case, the Indiana Court of Appeals ruled Monday, reversing a trial court order for the township.
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7th Circuit affirms Wisconsin’s limits on unions, Indiana RTW challenge remains

April 18, 2014
Marilyn Odendahl
While still considering a challenge to Indiana’s right-to-work law, the 7th Circuit Court of Appeals has affirmed Wisconsin’s statute limiting the collective bargaining power of some public sector unions. 
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Brokers fear criminal justice complex could harm downtown Indianapolis

April 18, 2014
Kathleen McLaughlin, IBJ Staff
Creating a new criminal justice complex outside of downtown Indianapolis will mean big changes for the Mile Square, and some real estate brokers think the transition will be painful.
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Ethics Committee schedules hearing to review legislator’s actions

April 17, 2014
IL Staff
The House Committee on Ethics has scheduled a meeting to review whether Rep. P. Eric Turner violated legislative ethics when he pushed caucus members to vote against a bill that would have potentially hurt his family’s business interests.
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Judges uphold custody award of non-biological child to stepfather

April 17, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed an award granting a man primary physical custody of his child with his ex-wife, as well as her daughter from a previous relationship.
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Judge: Assessor waived objection

April 17, 2014
Jennifer Nelson
The Indiana Tax Court denied the Jefferson County assessor’s request that a couple’s appeal of the assessment of their residential real property be dismissed, finding the assessor waived her objection to the timeliness of the couple’s administrative record request.
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COA reverses award of attorney fees to couple

April 17, 2014
Jennifer Nelson
The Indiana Court of Appeals found a trial court erred in awarding attorney fees to a couple that sued their insurer following a car accident. The trial court ruled that GEICO litigated the claim in bad faith.
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Employee defection sparks battle between brokerages

April 17, 2014
Chris O'Malley, IBJ Staff
Hylant Group says a former worker in its Carmel offices broke a non-compete agreement and poached clients for his new insurance-brokerage gig in Indianapolis.

 
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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