Legal News

Nonsupport of dependent enhancement not based on number of children

February 17, 2012
Jennifer Nelson
The Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of how many children the parent has.
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7th Circuit affirms sentence for sexual involvement with 12-year-old girl

February 17, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced within the correct guidelines range.
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Justice semi-finalist interviews Feb. 23

February 17, 2012
IL Staff
The seven lawyers in the running to be the next Indiana justice will be interviewed by the Judicial Nominating Commission Feb. 23.
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Appellate court upholds man's detainment

February 16, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that he could not have been detained in the hospital for mental health reasons before an application for detention was filed, which occurred after facility security guards restrained him.
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Justices slash amount non-merit state employees can get in back pay

February 16, 2012
Jennifer Nelson
The Indiana Supreme Court has adjusted the time frame for which state non-merit employees who sued for back pay may be able to recover funds. Instead of the period going back some 20 years, the justices decided the non-merit employee’s time period should be the same as merit employees.
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Judges disagree on state's ability to appeal

February 16, 2012
Jennifer Nelson
The Indiana Court of Appeals issued a divided ruling Thursday on whether the state could appeal the denial of its motion to correct error after the trial court granted a defendant’s motion to suppress evidence. The majority decided the state’s appeal should be dismissed as untimely.
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Justices decline Camm prosecutor case

February 16, 2012
IL Staff
The Indiana Supreme Court decided Tuesday it will not disturb the ruling by the Indiana Court of Appeals that Floyd County Prosecutor Keith Henderson can’t be involved in the retrial of David Camm. Camm is set to be tried for a third time for the murders of his wife and two children.
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Zoeller to serve on national financial fraud task force

February 15, 2012
IL Staff
Indiana Attorney General Greg Zoeller is one of three state attorneys general selected to serve on a consumer protection working group aimed at combating financial fraud.
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Justices reformulate jury instruction

February 15, 2012
The Indiana Supreme Court upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of counsel. In doing so, the justices addressed the use and language of a jury instruction and rewrote it to make it clearer.
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Liquids banned from Southern District courthouses

February 15, 2012
IL Staff
Beginning March 1, visitors to any courthouse in the Southern District of Indiana will not be permitted to bring in their own liquids or beverages. The change comes following a recommendation from the United States Marshals Service.
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Justice applicant pool reflective of Indiana

February 15, 2012
Jennifer Nelson
The percentage of women in the semi-finalist group to be the next state justice decreased as compared to the state's population.
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Dollars for donorsRestricted Content

February 15, 2012
Jenny Montgomery
9th Circuit Court of Appeals decision raises concerns about bone marrow donation.
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Nurses-turned-attorneys have unique insight

February 15, 2012
Jenny Montgomery
Attorney Lorie Brown was a nurse for 12 years before becoming a lawyer. Now, she hopes to help nurses avoid some of the common mistakes that could land them in litigation.
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Ruling leads to questions about pregnant women's rights

February 15, 2012
Jenny Montgomery
The Indiana Court of Appeals was asked on interlocutory appeal to determine whether the Marion Superior Court erred in denying bail for Bei Bei Shuai, a woman being held on charges of attempted feticide and murder.
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Indiana Court Decisions Jan. 26-Feb. 8, 2012

February 15, 2012
IL Staff
Read For Publication opinions from Indiana's appellate courts and the 7th Circuit Court of Appeals.
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Justices dissent on denying transfer in wage payment case

February 14, 2012
Michael Hoskins
Two Indiana Supreme Court justices disagreed with their colleagues about not taking a case on the state’s wage payment statute, issuing dissent that described how they believe the justices should clear up perceived uncertainty about whether the law can be applied to certain claims before the Indiana Department of Labor.
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Justices rule governor doesn't have to testify in IBM case

February 14, 2012
Michael Hoskins
On the same day it heard arguments, the Indiana Supreme Court reversed a Marion Superior judge’s ruling and held that Gov. Mitch Daniels does not have to testify or be deposed in an ongoing lawsuit over the cancelled contract to modernize the state’s welfare system.
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Task force will examine Marion County's small claims courts

February 14, 2012
Michael Hoskins
A new task force will review the practices and procedures of the nine small claims courts within the state’s largest county, following critical reports last year suggesting litigants may not receive the same access to justice in each court or as parties have in other Indiana jurisdictions.
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Vagueness of policy is grounds for reversal

February 14, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has reversed a District Court’s grant of summary judgment in favor of St. Paul Fire & Marine Insurance Company, holding that the language of its insurance policy creates a question of liability for deductible payments.
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On rehearing, COA affirms original opinion

February 14, 2012
Jenny Montgomery
On petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with evidence.
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COA reverses trial court on traffic stop case

February 14, 2012
Jenny Montgomery
The Indiana Court of Appeals has sided with the state in its appeal of a trial court’s ruling.
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Mother's prior statement undermines argument on appeal

February 14, 2012
Jenny Montgomery
A mother who appealed a court’s order acknowledging that her ex-husband is the father of her child cannot prove that the court abused its discretion.
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Justices take environmental, land rights appeals

February 13, 2012
Michael Hoskins
The Indiana Supreme Court accepted two civil cases last week on transfer, in addition to the two-high profile appeals involving legislative fines against lawmakers and Secretary of State Charlie White.
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Appellate court orders hearing on judge's impartiality

February 13, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled that a Monroe Circuit judge abused her discretion in denying a motion to recuse in a small claims case that involved an attorney who previously served as the judge’s election campaign committee chair.
 
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AG's office, state bar partner for statewide food drive

February 13, 2012
IL Staff
Attorney General Greg Zoeller, the Indiana State Bar Association and Feeding Indiana’s Hungry have announced details of the fourth annual March Against Hunger food drive.
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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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