Legal News

Contingency fees still help to provide access to courts

February 25, 2015
Marilyn Odendahl
Twenty-five years later, a plaintiff’s attorney says changes to statutes have impacted awards, but the system remains necessary.
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The first 2 law schools to drop the LSAT could be just the beginning

February 24, 2015
 Bloomberg News
Two law schools said this month that they would begin accepting applicants who have not taken the Law School Admissions Test, a move that may help curb weak interest and plunging enrollments in law schools across the country.
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Professor says verdict highlights need for Congress to revisit terrorism law

February 24, 2015
Marilyn Odendahl
A historic $218.5 million verdict handed down Feb. 23 against Palestinian organizations for a series of terrorist attacks that killed or injured several U.S. citizens could bring unintended consequences and should cause Congress to reexamine federal terrorism statutes, according to a prominent Indiana legal scholar.
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Lease doesn't bar dentist's slip-and-fall suit against landlord

February 24, 2015
Dave Stafford
A dentist who slipped and fell on a patch of ice outside his office may pursue a negligence and personal-injury lawsuit against his professional corporation’s landlord, the Court of Appeals affirmed Tuesday.
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GOP-led Senate advances bill protecting religious objections

February 24, 2015
 Associated Press
A proposal that supporters say would allow people with strong religious beliefs to not provide services for same-sex weddings has been approved by the Indiana Senate.
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Legislator: Sunday alcohol bill 'did not have the votes'

February 24, 2015
 Associated Press
Indiana will keep the distinction of being the last state with a "blue law" banning Sunday carry-out alcohol sales after the sponsor of a bill that would have lifted the ban said Tuesday the measure is dead.
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Attorney: Settlement reached in parasailing crash lawsuit

February 24, 2015
 Associated Press
An attorney for two Indiana teenagers who were seriously injured in a Florida parasailing crash says a settlement has been reached in a lawsuit filed by one of the victim's parents.
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Indiana House backs repeal of state construction wage law

February 24, 2015
 Associated Press
The Indiana House on Monday approved a Republican-led push for eliminating the state system that sets wages for public construction projects, although its fate in the state Senate is uncertain.
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Council members: Delay justice center decision until after election

February 23, 2015
Kathleen McLaughlin, IBJ Staff
The odds the Indianapolis City-County Council will approve plans for a new criminal justice center this year are tanking fast.
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Menard: Toss Hilberts' attorneys for wrongdoing

February 23, 2015
IBJ Staff, J.K. Wall
Lawyers for Indianapolis power couple Steve and Tomisue Hilbert are slinging “ludicrous allegations” of witness tampering just to cover up their own wrongdoing, according to the latest broadside from the attorneys representing John Menard, the Hilberts’ former business partner.
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Friedlander to resign from Court of Appeals

February 23, 2015
Dave Stafford
Indiana Court of Appeals Judge Ezra Friedlander will retire in August, the court announced Monday, about a year-and-a-half before he would have faced mandatory retirement.
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Justices won’t give lawyers access to secret court records

February 23, 2015
 Associated Press
The Supreme Court of the United States will not consider giving a man accused of trying to ignite a bomb in downtown Chicago access to secret intelligence-court records.
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Report: Ex-Purdue chancellor’s forced retirement bungled

February 23, 2015
 Associated Press
A newly released report that Purdue University had fought in court to keep secret concluded that school officials bungled the forced retirement of Indiana-Purdue Fort Wayne's former chancellor, causing his departure to turn into an “ugly situation.”
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Lawmakers poised to vote on allowing Sunday alcohol sales

February 23, 2015
 Associated Press
State lawmakers are poised to vote on bills to legalize Sunday carry-out alcohol sales and repeal Indiana's law that sets wages for public construction projects.
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7th Circuit reverses denial of disability benefits

February 20, 2015
Dave Stafford
An administrative law judge’s denial of Social Security disability benefits for a man who the Veterans Administration determined was totally disabled cannot be sustained, the 7th Circuit Court of Appeals ruled Friday.
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COA finds dual conviction violated double jeopardy

February 20, 2015
Marilyn Odendahl
On a sua sponte review, the Indiana Court of Appeals overturned one conviction of a Hamilton County woman who was found guilty of charges surrounding the death of an infant in her care.
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Appeals court opens RX database to defendant’s subpoena

February 20, 2015
Dave Stafford
A woman charged with possession of a controlled substance who claimed she had a prescription may seek information from the state prescription database, the Indiana Court of Appeals held in a reversal.
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Opinions Feb. 20, 2015 ILD

February 20, 2015
Indiana Court of Appeals
Kevin Watson v. State of Indiana (mem. dec.)
49A02-1408-CR-536
Criminal. Affirms Watson’s conviction of Class A misdemeanor battery after a fight with his half-sister. Concludes that evidence is sufficient to rebut his self-defense claim.

In the Matter of: E.A., Jr., Child in need of Services, and E.A., Sr. (Father) and N.A. (Stepmother) v. The Indiana Department of Child Services (mem. dec.)
20A03-1410-JC-360
Juvenile CHINS. Remands to the trial court for more specific findings regarding its reasoning for the adjudication of E.A. as a child in need of services.

Larry Marshall v. State of Indiana (mem. dec.)
48A02-1406-CR-459
Criminal. Affirms the revocation of Marshall’s two-year work-release placement and two-year suspended sentence and the order for him to serve his sentence in the Indiana Department of Correction.  

Danny Lewis v. State of Indiana (mem. dec.)
29A04-1409-CR-440
Criminal. Affirms conviction of one count of invasion of privacy, as a Class A misdemeanor.

Keytron W. Johnson v. State of Indiana (mem. dec.)
02A05-1408-CR-370
Criminal. Reverses and remands the trial court’s denial of Johnson’s pro se petition seeking credit time for completing various education programs. Concludes the denial was premature and contrary to the procedure established in the post-conviction rules.  

David A. Brewster v. State of Indiana (mem. dec.)
01A02-1408-CR-559
Criminal. Affirms four-and-a-half-year sentence for pleading guilty to domestic battery, a Class D felony; disorderly conduct, a Class B misdemeanor under Cause Number 138; domestic battery, a Class D felony; and invasion of privacy, a Class A misdemeanor under Cause Number 184.

Troy Shawn Meyers v. State of Indiana (mem. dec.)
45A03-1405-CR-176
Criminal. Affirms conviction of Class C felony involuntary manslaughter.

Jesse Edward Atwood v. State of Indiana (mem. dec.)
73A01-1407-CR-324
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct stemming from a physical altercation between Atwood and another jail inmate.

Imari Butler v. State of Indiana (mem. dec.)
49A04-1406-CR-284
Criminal. Affirms Butler’s adjudication as a habitual offender.

Charles M. Woolsey v. State of Indiana (mem. dec.)
19A01-1407-CR-301
Criminal. Reverses summary denial of Woolsey’s petition for post-conviction relief. Finds Woolsey pleaded sufficient facts to raise an issue of possible merit. Remands for further proceedings on his ineffective assistance of counsel claim.

 

 
More

Tax Court affirms denial of exemptions on lake property

February 20, 2015
Dave Stafford
A Lake Wawasee homeowners association failed to persuade the Indiana Tax Court to overturn Board of Tax Review denials of exemptions for waterfront property it claimed was maintained to retain and preserve the natural characteristics of land and water.
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Absence of evidence douses tobacco charge

February 20, 2015
Marilyn Odendahl
An Indiana inmate’s punishment for allegedly trafficking in tobacco was snuffed out when the 7th Circuit Court of Appeals found he was convicted without evidence of guilt.
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Texas attorney general argues gay couple's marriage is void

February 20, 2015
 Associated Press
As a newlywed lesbian couple in Texas celebrate defying a statewide ban on gay marriage, the state's Republican attorney general is preparing to tell a court Friday why it should rule their nuptials invalid.
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House rejects changes to Sunday alcohol sales bill

February 20, 2015
 Associated Press
An effort to dial back proposed restrictions on grocery, convenience and drug stores in a bill that would legalize Sunday carryout alcohol sales was narrowly defeated Thursday in the Indiana House of Representatives.
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COA returns housewares theft case to trial court

February 19, 2015
Marilyn Odendahl
A department store sales clerk who was convicted of two counts of theft is entitled to a rebate on her convictions and restitution amount, the Indiana Court of Appeals has ruled.
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COA looks to Illinois for guidance on admission of naprapath’s testimony

February 19, 2015
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals found that a naprapath licensed in Illinois could testify about a woman’s injuries following a slip and fall.
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Judges rule father may tell daughter he's her dad

February 19, 2015
Dave Stafford
An out-of-state father may tell his 6-year-old daughter that he is her dad, the Indiana Court of Appeals ruled Thursday in reversing that part of a trial court's orders.
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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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