Legal News

Senate prepares for possible winter storm

February 28, 2014
IL Staff
With an impending winter storm taking aim at Indiana this weekend, the Indiana Senate passed a motion Thursday just in case session has to be cancelled Monday.
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7th Circuit affirms denial of motion to suppress search of car

February 27, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the denial of an automobile passenger’s motion to suppress evidence found in the car during a traffic stop, which led to his eventual pleading guilty to a heroin offense. The judges found no error by the District judge in crediting the testimony of the police officer who pulled the vehicle over because he believed the speed it was traveling and distance to the car in front of it violated Indiana law.
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Judge orders Floyd County to pay Camm defense attorneys’ bills

February 27, 2014
Marilyn Odendahl
The dispute over trial expenses between the attorneys representing David Camm and Floyd County came closer to a resolution Wednesday with Judge Jonathan Dartt ordering the county auditor to pay about $140,000.
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Judges split over Fourth Amendment violation

February 27, 2014
Jennifer Nelson
Two of the three judges on an Indiana Court of Appeals panel affirmed the suppression of marijuana and a pipe found on a man during a traffic stop, with the dissenting judge believing there was no infringement on the man’s Fourth Amendment rights.
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Mother’s appeal of termination of parental rights dismissed

February 27, 2014
Jennifer Nelson
The Indiana Court of Appeals has dismissed a mother’s appeal from the order terminating her parental rights to her twins, ruling she forfeited her right to appeal because she failed to file a timely notice of appeal.
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Appellate court reinstates habitual traffic violator charge

February 27, 2014
Jennifer Nelson
Finding a trial court abused its discretion when it granted a man’s motion to dismiss a Class D felony operating a vehicle as a habitual traffic violator charge, the Indiana Court of Appeals reversed and ordered the charge reinstated.
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Settlement of federal case requires Indianapolis police to revise procedure

February 27, 2014
Marilyn Odendahl
As part of a settlement to a federal civil rights case, the Indianapolis Metropolitan Police Department will be instituting a new policy prohibiting police officers from interfering with civilians who are recording their actions.
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Justices suspend David Wyser, former Brizzi deputy prosecutor

February 27, 2014
Dave Stafford
Former Marion County Deputy Prosecutor David Wyser, who pleaded guilty last year to bribery in a federal public-corruption probe, has been suspended from the practice of law.
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Elkhart attorney suspended for ‘lack of respect’ for clients and courts

February 26, 2014
Jennifer Nelson
The Indiana Supreme Court has suspended an Elkhart County attorney for at least two years after finding he committed numerous violations of the Indiana Professional Rules of Conduct, including throwing away client files that contained confidential information.
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Bills heading to governor’s desk

February 26, 2014
Jennifer Nelson
As the legislative session heads toward its March 14 close, several bills have passed both houses and are on their way to Gov. Mike Pence for his signature.
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Judges decline to find OWI statute unconstitutional

February 26, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that the statute proscribing the operation of a vehicle with a Schedule I or II controlled substance violates the Equal Privileges and Immunities Clause of the Indiana Constitution.
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Officer’s ‘ruse’ to enter home leads to reversal of resisting conviction

February 26, 2014
Jennifer Nelson
A police officer who lied to a woman in order to gain entry into her home was not lawfully engaged in the execution of his duties, the Indiana Court of Appeals ruled Wednesday, so the judges reversed a woman’s resisting law enforcement conviction.
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Mom and pop store can’t proceed pro se in Coach trademark lawsuit

February 26, 2014
Dave Stafford
The owners of a southern Indiana general store accused in a federal lawsuit of selling knockoff high-end Coach-brand products may not represent pro se their incorporated general store named in the suit.
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No relief in sight for busy Southern District judges

February 26, 2014
Dave Stafford
Judges of the U.S. District Court of the Southern District of Indiana are among the nation’s busiest. They have been for years, and that’s unlikely to change anytime soon.
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Campus fraternity chapter may be liable for alleged hazing injury

February 26, 2014
Dave Stafford
A Wabash College fraternity pledge’s injury claim resulting from alleged hazing, ruled on recently by the Indiana Supreme Court, turned not on whether he was hazed inside the frat house, but on who may be liable.
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Indiana joins brief seeking to halt EPA-led plan to clean up Chesapeake Bay

February 26, 2014
Dave Stafford
Decades of squabbles over cleaning up one of America’s most historic but polluted waters resulted in an agreement between states and the federal government that supporters say could restore the Chesapeake Bay to a swimmable, fishable national treasure. But if Indiana and other states without a direct stake in the Chesapeake have their way, the cleanup hashed out between bay states and the Environmental Protection Agency will be stopped.
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Killer’s 50-year conspiracy sentence vacated as double jeopardy

February 25, 2014
Dave Stafford
The sentence of a man convicted of killing his ex-wife was reduced by 50 years Tuesday when the Indiana Court of Appeals granted in part his petition for post-conviction relief.
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Appeal filed beyond 30-day limit must raise new facts

February 25, 2014
Marilyn Odendahl
In dismissing an interlocutory appeal as untimely, the Indiana Court of Appeals told the appellants they still have the ability to attack the trial court’s interlocutory orders.
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High school basketball team’s hair-length policy is discriminatory

February 24, 2014
Marilyn Odendahl
A dispute pitting long hair against an attempt to promote a clean-cut image of Hoosier boys’ basketball is headed for overtime since the 7th Circuit Court of Appeals found a high school’s hair-length requirements pertaining only to male basketball players violated equal protection and Title IX.
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Correctional officer fails to support claims of discrimination against employer

February 24, 2014
Marilyn Odendahl
A former officer in the Indiana Department of Correction had her claims of employment discrimination and retaliation rejected by the 7th Circuit Court of Appeals on the grounds she failed to provide supporting evidence.
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Justices to review sanctions in false emergency detention report

February 24, 2014
Dave Stafford
The Indiana Supreme Court will review a case in which the Court of Appeals tossed an indirect civil contempt of court finding but let stand fines against a nurse accused of making false statements about the mental health of a co-worker that led to emergency detention.
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Child support arrearage dispute sent back to trial court

February 24, 2014
Marilyn Odendahl
The Indiana Court of Appeals instructed a trial court to do the work necessary before entering an order garnishing a parent’s money for child support. 
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Injunction denial stands in Notre Dame contraception case

February 24, 2014
Dave Stafford
A divided 7th Circuit Court of Appeals panel affirmed denial of a temporary injunction sought by the University of Notre Dame to block enforcement of the contraception mandate contained in the Affordable Care Act.
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Conviction overturned because of testimony about nickname

February 24, 2014
Marilyn Odendahl
A man’s felony conviction was overturned after a split Indiana Court of Appeals ruled that the detective’s testimony about how he identified and found the man was inadmissible hearsay.
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Bar exam applications available online

February 24, 2014
IL Staff
Applicants for Indiana’s July bar exam may now access an online application at the Indiana Board of Law Examiners’ website.
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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