Legal News

Judges deny request to modify probation to allow contact with daughter

January 30, 2015
Jennifer Nelson
The judges on an Indiana Court of Appeals panel had different reasons for affirming the denial of an incarcerated man’s petition to modify his probation so that he could have contact with his daughter.
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7th Circuit rules man entitled to new hearing on crack-cocaine sentence

January 30, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a prisoner’s motion for a reduced sentence for distributing crack cocaine, finding that he is allowed to bring his petition for relief under 28 U.S.C. Section 2255.
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New part-time law school program launched at Indiana Tech

January 30, 2015
Marilyn Odendahl
Indiana Tech Law School has started a part-time day program to allow students to obtain their J.D. in as many as seven years.
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Expungement law still being perfected, legislator says

January 29, 2015
Marilyn Odendahl
County clerks being overrun by expungement petitions are asking the Legislature to impose a filing fee to help offset the costs of processing the forms and restricting the records.
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Senate votes to raise judicial retirement age

January 29, 2015
Dave Stafford
Indiana appellate judges could serve until age 80 under a bill that cleared the Indiana Senate Thursday.
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Restaurant not entitled to return of insurance proceeds seized

January 29, 2015
Jennifer Nelson
A Mexican restaurant that is part of a chain which has been under investigation by Marion and Tippecanoe county officials will not have insurance funds seized from a bank account returned, the Indiana Court of Appeals ruled Thursday.
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Judge admonishes losing counsel in long-running litigation

January 29, 2015
Dave Stafford
A federal judge admonished a lawyer Wednesday whose clients were found to have abused the process in prosecuting a trademark infringement suit against a similar wine-and-art business.
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COA rules teachers may negotiate for ancillary duty compensation

January 28, 2015
Jennifer Nelson
A dispute between a school corporation and teachers association that made its way before the Indiana Court of Appeals led to the court concluding the teachers may qualify for overtime for performing school-related duties outside of their normal teaching hours.
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Gang member’s sentence for bar fight reduced

January 28, 2015
Jennifer Nelson
The convictions of a gang member stemming from his role in a bar fight were upheld by the Court of Appeals Wednesday, but the judges ordered his sentence shortened because the convictions all occurred during a single episode of criminal conduct.
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7th Circuit upholds new conviction, cannot address registration requirement

January 28, 2015
Jennifer Nelson
Although a judge communicated that a man must register as a sex offender based on the Sex Offender and Registration Notification Act, because that decision was not incorporated into the judge’s final ruling, there is nothing for the 7th Circuit Court of Appeals to review regarding his challenge to that part of his sentence.
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Juvenile’s delinquent adjudication reversed based on illegal search

January 28, 2015
Jennifer Nelson
Because the physical evidence used to adjudicate a teen as delinquent was the direct result of an illegal search of his backpack by police, the Indiana Court of Appeals reversed.
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7th Circuit affirms dismissal of workplace discrimination suit

January 28, 2015
Dave Stafford
A Sudanese woman’s discrimination suit against a Jeffersonville shipyard where she had worked as a welder was properly dismissed, the 7th Circuit Court of Appeals ruled Tuesday.
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Group working to lure national medical-legal conference to Indianapolis

January 28, 2015
Marilyn Odendahl
A group of legal and medical professionals will launch an effort Thursday to bring a super bowl – of sorts – to Indianapolis.
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Chavis to chair Marion Superior Executive Committee

January 28, 2015
IL Staff
Marion Superior Civil Division 12 Judge John M.T. Chavis II will chair the 2015-2016 term of the courts’ executive committee.
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Denial by justices to take prosecutorial misconduct case draws dissent

January 28, 2015
Jennifer Nelson
Believing that the Indiana Supreme Court should have taken a case involving the “disturbing trend” of alleged prosecutorial misconduct, two justices dissented from their colleagues' decision to not accept the case.
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Rush rolls out commercial court plan in State of Judiciary

January 28, 2015
Dave Stafford
Commercial courts heralded by Indiana Chief Justice Loretta Rush in her first State of the Judiciary address could be in business soon, with the first pilots launching as early as this summer, according to judges and lawyers involved in developing the plans.
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Changes being considered for medical malpractice claims

January 28, 2015
Dave Stafford
More medical malpractice cases could be filed directly in state trial courts without first having to go through the exhaustive and mandatory medical review process under legislation pending in the Indiana Senate. A proposal in the Indiana House of Representatives aims to raise the caps on damages and insurer liability.
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House panel backs new rules after nursing home scandal

January 27, 2015
 Associated Press
An Indiana House committee has endorsed tighter rules on the conduct of lawmakers in the wake of an ethics investigation of a top Republican who fought privately to defeat legislation that would have hurt his family's business.
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‘Spice’ law void for vagueness, divided panels rule

January 27, 2015
Dave Stafford
Divided Court of Appeals panels found Indiana’s “spice” law void for vagueness in two separate cases Tuesday.
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Panel backs religion-based hiring by Indiana contractors

January 27, 2015
 Associated Press
An Indiana legislative panel has endorsed a bill allowing religious institutions that receive state and local government contracts to make hiring decisions based upon religion.
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Plea deal reached in central Indiana animal cruelty case

January 27, 2015
 Associated Press
A central Indiana couple charged with animal cruelty after 171 dead animals were found on their farm have pleaded guilty to four counts each of improper disposal of a dead animal.
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Kokomo sues state over proposed downtown baseball park

January 27, 2015
 Associated Press
The city of Kokomo is suing the state over its opposition to a proposed downtown baseball stadium.
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State union membership counters national trend

January 27, 2015
 Associated Press, IBJ Staff
Indiana bucked a national trend in 2014 by experiencing an increase in labor union membership, new statistics released by the U. S. Labor Department show.
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Lack of evidence allows periodontists to leave office space

January 26, 2015
Marilyn Odendahl
Having failed to produce sufficient evidence that the terms of a lease agreement had been waived, a landlord will have to allow a pair of tenants to vacate the property with no financial penalty.
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Mock trial volunteers needed

January 26, 2015
Marilyn Odendahl
Indiana attorneys are being offered the opportunity to show off their judicial skills. The Indiana Bar Foundation is seeking lawyers to volunteer as judges during the 2015 Indiana High School Mock Trial Competition.
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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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