Legal News

IU McKinney partners with USI for legal scholarship

December 10, 2014
IL Staff
Indiana University Robert H. McKinney and the University of Southern Indiana have created a scholar program that will allow two students from USI to attend IU McKinney, beginning in the fall 2015.
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Reservist entitled to full longevity pay despite time away from police force

December 10, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals held Tuesday that a Plymouth, Indiana, patrolman should receive the $2,700 in longevity pay he is entitled to from the city under an ordinance. The city cut the payment by two-thirds because the man served eight months on activity duty in the U.S. Air Force.
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Court hears ex-Indiana elections chief's appeal

December 10, 2014
 Associated Press
An attorney for former Secretary of State Charlie White faced tough questioning Tuesday from Indiana's three-judge appeals court during White's latest bid to overturn the voter fraud convictions that forced him from office.
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Prosecutor to seek death penalty for mutilator

December 10, 2014
 Associated Press
A prosecutor intends to seek the death penalty for a southern Indiana man who has confessed to fatally stabbing his girlfriend and mutilating her body, including cooking and eating some of her organs.
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Indiana high court to hear accomplice death appeal

December 10, 2014
 Associated Press
The Indiana Supreme Court will hear the appeal of three Elkhart men convicted of murder after an accomplice was fatally shot by a homeowner during a break-in.
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State declines to appeal Overstreet competency ruling

December 9, 2014
IL Staff
The Office of the Indiana Attorney General announced Tuesday it will not appeal a special judge’s ruling that a man on death row is not competent and therefore cannot be executed.
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Liquor store owners argue state has Constitutional right to regulate cold beer

December 9, 2014
Marilyn Odendahl
The Indiana Association of Beverage Retailers Inc., arguing that the state’s interest in regulating alcohol trumps an Equal Protection challenge, has filed an amicus brief in support of Indiana’s law prohibiting convenience stores and gas stations from selling beer cold.
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COA reverses marijuana conviction based on illegal traffic stop

December 9, 2014
Jennifer Nelson
A police officer was mistaken when he pulled over a vehicle that, due to a broken tail light, emitted more white light than red light, the Indiana Court of Appeals ruled Tuesday. The statute only requires that some red light be visible, which occurred in this case.
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Court upholds serious violent felon finding, despite not using term ‘SVF’

December 9, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that because a stipulation to being a serious violent felon did not use the term “serious violent felon,” the state didn’t establish that as his status.
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COA reverses syringe possession conviction due to lack of evidence

December 9, 2014
Jennifer Nelson
Because the state couldn’t prove that a man intended to use a syringe to inject a legend drug, as is required by the statute to convict him of possession of a syringe, the Indiana Court of Appeals reversed the man’s conviction. The man intended to use the syringe to inject heroin, which is not covered by the statute.
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Lawyer says no plea deal in Mellencamp son's case

December 9, 2014
 Associated Press
The defense attorney for the oldest son of rock star John Mellencamp says she is seeking a pretrial hearing but no agreement has been reached for him to plead guilty to charges that he badly beat a man.
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DOC credit-time policy does not result in disparate treatment

December 8, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected an inmate’s argument in his lawsuit challenging the constitutionality of the Department of Correction’s policy concerning the restoration of credit time for inmates. Because the policy does not result in disparate treatment, the judges affirmed the lower court ruling in favor of the DOC.
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Justices take molestation case that divided Court of Appeals

December 8, 2014
IL Staff
The Indiana Supreme Court has granted transfer to a Marion County case that split the Court of Appeals as to whether the man’s Class A felony conviction for molesting his girlfriend’s daughter should be upheld.
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COA reverses convictions based on ineffective appellate counsel

December 8, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s convictions of Class A felony child molesting and Class B felony sexual misconduct with a minor based on his sexual advances toward his stepdaughter when she was in junior high and high school. The judges acknowledged as a result of their decision, the stepfather won’t face any legal consequences for those actions, but the state had a duty to present sufficient evidence to support those convictions.
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Ex-prosecutor helps Ball State avert future fraud

December 8, 2014
 Associated Press
A former federal prosecutor and a CPA firm are evaluating Ball State University's internal financial controls and investment portfolio as they create a plan to prevent a repeat of two investment scams that cost the university more than $13 million.
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Inmate seeks early release in student's 1993 death

December 8, 2014
 Associated Press
An inmate convicted in the 1993 robbery and shooting death of a Ball State University student is seeking an early release from prison.
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Attorneys seek competency exam in homicide case

December 8, 2014
 Associated Press
Attorneys for a 20-year-old Fort Wayne man charged with killing a woman in a cemetery and setting her body on fire have requested mental health experts examine him to determine if he is competent to stand trial.
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Clarksville Town Court judge must resign following OWI conviction in Kentucky

December 5, 2014
Jennifer Nelson
The Indiana Supreme Court publicly reprimanded Clarksville Town Court Judge Mickey K. Weber Friday and ordered he resign from the bench, effective Dec. 31. Weber pleaded guilty earlier this year to two charges stemming from a drunken-driving incident in Louisville, Kentucky.
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Feds drop case against former Eli Lilly scientists accused of stealing secrets

December 5, 2014
IBJ Staff, J.K. Wall
Federal prosecutors in Indianapolis dropped all charges against two scientists accused of stealing trade secrets worth $55 million from Eli Lilly and Co., according to a court motion made Friday in federal court in Indianapolis.
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Indiana gets nearly $78,000 in Sirius XM settlement

December 5, 2014
IL Staff
Some Indiana residents who have subscribed to Sirius XM Radio Inc. may be entitled to a refund following the satellite radio company’s multi-state settlement regarding claims of misleading advertising and billing practices.
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7th Circuit reverses denial of benefits, blasts ALJ’s reasoning

December 5, 2014
Jennifer Nelson
Finding several things “wrong” with an administrative law judge’s decision denying a Fort Wayne woman’s application for Social Security Income for the years prior to her turning 55, the 7th Circuit Court of Appeals reversed and remanded for further proceedings.
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Justices order adoption petitions moved to juvenile division based on local rule

December 5, 2014
Jennifer Nelson
The Indiana Supreme Court noted Thursday that the parties and both of the previous courts involved in an adoption matter were partly correct in their analyses as to where the petitions needed to be filed. But the Lake Superior Court, Civil Division should have transferred the petitions from its court to the juvenile division, where a local rule requires adoption petitions to be filed.
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Humke to lead Ice Miller as managing partner

December 5, 2014
IL Staff
Ice Miller LLP partner Steven Humke has been elected to succeed Phillip Bayt as managing partner of the AmLaw 200 firm based in Indianapolis.
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‘Disputed facts’ prevent federal judge from overturning contested abortion restrictions

December 4, 2014
Marilyn Odendahl
Conflicting opinions from medical experts has stopped a federal judge from issuing a final summary judgment in a challenge to the Indiana statute that requires non-surgical abortion clinics to have the same equipment and adhere to the same requirements as a surgical facility.
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Court erred in affirming decision new seawall must be removed

December 4, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the portion of a trial court’s order that affirmed the decision by a board of zoning appeals denying a company’s request for a variance which allowed its newly completed seawall to remain intact. The judges found Caddyshack Looper LLC demonstrated that strict application of the setback requirement will result in practical difficulties.
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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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