Legal News

Hogsett: Machine gun case most ‘egregious,’ ‘dangerous’ he’s seen

April 22, 2014
IL Staff
Joe Hogsett on Tuesday announced the maximum penalty was warranted in a felony firearm case he called the most “egregious and dangerous” he’s seen during his time as U.S. attorney for the Southern District of Indiana.
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Government drops Conour sentence appeal

April 22, 2014
Dave Stafford
The U.S. attorney’s office will no longer seek a longer prison sentence for convicted legal fraudster William Conour, according to documents filed recently in the 7th Circuit Court of Appeals. Conour’s appeal will move forward.
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Grandparents lose adoption appeal in first-impression case

April 22, 2014
Dave Stafford
Grandparents who filed late motions challenging a stepfather’s adoption of a 6-year-old are not entitled to relief based on their argument they didn’t receive legal notice, the Indiana Court of Appeals ruled Tuesday in a family law case raising two issues of first impression.
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Parallel parenting provision divides COA

April 22, 2014
Marilyn Odendahl
In reversing a trial court’s modification of the custody agreement even though neither parent requested a change in custody, the Indiana Court of Appeals split over how much discretion a Parallel Parenting Time Order grants a court.
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Reversal: Neighbors may intervene in environmental cleanup case

April 21, 2014
Dave Stafford
Businesses neighboring an Indianapolis industrial property that was forced to clean up hazardous chemicals were improperly shut out of litigation involving the city and state, the Indiana Court of Appeals ruled Monday.
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Brandeis home being sold at auction

April 21, 2014
Marilyn Odendahl
The boyhood home of the late Supreme Court of the United States Justice Louis Brandeis, credited as the place where he began developing the social philosophy that underscored his legal career, is going on the auction block.
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Utica school preservationists win reversal, get day in court

April 21, 2014
Dave Stafford
Clark County residents who sued township officials over how a former school in the Ohio River community of Utica was being used will get to plead their case, the Indiana Court of Appeals ruled Monday, reversing a trial court order for the township.
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7th Circuit affirms Wisconsin’s limits on unions, Indiana RTW challenge remains

April 18, 2014
Marilyn Odendahl
While still considering a challenge to Indiana’s right-to-work law, the 7th Circuit Court of Appeals has affirmed Wisconsin’s statute limiting the collective bargaining power of some public sector unions. 
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Brokers fear criminal justice complex could harm downtown Indianapolis

April 18, 2014
Kathleen McLaughlin, IBJ Staff
Creating a new criminal justice complex outside of downtown Indianapolis will mean big changes for the Mile Square, and some real estate brokers think the transition will be painful.
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Ethics Committee schedules hearing to review legislator’s actions

April 17, 2014
IL Staff
The House Committee on Ethics has scheduled a meeting to review whether Rep. P. Eric Turner violated legislative ethics when he pushed caucus members to vote against a bill that would have potentially hurt his family’s business interests.
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Judges uphold custody award of non-biological child to stepfather

April 17, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed an award granting a man primary physical custody of his child with his ex-wife, as well as her daughter from a previous relationship.
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Judge: Assessor waived objection

April 17, 2014
Jennifer Nelson
The Indiana Tax Court denied the Jefferson County assessor’s request that a couple’s appeal of the assessment of their residential real property be dismissed, finding the assessor waived her objection to the timeliness of the couple’s administrative record request.
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COA reverses award of attorney fees to couple

April 17, 2014
Jennifer Nelson
The Indiana Court of Appeals found a trial court erred in awarding attorney fees to a couple that sued their insurer following a car accident. The trial court ruled that GEICO litigated the claim in bad faith.
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Employee defection sparks battle between brokerages

April 17, 2014
Chris O'Malley, IBJ Staff
Hylant Group says a former worker in its Carmel offices broke a non-compete agreement and poached clients for his new insurance-brokerage gig in Indianapolis.

 
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Judges disagree whether mother’s relocation is in good faith

April 17, 2014
Jennifer Nelson
A panel on the Indiana Court of Appeals Thursday couldn’t agree whether a northern Indiana mother’s decision to relocate with her two children was made in good faith. The majority upheld her request to relocate.
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Court reverses woman’s driving while suspended conviction

April 17, 2014
Jennifer Nelson
Because a woman’s conviction for driving while suspended was based in part on trial court speculation that she had driven farther than was necessary to put herself out of harm’s way, the Indiana Court of Appeals reversed the conviction.
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Judges find court should have granted expungement

April 17, 2014
Jennifer Nelson
Finding that the word “shall” in Indiana Code 35-38-9-2(d) is mandatory language requiring expungement, the Indiana Court of Appeals reversed the denial of a man’s petition to expunge his 2004 misdemeanor sexual misconduct with a minor conviction.
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Justices leave man’s life sentence intact

April 17, 2014
Jennifer Nelson
The Indiana Supreme Court Wednesday upheld a Lake County man’s sentence of life in prison without parole for the murder of a co-worker during a robbery. Ronnie Jamel Rice claimed the trial court improperly relied on non-statutory aggravators when imposing his sentence.
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Justices: parole conditions unenforceable, SOMM constitutional

April 16, 2014
Jennifer Nelson
The Indiana Supreme Court Wednesday ordered a trial court to enjoin the Indiana Parole Board from enforcing the conditions of a man’s parole that prevent him from associating with minors. But the justices denied his request to find the Sex Offender Management and Monitoring program is unconstitutional.
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COA judge among delegation observing Guantanamo Bay hearings

April 16, 2014
IL Staff
Indiana Court of Appeals Judge Patricia Riley is joining four other representatives from Indiana University Robert H. McKinney School of Law in observing hearings happening at Guantanamo Bay.
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Judges order court to take second look at restitution attorney must pay

April 16, 2014
Jennifer Nelson
A Monroe County attorney who pleaded guilty to Class D felony counterfeiting and ordered to pay $15,000 in restitution to a victim may not have to pay that full amount after the Indiana Court of Appeals Wednesday ordered the trial court to take another look at the restitution amount.
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‘School-to-prison pipeline’ focus of panel discussion in Indy

April 16, 2014
IL Staff
A panel of experts on race and education will discuss the problem of the “school-to-prison pipeline” during a free event Thursday evening at Indiana University-Purdue University Indianapolis.
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Justices take 5 cases, deny IBM appeals

April 15, 2014
IL Staff
The Indiana Supreme accepted five cases last week on transfer, including an appeal of an order that a woman pay $4,000 a month to her ex-husband in spousal maintenance. The justices also denied 18 cases, including appeals by IBM and subcontractor regarding the failed contract to update the state’s welfare system.
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Attorneys now can hyperlink in e-filing in Southern District

April 15, 2014
IL Staff
Reference materials in the U.S. District Court for the Southern District of Indiana are now just a click away. Attorneys may now use active hyperlinks within e-filed documents.
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COA: Judge abused discretion by revoking probation

April 15, 2014
Jennifer Nelson
A Perry County trial court abused its discretion in revoking a man’s probation based solely on being charged with a new offense, the Indiana Court of Appeals ruled Tuesday.
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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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