Legal News

Justices take 4th Amendment case

September 29, 2014
IL Staff
The Indiana Supreme Court will decide a case that divided the Indiana Court of Appeals over whether marijuana and a pipe found after a traffic stop should be suppressed.
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Traveling Magna Carta exhibit opens Monday

September 29, 2014
IL Staff
The American Bar Association’s Magna Cart Facsimile Traveling Exhibit begins its 12-day run at the Indiana Statehouse Monday.
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Former workers file suit against state lawmaker

September 29, 2014
 Associated Press
A lawmaker who was one of nine Republican state senators to vote against a right-to-work law two years ago is accused in a lawsuit of failing to pay his employees more than $220,000 in wages and other benefits.
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Attorney asks judge to reverse life with no parole

September 29, 2014
 Associated Press
An attorney for a southwestern Indiana man found guilty of fatally shooting his ex-girlfriend's father is asking a judge to reverse the most serious conviction against him.
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JQC issues advisory opinion to judges with family members running for office

September 26, 2014
IL Staff
Judges who have a family member running for elected office may appear in campaign materials as long as the judge’s title or position isn’t mentioned, the Indiana Commission on Judicial Qualifications decided in an advisory opinion released Friday.
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Woman’s suit against hospital for disparaging comments revived by COA

September 26, 2014
Jennifer Nelson
A trial court erred when it dismissed a woman’s intentional infliction of emotional distress claim filed against Community Hospital after she says staff made derogatory comments regarding her situation after she was brought in unconscious and under the influence of a date rape drug.
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Court: Father’s failure to timely register implies consent to adoption

September 26, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the adoption of a child by the maternal grandfather after finding the purported father irrevocably implied consent after failing to timely register with the Indiana Putative Father Registry.
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COA: Letter satisfied notice requirements after city damages pipeline

September 26, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of the city of Plymouth’s motion to dismiss an administrative action against it stemming from damages it caused to an underground natural gas pipeline. The appeals court found the Indiana Utility Regulatory Commission satisfied the statutory and administrative requirements concerning notice of the violation and recommended penalties.
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Annexation called ‘legalized bullying’ during interim study committee meeting

September 25, 2014
Marilyn Odendahl
Property owners told Indiana legislators Sept. 24 that despite the General Assembly’s continual tinkering with the state’s annexation statute, the process still favors municipalities by giving them all the power to take the land they want without considering the owners’ wishes.
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COA orders trial over whether trucking company must pay for highway damage

September 25, 2014
Jennifer Nelson
The crash report prepared after a fatal trucking accident on Interstate 70 that resulted in damage to the highway should not have been included as evidence in the state’s lawsuit seeking recovery of the money it spent repairing the highway, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed summary judgment in favor of the state and ordered the matter proceed to trial.
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Justices affirm adoption despite father’s untimely appeal

September 25, 2014
Jennifer Nelson
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
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1,291-day delay in holding trial requires reversing conviction

September 25, 2014
Jennifer Nelson
The “unduly long delay” in bringing a man to trial on a charge of child molesting – 1,291 days – violated his constitutional right to a speedy trial and requires reversing his conviction, the Indiana Supreme Court ruled Wednesday.
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Child services investigators claim unpaid overtime

September 25, 2014
 Associated Press
Two Indiana Department of Child Services investigators say in a lawsuit that they've had to work extensive overtime without receiving required overtime pay.
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Second suit filed over Wal-Mart PCB contamination

September 25, 2014
IL Staff
A second lawsuit has been filed as a result of toxic contamination discovered at an Indianapolis Wal-Mart return center.
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Former sheriff’s deputies lose suit challenging promotion process

September 24, 2014
Jennifer Nelson
Because the phrase “shall endeavor” should be read to mean one shall try, the Indiana Court of Appeals rejected two Indianapolis Metropolitan Police Department officers' arguments that they should have been promoted to captain. The two claimed because they were former sheriff’s deputies, the consolidation of the sheriff’s and city police departments in 2006 required their promotions to maintain proportional representation.
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Bankruptcy Court to hold ceremony for retiring judge

September 24, 2014
Jennifer Nelson
The United States Bankruptcy Court for the Southern District of Indiana is hosting a private retirement ceremony Thursday in honor of Judge James K. Coachys, who is retiring Sept. 30.
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State's way of paying public defenders debated

September 24, 2014
 Associated Press
The state pays the salaries of its judges and prosecutors, but public defenders are paid by counties that are only partially reimbursed for their costs — an approach that some including the executive director of the Indiana Public Defender Council want to see changed.
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Line blurs on intoxication

September 24, 2014
Dave Stafford
Convictions for public intoxication don’t just require being pickled in public anymore. An inebriated person now has to do something else, but conduct elements added to the criminal statute in 2012 have blurred what constitutes a misdemeanor.
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Representation is imperative to due process for immigrants

September 24, 2014
Marilyn Odendahl
The cases involving immigrant children coming to the U.S. from Central America are creating more need for pro bono legal representation and are highlighting an area of asylum law that the courts struggle to clearly define.
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Mentally ill inmates straining jail and DOC resources

September 24, 2014
Marilyn Odendahl
An interim legislative committee is examining the need for treatment options but is unsure if funding will be available.
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Dealing with differing perceptions of reality

September 24, 2014
Marilyn Odendahl
Mediators say parties don’t always see facts the same way, but a "truth rule" could harm the confidentiality of the process.
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Tenant who trashed house loses appeal, owes attorney fees

September 23, 2014
Dave Stafford
A former babysitter entrusted to live in a family’s home while they were away for a year and care for their pet dog in exchange for paying $300 monthly rent instead trashed the place. The ex-tenant appealed an $85,889 judgment against her but now has more bills to pay.
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Attorney wins summary judgment appeal

September 23, 2014
Marilyn Odendahl
An Indianapolis attorney ensnared in a dispute between a land developer and a creditor was successful at convincing the Indiana Court of Appeals he is identical to the other defendants and should be granted summary judgment.
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Despite erroneous findings, termination of parental rights affirmed

September 23, 2014
Dave Stafford
A trial court entered erroneous findings in terminating the parental rights of a mother and father concerning two minor children, but the mistakes weren’t significant enough to reverse in a case where the state presented enough evidence to warrant the decision.
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Meth dealing conviction affirmed, restitution required

September 23, 2014
Dave Stafford
Convictions for dealing methamphetamine and two counts of neglect of a dependent were affirmed on appeal Tuesday, as was an order that the offender pay restitution to the state for the costs of cleaning up the meth lab.
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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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