Legal News

Seizure of man’s clothing from hospital not unconstitutional

May 22, 2014
Jennifer Nelson

A detective’s seizure of a bag of clothing worn by a man who was shot – and later considered a suspect in a murder – and the admission of that clothing into evidence did not violate the man’s federal or state constitutional rights, the Indiana Court of Appeals concluded Thursday.

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COA rules Marion County had exclusive jurisdiction over custody of boy

May 22, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed an order out of Montgomery County regarding custody and parenting time of a boy because that court could not properly exercise jurisdiction. Marion County had exclusive jurisdiction over the custody of the boy.
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Kentucky ruling prevents Indiana court from addressing claim

May 22, 2014
Jennifer Nelson
Because the principles of full faith and credit required a Clark Circuit court to consider the judgments of a Kentucky court involving the default of promissory notes on property in Kentucky and Indiana, there was no error by the Indiana court in granting a bank the right to foreclose.
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COA finds Yellow Book ad contract induced by fraud

May 22, 2014
Jennifer Nelson
A heating and cooling company does not owe Yellow Book for a contract it tried to break after finding the publication didn’t change the terms of the contract as promised, the Indiana Court of Appeals held. But, the heating and cooling company is on the hook for two other contracts it had that it failed to fully pay.
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State courts to adopt e-filing in 2015

May 22, 2014
Dave Stafford
Indiana courts will switch to electronic filing beginning next year, according to an order issued Thursday by the Indiana Supreme Court.
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Judges reverse convictions based on use of witness’s statement

May 21, 2014
Jennifer Nelson
Because the state called a witness solely to impeach her with a pretrial statement, and the jury may have relied on the witness’s testimony to convict the defendant, a majority on the Indiana Court of Appeals reversed burglary and receiving stolen property convictions. 
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Camm defense attorneys to discuss forensic evidence

May 21, 2014
IL Staff
Richard Kammen and Stacy Uliana, who defended David Camm against charges of murdering his wife and two children, will join the former state trooper at Indiana University Robert H. McKinney School of Law Friday to discuss the role of forensic evidence in his case.
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Lucas Oil vendor not entitled to summary judgment in dram shop case

May 21, 2014
Jennifer Nelson
It should be up to the trial court or a jury to determine whether a vendor in Lucas Oil Stadium in Indianapolis should be held responsible for serving alcohol to a man who later hit two children while driving home after a game.
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COA: Court should not have imposed 2-mile ban as part of probation

May 21, 2014
Jennifer Nelson
The Indiana Court of Appeals found a trial court abused its discretion when it originally imposed a probation condition prohibiting a man from going within two miles of where he committed battery against a stranger.
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Lawyers question enforcement of advertising rules

May 21, 2014
Dave Stafford
One of Indiana’s most familiar legal names – a frequent flier on buses, billboards and TV commercials – says enforcement of disciplinary rules governing attorney advertising is a mess and needs an overhaul. The Indiana State Bar Association is considering preapproving ads.
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Attempted child seduction case exposes gap in law

May 21, 2014
Dave Stafford
The Indiana Supreme Court is considering whether a teacher took a substantial step toward the crime of attempted child seduction when he sent explicit Facebook messages to a 16-year-old student and proposed arranging to meet for sex.
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7th Circuit to hear Indiana same-sex marriage challenge

May 21, 2014
Marilyn Odendahl
Shortly after a federal judge ordered Indiana to recognize the marriage of one same-sex couple, the Office of the Indiana Attorney General continued its defense of “traditional marriage” by filing a notice of appeal with the 7th Circuit Court of Appeals. By doing so, it added to the list of appellate courts hearing challenges to state marriage laws.
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Establishing Miller Trusts

May 21, 2014
Marilyn Odendahl
Attorneys offer their pro bono services to help nursing home residents keep their Medicaid benefits.
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Bankruptcy Court fees increasing

May 20, 2014
IL Staff
Filing for bankruptcy will become more expensive June 1.
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CLEO interns assigned to Court of Appeals, Tax Court

May 20, 2014
IL Staff
Eight students from three law schools have been selected for summer internships with judges of the Indiana Court of Appeals and Tax Court through the 2014 Carr L. Darden Conference for Legal Education Opportunity internship program.
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New class ceremonially admitted to Indiana bar

May 20, 2014
IL Staff
A ceremony at the Indiana Roof Ballroom in Indianapolis marked the admission of 160 new attorneys to the practice of law Tuesday.
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COA rules natural parents’ consent unnecessary in adoption

May 20, 2014
Marilyn Odendahl

Once a trial court found a child’s natural parents to be unfit, the court did not need to revisit that finding at an adoption hearing, the Indiana Court of Appeals has ruled.

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School district not immune from liability in shooting incident

May 19, 2014
Marilyn Odendahl
Although a principal was responsible for formulating and implementing a security plan for her school, the level of discretion the principal had was not enough to give the school district immunity from liability following an in-school shooting.
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Spierer civil suit discovery halted; claims called ‘precarious’

May 19, 2014
Dave Stafford
The federal civil lawsuit naming two former Indiana University students who were among the last to see missing IU freshman Lauren Spierer will proceed, but a judge Monday narrowed the inquiry regarding one defendant and halted discovery in the meantime.
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Supreme Court grants transfer in 4 cases

May 19, 2014
Dave Stafford
The Indiana Supreme Court will review reversal of a man’s conviction of possession of a firearm by a serious violent felon due to a police officer’s testimony about the man’s nickname.
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Tax Court affirms rejection of fire protection district

May 19, 2014
Dave Stafford
A faulty legal notice published to advertise a public hearing for the purpose of creating a fire protection district in northern Madison County was sufficient grounds for the state to deny creation of the district, the Indiana Tax Court ruled Friday.
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Loss of power disrupts courts in Northern Indiana

May 16, 2014
Marilyn Odendahl
A major power outage in Northern Indiana has shut down the federal courthouse in downtown South Bend.
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Marion County criminal courts near Odyssey conversion

May 16, 2014
Dave Stafford
Marion Superior criminal court workers are training and IT staff and clerks are working overtime preparing for what will be the largest adoption of the Odyssey case management system to date.
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Lawyer disbarred for client altercation, numerous violations

May 16, 2014
Dave Stafford
A criminal defense lawyer accused of instigating a physical altercation with a former client at the City-County Building in Indianapolis and committing numerous rules violations has been disbarred.
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U.S. Courts mark 60th anniversary of Brown v. Board of Education

May 16, 2014
IL Staff
May 17 marks the 60th anniversary of the landmark case that ended legal segregation in the United States. The federal courts are commemorating the historic Supreme Court of the United States ruling in Brown v. Board of Education with a variety of online resources.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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