Legal News

Democrats' walkout leads to another 'fines' mess

January 16, 2013
Dave Stafford
Before the Indiana General Assembly convened Jan. 7, some unfinished business was debated in the Statehouse: whether Republican House leaders went too far in seizing fines from Democrats who walked out of the Legislature in 2011 and 2012.
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Ruling: DOC 'indifferent' to mentally ill inmates

January 16, 2013
Dave Stafford
The opinion from the U.S. District Court in the Southern District of Indiana fits the national trend against isolation policy for these inmates.
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Legal fight fuels tensions in tight-knit tech world

January 16, 2013
Chris O'Malley
A trademark-infringement case brought against App Press LLC threatens to smother the tech startup in legal fees before it reaches its potential. And in a curious twist, the case also has generated grumblings in the tightknit developer community toward a big law firm that is representing App Press’ opponent in the federal court case.
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Justices take 5 cases

January 15, 2013
Dave Stafford
The Indiana Supreme Court will weigh whether a student who resisted being handcuffed by a school resource officer merits adjudication as a delinquent for the equivalent of Class D felony resisting law enforcement.
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Property mortgagor, managers owed no duty in case of drowned girl

January 15, 2013
A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and other defendants after the child drowned in the pool of a house that had been abandoned.
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COA: Theft and auto theft adjudications didn’t violate single larceny rule

January 15, 2013
Dave Stafford
A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.
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Detailed settlement agreement not specific enough for son to claim funds

January 15, 2013
Marilyn Odendahl
Although a settlement agreement worked out between siblings included details about who would receive the comic books, the Indiana Court of Appeals ruled because the document did not specifically address the accounts receivable, one of the surviving sons would not be entitled to the money.
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Plank failed to preserve claim med mal cap is unconstitutional

January 15, 2013
Jennifer Nelson
The Indiana Supreme Court unanimously ruled Tuesday that Timothy Plank, who filed a medical malpractice complaint following the death of his wife in 2001, forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality of the Medical Malpractice Act.
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Borrower entitled to retrial on judgment, COA rules

January 15, 2013
Dave Stafford
A Steuben Circuit Court committed reversible error when it failed to admit into evidence an exhibit purporting to show that a borrower had repaid a $650,000 promissory note, the Indiana Court of Appeals ruled Tuesday.
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Father owes support to children conceived via artificial insemination

January 15, 2013
Dave Stafford
A father who contested a trial court order that he must pay child support for two children failed to convince the Court of Appeals that he did not consent to their conception through artificial insemination.
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COA: ‘Appalling character’ of deadbeat dad merits 10-year sentence

January 15, 2013
Dave Stafford
An Elkhart County father whose child support arrearage neared $57,000 lost his second appeal of a case that already has gone to the Indiana Supreme Court.
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Zoeller appoints Washington-based deputy AG

January 14, 2013
IL Staff
Indiana Attorney General Greg Zoeller has named a deputy who will monitor federal legislation and regulations in Washington that could impact the state.
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House Judiciary, Senate Corrections committees to meet

January 14, 2013
IL Staff
The House Judiciary Committee this afternoon is conducting hearings on a pair of bills, and the Senate Corrections and Criminal Law Committee will meet Tuesday.
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Zoeller takes oath for second term

January 14, 2013
IL Staff
Attorney General Greg Zoeller took the oath of office on Monday, officially beginning his second term.
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Ex-Chicago cop among 3 sentenced in Latin Kings prosecutions

January 14, 2013
IL Staff
The continuing federal prosecutions of the Latin Kings street gang that federal authorities have implicated in 19 murders resulted in a 19-year sentence for a former Chicago police officer.
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Volunteer judges needed for high school mock trial competitions

January 14, 2013
IL Staff
The Indiana Mock Trial program is putting out the call for volunteer judges to help with this year’s regional and state competitions as well as the national championship which will be held in Indianapolis in May.
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Judicial appointments made to Marion and Vanderburgh Superior courts

January 11, 2013
IL Staff
In one of his last official acts as governor of Indiana, Mitch Daniels appointed judges to the Vanderburgh and Marion Superior courts. When the two judges will assume their new duties has not been determined.
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Dickson to deliver first State of the Judiciary

January 11, 2013
IL Staff
Chief Justice Brent Dickson will deliver his first State of the Judiciary address to the Indiana General Assembly at 2 p.m. EST on Jan. 23.
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AG asks Supreme Court to review Gingerich conviction

January 11, 2013
Dave Stafford
The Indiana Court of Appeals reversal of an adult murder conspiracy conviction of a then-12-year-old should be reviewed by the state Supreme Court, Attorney General Greg Zoeller said in a statement late Thursday.
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Speedway agreement pledges ADA compliance

January 10, 2013
Dave Stafford
Indianapolis Motor Speedway announced Thursday it will pursue full compliance with the Americans with Disabilities Act in what an attorney involved in the matter said could be the largest settlement agreement under the 1990 law.
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Justices find man not required to register for life as sex offender

January 10, 2013
Jennifer Nelson
The Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.
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Justices adopt changes to parenting time guidelines

January 10, 2013
IL Staff
The Indiana Supreme Court has issued a 33-page order that spells out the changes to the state’s parenting time rule and guidelines. The amendments take effect March 1, 2013.
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Bill on habitual offender filing deadline moves out of committee

January 10, 2013
IL Staff
The Senate Committee on Corrections & Criminal Law voted this week to move legislation that will allow an indictment or information to be amended to include a habitual offender charge at any time before trial, as long as the amendment doesn’t prejudice the substantial rights of the defendant.
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Project honoring retired chief justice is exceeding expectations

January 10, 2013
Marilyn Odendahl
The art project to honor retired Indiana Chief Justice Randall T. Shepard is continuing to draw contributions as the unveiling of the winning design nears.
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Judge supports denying rehearing, but disagrees with colleagues’ rationale

January 9, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.
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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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