Legal News

Palladium construction lawsuits costing panel millions

March 26, 2014
Andrea Muirragui Davis
The cash-strapped Carmel Redevelopment Commission has spent more than $6 million since 2009 “responding to, defending and settling” legal claims from contractors involved in construction of the city’s Palladium concert hall, according to filings in Hamilton Superior Court – and the meter is still running.
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General Assembly, Supreme Court ponder big changes for small claims

March 26, 2014
Dave Stafford
A national nonprofit organization has been tasked with a fresh study of Marion County’s troubled township small claims court system, while a bill that passed the General Assembly has implications for small claims courts around the state.
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Clark County drug court gets conditional approval

March 26, 2014
Dave Stafford
Clark County Drug Treatment Court participants will continue with programs diverting their criminal cases in favor of treatment, but it’s uncertain whether the troubled program may ever again serve people arrested on nonviolent drug charges.
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Two traffic stops and two motions to suppress result in two different rulings

March 25, 2014
Marilyn Odendahl
A pair of opinions from the Indiana Supreme Court examines two Terry stops made by police officers and through opposite rulings emphasizes law enforcement must have reasonable suspicion to pull over a driver.
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Indiana among 20 states joining ‘Four Loko’ settlement

March 25, 2014
IL Staff
A maker of caffeinated alcoholic beverages including such brands as “Four Loko” accused of marketing its products to promote the misuse of alcohol and appeal to underage drinkers has settled a complaint brought by New York Attorney General Eric Schneiderman and joined by 19 other state attorneys general, including Indiana’s Greg Zoeller.
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Vehicle forfeiture order affirmed despite state’s yearlong delay

March 25, 2014
Dave Stafford
A convicted cocaine dealer failed to convince a panel of the Indiana Court of Appeals that summary judgment forfeiture of his yellow 2004 Hummer was a violation of trial rules, even though the state’s motion for summary judgment was in response to a court show cause order due to case inactivity for more than a year.
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IU Maurer professor argues ACA contraception mandate benefits women’s health and economic stability

March 25, 2014
IL Staff
Another battle over the Affordable Care Act goes before the Supreme Court of the United States today as the justices hear two cases challenging the contraception coverage mandate in the health care law.
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COA voids rehabilitation maintenance ordered after divorce

March 25, 2014
Dave Stafford
An ex-wife was not entitled to rehabilitation maintenance from her former husband that was approved after the dissolution of their marriage, a panel of the Indiana Court of Appeals ruled Tuesday.
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Appeals court vacates lesser drug conviction as double jeopardy

March 25, 2014
Dave Stafford
A Paoli man convicted of multiple drug offenses had a lesser conviction vacated Tuesday by the Indiana Court of Appeals. The court let stand other convictions for which he was sentenced to an aggregate 16 years in prison.
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Justices take post-conviction relief case

March 24, 2014
Dave Stafford
The Indiana Supreme Court will review the reduction from a Class B felony to a Class D felony of a man’s conviction of criminal confinement.
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Public intoxication conviction tossed for lack of proof of endangerment

March 24, 2014
Dave Stafford
A man convicted of public intoxication after a police officer found him near the site where his car had come to a stop between the road and a drainage ditch was improperly convicted, the Indiana Court of Appeals held Monday.
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Purdue loses appeal bid to shield discrimination, harassment report

March 24, 2014
Dave Stafford
An appellate panel had harsh words for Purdue University’s conduct in shielding a report investigating a former chancellor’s complaint of gender discrimination and harassment against former university president France Cordova.
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Public comment invited on Indiana’s child support guidelines

March 24, 2014
IL Staff
The Domestic Relations Committee of the Indiana Judicial Conference is soliciting public input concerning recommendations for changes to the state’s child support guidelines.
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Justices affirm ‘safe harbor’ in Juvenile Mental Health Statute

March 24, 2014
Dave Stafford
A juvenile sex offender’s statements in a polygraph test during probation that he molested two more children may not form the sole basis to prove delinquency, the Indiana Supreme Court held Friday in affirming a trial court and rejecting the state’s appeal.
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Agency collecting credit card debt not a creditor, COA rules

March 21, 2014
Marilyn Odendahl
A debtor’s counterclaim that a collection agency violated the Indiana Uniform Consumer Credit Code by not obtaining a license was rejected by the Indiana Court of Appeals on the grounds that although the agency was trying to recover a debt, it was not a creditor.
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Judge to Ballard rep: We’ll decide courts complex site

March 21, 2014
Dave Stafford
Marion Superior judges on Friday gave a grudging endorsement to the former General Motors stamping plant site as the location for a proposed jail and criminal justice complex, but not before sending a message to Indianapolis Mayor Greg Ballard that where courts are located is their decision.
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Court won’t seal evidence in Spierer civil suit

March 21, 2014
Dave Stafford
Evidence in the federal civil suit against the last people believed to have seen missing Indiana University student Lauren Spierer may not be covered by a broad order shielding exhibits and testimony from public view.
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Judges reverse felony enhancement for handgun possession

March 20, 2014
Jennifer Nelson
Because a prior felony conviction the state relied on to enhance a man’s handgun possession charge was later reduced to a misdemeanor as part of a plea agreement, the Indiana Court of Appeals reversed the denial of the man’s motion to dismiss the enhancement.
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Symposium to look at neuroscience and the law

March 20, 2014
IL Staff
The Indiana Health Law Review Symposium March 28 will examine neuroscience and mental health law; child contact sports and concussions, and other topics at the daylong event.
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Complaint for unpaid car loan filed outside of statute of limitations

March 20, 2014
Jennifer Nelson
Because a company seeking to recover unpaid installments on a car loan filed its complaint outside of the four-year statute of limitations, the Indiana Court of Appeals affirmed the small claims judgment in favor of the car buyer.
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7th Circuit reinstates case involving ‘anti-slating’ statute

March 20, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals has reversed the dismissal of an unslated Marion County Democratic candidate’s lawsuit challenging the county election board’s reliance on the state’s “anti-slating” law to confiscate political flyers during the May 2012 primary election.
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Judges order new trial for woman who withdrew, deposited cash from ATMs

March 20, 2014
Jennifer Nelson
In a split decision from the 7th Circuit Court of Appeals, the majority reversed a Russian woman’s conviction for violating a federal statute that prohibits structuring currency transactions in order to evade federal reporting requirements for transactions involving more than $10,000 in currency. The majority cited the prosecution’s questioning of the woman about past financial records as the reason for reversal.
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Father’s appeal dismissed as untimely

March 19, 2014
Jennifer Nelson
A Madison County father challenging the denial of his petition for change of custody did not timely file his appeal, so the Indiana Court of Appeals dismissed it.
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Court upholds denial of tax exemptions

March 19, 2014
Jennifer Nelson
The Indiana Tax Court Tuesday ruled that the state Board of Tax Review did not err when it determined a nonprofit in Mooresville was not entitled to either a fraternal beneficiary association exemption or a charitable purposes exemption for the 2006 tax year.
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Judges reduce rapist’s sentence to 165 years

March 19, 2014
Jennifer Nelson

The Indiana Court of Appeals Wednesday slashed 105 years from a convicted rapist’s sentence, concluding the original 270-year sentence was far outside the norm for a single episode of conduct against a single victim.

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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