Legal News

AT&T ‘mobile cramming’ settlement nets refunds for Hoosiers

October 8, 2014
Jennifer Nelson
A $105 million settlement reached Wednesday with AT&T Mobility LLC means that nearly half a million Indiana residents may be eligible for refunds for unauthorized charges on their cell phone bills.
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Judge halts planned consolidation of Zionsville, Perry Township

October 8, 2014
Andrea Muirragui Davis, IBJ Staff
A Boone County judge has ruled that Zionsville can’t absorb the operations of Perry Township even if voters OK a reorganization plan that’s already on next month’s ballot.
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Evidence doesn’t show existence of family housing complex at time of crime

October 8, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s Class A felony conviction for dealing cocaine within 1,000 feet of a family housing complex because the state didn’t prove the complex qualified as family housing under the law at the time of the offense.
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IU McKinney launches partnership with Wabash College

October 8, 2014
IL Staff
Indiana University Robert H. McKinney School of Law and Wabash College have entered into a partnership agreement in which two Wabash grads each year will have the chance to attend the law school at half the cost.
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ISBA members say ‘yes’ to retaining appellate judges

October 8, 2014
IL Staff
The four Indiana appellate judges up for retention next month have the approval of ISBA members, according to survey results released Tuesday by the organization. Members overwhelmingly voted that the judges should be retained.
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US Supreme Court hears dispute over pay for security checks

October 8, 2014
 Associated Press
Several Supreme Court justices seem disinclined to find that employers must pay workers for time spent waiting to go through anti-theft security checks at the end of their shifts.
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Video shows officer using stun gun in traffic stop

October 8, 2014
 Associated Press
A cellphone video released Tuesday shows police in Indiana breaking a car window then using a stun gun on a man after police stopped the driver for not wearing a seat belt. The video, recorded by the driver's 14-year-old son, captured a Sept. 24 confrontation between two adults in the car and police that's the basis of a lawsuit filed in U.S. District Court against several officers and the city of Hammond.
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Indiana county clerks told to allow gay marriages

October 8, 2014
 Associated Press
The Indiana attorney general's office told county clerks across the state Tuesday that they must issue marriage licenses to same-sex couples.
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Keeping death certification accessible is 'victory for the public'

October 8, 2014
Marilyn Odendahl
Both the Hoosier State Press Association and the Indiana attorney general are applauding the Indiana Supreme Court’s ruling Tuesday that cause of death information is public.
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Millions more sought for representation of juveniles

October 8, 2014
Dave Stafford
The money is needed for guardians ad litem and court appointed special advocates, and to pay for the new rule requiring defenders in delinquency cases.
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SCOTUS denial of marriage lawsuits creates historic day

October 8, 2014
Marilyn Odendahl
The decision by the Supreme Court of the United States not to hear any of the same-sex marriage cases before it was unexpected but very welcomed by the same-sex couples and their attorneys who challenged Indiana’s marriage ban.
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Officer's meth-exposure claims untangled by appeals court

October 8, 2014
Dave Stafford
The Indiana Court of Appeals rules an injured city policeman must exhaust workers' comp remedies before turning to the injured-on-duty statute.
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Unanimous Supreme Court holds death certificates are public records

October 7, 2014
Marilyn Odendahl
Taking what it called a “plain reading” of the state statute, the Indiana Supreme Court ruled death certificates which include the cause of death are public records and should be available to anyone who requests access.
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7th Circuit rules against insurer in jurisdiction dispute

October 7, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a federal court judgment in favor of an insurer after the insurer’s motion to intervene in a state court lawsuit on the same matter was denied. The federal court incorrectly determined the state court did not have jurisdiction over an injured worker’s lawsuit.
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Mother loses custody after COA rules trial court had jurisdiction

October 7, 2014
Marilyn Odendahl
A mother’s argument that the trial court did not have jurisdiction to grant full custody of her daughter to the girl’s father did not convince the Indiana Court of Appeals, which found an agreement between the parents gave the court jurisdiction.
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Accomplice in jewelry store robbery loses sentence appeal

October 7, 2014
Dave Stafford
The 45-year sentence imposed on an accomplice in a jewelry store robbery was affirmed by the Indiana Court of Appeals Tuesday, even though the crime to which he pleaded guilty is now punishable by a maximum sentence of 20 years.
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Indianapolis man gets 28 years for coercing sex

October 7, 2014
 Associated Press
A judge sentenced an Indianapolis man to 28 years in prison Monday for tricking teenage girls as young as 13 into sending him explicit photos via Facebook and using the photos to coerce the girls into having sex with him.
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Marion County to create veterans court

October 7, 2014
Dave Stafford
Marion County plans to start a veterans court next year, a specialized problem-solving court that will allow diversion of lower-level criminal offenses for those who served in the military.
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SCOTUS rejects 3 Indiana cases

October 6, 2014
Dave Stafford
The Supreme Court of the United States on Monday declined to review a ruling that struck down Indianapolis’ limits on the hours that adult bookstores can operate.
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Justices' decision means same-sex marriage legal in Indiana

October 6, 2014
Marilyn Odendahl
The decision by the Supreme Court of the United States not to hear any of the same-sex marriage cases before them was unexpected but very welcomed by the same-sex couples and their attorneys who had challenged Indiana’s marriage ban.
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Judge rejects call for anonymous jury in trial

October 6, 2014
 Associated Press
A federal judge has rejected prosecutors' request to keep juror identities confidential at the January murder and racketeering trial of an East Chicago man.
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Indiana county settles dispute with forensics firm

October 6, 2014
 Associated Press
A southern Indiana county has reached a settlement in its billing dispute with a forensics company that testified on the prosecution's behalf last year in a triple-murder trial.
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Special prosecutor sought in case involving judge

October 6, 2014
 Associated Press
A central Indiana prosecutor is seeking a special prosecutor to hear allegations that a Muncie City Court judge intimidated another woman during a confrontation outside that woman's home.
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Justices add criminal and child support cases to docket

October 6, 2014
Dave Stafford
Whether a person’s proximity to a crime scene together with circumstantial evidence is sufficient for conviction is the question for the Indiana Supreme Court in one of two cases justices will review.
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Ogden quitting law, citing high disciplinary fine

October 6, 2014
Dave Stafford
Indianapolis attorney and blogger Paul Ogden said he is quitting the practice of law rather than pay costs of more than $10,000 imposed on him as the result of a disciplinary case involving private comments he made about a judge.
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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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