Legal News

Candidates answer questions about qualifications to be justice

July 17, 2012
Dave Stafford
The Indiana Judicial Nominating Commission began interviews with 22 candidates vying to replace retiring Justice Frank Sullivan Jr. The interviews are taking place Tuesday and Wednesday, and the commission will narrow the list Wednesday to those who will be interviewed a second time in August.
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Roberts to step down as McKinney dean in 2013

July 17, 2012
Jennifer Nelson
Indiana University Robert H. McKinney School of Law Dean Gary Roberts will retire as dean June 30, 2013, Indiana University Purdue University-Indianapolis announced Tuesday. He will remain on the law school faculty after he steps down as dean.
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Attorney staged his own shooting, authorities say

July 16, 2012
Dave Stafford
A southern Indiana attorney who reported he was shot at McCormick’s Creek State Park on June 25 staged his own shooting, authorities say.
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US complaint: Plymouth reservist deprived of benefits

July 16, 2012
IL Staff
A U.S. Air Force reservist was illegally denied longevity pay when he returned to his job as a police officer in Plymouth, according to a federal complaint.
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Appeals court affirms tax sale notice statute unconstitutional

July 16, 2012
Dave Stafford
The Indiana Court of Appeals on Monday affirmed a trial court ruling denying a petition for a tax deed after a Bartholomew County tax sale, finding that the court was correct in ruling that the state’s statutory notice violated the 14th Amendment guarantee of due process.
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In-court marijuana field test ruled error, but not reversible

July 16, 2012
Dave Stafford
An appeals court panel ruled that a deputy’s in-court field test to prove a substance was marijuana should not have been allowed, but it declined to use the error as a basis to reverse a man’s misdemeanor conviction.
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Justices deny transfer in 16 cases

July 16, 2012
Dave Stafford
The Indiana Supreme Court denied transfer in 16 cases it reviewed in the week ending July 13, according to the transfer list released Monday.
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Appeals court upholds rape conviction

July 13, 2012
Dave Stafford
A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.
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Divided appeals court affirms summary judgment for community action program

July 13, 2012
Dave Stafford
A divided Indiana Court of Appeals panel on Friday affirmed a Marion Superior Court ruling that dismissed a case against a government-funded agency because the victims in a vehicle accident failed to provide notice under the Indiana Tort Claims Act.
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Court reverses ruling in Plymouth church insurer's suit against contractors

July 13, 2012
Dave Stafford
The Indiana Court of Appeals reinstated an insurer’s case against contractors who built a Plymouth church gymnasium addition in 2008 in which the basketball court floor was ruined when a frozen sprinkler burst eight months later.
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BrightPoint settles 2 suits against rival Brightstar

July 13, 2012
Scott Olson
Indianapolis-based BrightPoint Inc. has agreed to settle two lawsuits it brought against similarly named rival Brightstar Corp.
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Justices order new trial for Ripley County man

July 12, 2012
Jennifer Nelson
A Ripley County man convicted of conspiring to commit burglary is entitled to a new trial due to ineffective assistance of his trial counsel and prosecutorial misconduct, the Indiana Supreme Court held.
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Payment changes for appellate filing fees in Northern District

July 12, 2012
IL Staff
Beginning Monday, the U.S. District Court in the Northern District of Indiana will require online credit card payments, via CM/ECF, for filing fees associated with civil and criminal notices of appeal.
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7th Circuit certifies questions for Kansas Supreme Court

July 12, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals was unable to determine under Kansas law how that state’s Supreme Court would rule on whether FedEx drivers are employees or independent contractors, so the court sent two certified questions to the Kansas justices.
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Man who killed girlfriend may be retried for reckless homicide

July 12, 2012
Jennifer Nelson
The post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the same charge, but may face retrial for reckless homicide.
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42 members of Indianapolis motorcycle club indicted

July 11, 2012
IL Staff
In what has been described by Southern District U.S. Attorney Joseph Hogsett as the largest federal organized crime prosecution in Indianapolis history, 42 members of the Outlaws Motorcycle Club in Indianapolis have been indicted on various offenses, including extortion and drug charges.
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Supreme Court Justice Rucker to run for retention

July 11, 2012
Dave Stafford
Indiana Supreme Court Justice Robert Rucker will stand for retention, ending speculation that he might become the fourth justice to step down in the last two years.
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Deadline to accept State Fair settlement extended

July 11, 2012
IL Staff
The Office of the Indiana Attorney General, at the request of attorneys representing claimants in lawsuits stemming from the stage collapse at the Indiana State Fair in August 2011, has moved the deadline to respond to a settlement offer to Aug. 1. The original deadline was Friday.
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Lake County local rule requires e-filing of certain cases, fee increase implemented

July 11, 2012
Jennifer Nelson
Beginning July 16, all civil collection, civil tort, civil plenary and miscellaneous cases filed in the County Division Courts Room 2 or 3 in Lake County will have to be filed electronically using the county’s new e-filing system. The change is a result of an amendment to Local Rule 45-A.R.16-17.
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Judges disagree over impact of mental illness label at sentencing

July 11, 2012
Jennifer Nelson
7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts should testify about his mental illness.
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COA rules trial court should have allowed DCS to withdraw adoption consent

July 10, 2012
Dave Stafford
The Department of Child Services’ failure to investigate a child’s aunt as a possible adoptive parent – and a trial court’s refusal to allow DCS to withdraw consent for foster parents to adopt after acknowledging its failure – prompted the Indiana Court of Appeals to reverse a trial court order granting the foster parents’ petition to adopt.
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AG’s video conferences train Mexican prosecutors

July 10, 2012
IL Staff
About 50 prosecutors in Mexico are learning about the American legal system through video conferences this week arranged by the Indiana attorney general’s office.
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Shepard joins Old National board

July 10, 2012
IL Staff
Retired Indiana Chief Justice Randall Shepard has been appointed to the board of directors of Old National Bancorp, the Evansville-based company announced Monday.
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Columbus-area businessman faces federal fraud charges

July 10, 2012
Dave Stafford
A Columbus-area businessman is facing multiple federal charges that he defrauded banks, credit unions and investors of more than $10 million.
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Supreme Court justices reject 12 cases

July 9, 2012
Dave Stafford
The Indiana Supreme Court added no cases to its docket last week, denying or dismissing transfer in a dozen cases.
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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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