Legal News

Denial of jury instruction was correct, COA rules

March 10, 2016
Scott Roberts
The Indiana Court of Appeals said a trial court was right in denying a man’s jury instruction that would have applied mens rea to every element of aggravated battery, saying the severity of an injury is not an element of prohibited conduct, but a result of it.
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Failing to deliver car titles brings lawsuits from attorney general

March 10, 2016
Marilyn Odendahl
Four out-of-business auto dealerships and their owners are the target of lawsuits filed by the Indiana attorney general for violating the state’s Deceptive Consumer Sales Act.
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Jury selection scheduled in killing of Gary police officer

March 10, 2016
 Associated Press
Jury selection has been scheduled to begin in January in the trial of a man accused of killing of a Gary police officer.
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ADEA does not apply to company who fired 61-year-old employee

March 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed summary judgment for New Holland Logansport in a wrongful termination suit after it found the company did not meet the definition of employer under the Age Discrimination in Employment Act.
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7th Circuit: Plea agreement not breached by government

March 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals said the government did not breach its plea agreement with a defendant by introducing more victims than were mentioned in the agreement and therefore dismissed his appeal.
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Man has to pay back money despite court errors

March 9, 2016
The Indiana Court of Appeals ruled a man must pay back $19,486 he stole from another man despite court errors and the fact that the 10-year statute of limitations had expired.
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Senator: Jordan withdraws name for Supreme Court

March 9, 2016
 Associated Press
A federal appeals court judge who could have become the U.S. Supreme Court's first Cuban-American justice has withdrawn his name from consideration, a Democratic senator said Wednesday.
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COA denies expungement after man admitted to committing crime

March 9, 2016
Scott Roberts
The fact that a man admitted to committing a crime was enough to deny expungement of his records, the Indiana Court of Appeals said, despite the fact he was not convicted of one during his expungement time period.
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Dickson’s final argument set for historic Corydon courtroom

March 9, 2016
IL Staff
In an event celebrating the state’s bicentennial, the Indiana Supreme Court announced Wednesday it will travel to Corydon on April 20 for an oral argument in the original Supreme Court Courtroom.
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7th Circuit: cousins conspired to sell heroin; another gets new trial

March 9, 2016
Scott Roberts
The 7th Circuit Court of Appeals said two cousins conspired to distribute heroin, despite the claim from the defendants they were running separate heroin businesses.
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Judge’s sentencing process does not violate due process

March 9, 2016
Scott Roberts
The United States 7th Circuit Court of Appeals ruled a judge’s process to sentence a man who pleaded guilty to possession of cocaine did not violate the Fifth Amendment Due Process Clause, and may even be a process to be emulated by other judges in the future.
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Hostetler, Kincaid, Slaughter picked as Indiana Supreme Court finalists

March 9, 2016
Dave Stafford
Two judges with extensive business litigation backgrounds and an Indianapolis appellate litigator were named finalists to succeed retiring Justice Brent Dickson on the Indiana Supreme Court.
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Ransom family papers show attorneys' work to end discrimination

March 9, 2016
Beyond their professional work representing clients and settling disputes, Freeman Ransom and son Willard "Mike" Ransom pushed for equal opportunities and equal treatment for minorities.
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Park Tudor scandal reignites debate about lawyers reporting child abuse

March 9, 2016
Dave Stafford
Charges that former Park Tudor basketball coach and teacher Kyle Cox attempted to coerce and entice a 15-year-old student into a sexual relationship — and an attorney’s alleged actions after learning of the accusations — have refocused attention on a 2015 advisory ethics opinion that largely exempts lawyers from a law that requires reporting suspected child abuse.
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Willfulness test sets high bar for IP treble damages

March 9, 2016
Marilyn Odendahl
A patent infringement fight involving Indiana’s Zimmer Inc. has sparked a judicial debate over how much leeway District Court judges should have when deciding how intentional an infringer’s actions were.
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Indiana and other states choking on EPA’s new Clean Power Plan

March 9, 2016
Marilyn Odendahl
The Clean Power Plan, which seeks to reduce greenhouse gases by imposing caps on states regarding carbon dioxide emissions, has incited a backlash that began before the rule was even published in the Federal Register. A coalition of states, including Indiana, is seeking review of the plan in federal court, claiming the rule exceeds the Environmental Protection Agency's statutory authority.
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State appealing ruling in Syrian refugee lawsuit

March 8, 2016
IL Staff
The state of Indiana officially filed notice Tuesday that it intends to appeal the ruling by a federal judge last month that blocked Gov. Mike Pence’s order barring state agencies from helping Syrian refugees resettle in Indiana.
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Jury awards Erin Andrews $55M in lawsuit over nude video

March 8, 2016
 Associated Press
A jury awarded Erin Andrews $55 million in her lawsuit against a stalker who bought a hotel room next to her and secretly recorded a nude video, finding that the hotel companies and the stalker shared in the blame.
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Court taking up whether lawmakers can keep emails private

March 8, 2016
 Associated Press
The Indiana Supreme Court will consider whether a state lawmaker’s emails and other correspondence with utility company officials about proposed legislation can be kept private.
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Mother of severely malnourished twins reaches plea deal

March 8, 2016
 Associated Press
An Anderson woman who allowed her 2-year-old twins to become so malnourished they couldn't walk, crawl or talk has agreed to plead guilty to child neglect charges.
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E-filing underway in Shelby County

March 8, 2016
IL Staff
Shelby County joins Hamilton and Clark counties in the growing list of jurisdictions where electronic filing of court documents is now available, the Indiana Supreme Court announced Monday.
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Marion County Bar Association opposes judicial selection bill

March 8, 2016
Dave Stafford
Lawmakers are working to craft an 11th-hour agreement on how judges should be chosen in Marion County after they were unable to reach a compromise Monday. Meanwhile, Indianapolis’ historically black bar association called for direct election of judges instead of a proposed merit-selection system.
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Kokomo council backs sexual orientation protections

March 8, 2016
 Associated Press
Officials in Kokomo have given initial approval to making it the latest Indiana city to ban discrimination based on sexual orientation and gender identity.
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COA: Anonymous tipster’s information enough for conviction

March 8, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of unlawful possession of a firearm by a serious violent felon after it found an anonymous tipster’s information constituted reasonable suspicion.
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Bill giving longer sentences to drug dealers headed to governor

March 7, 2016
Marilyn Odendahl
A bill imposing mandatory minimum sentences for drug offenders has been approved by the Indiana Legislature and is expected to be signed by Gov. Mike Pence.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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