Legal News

Clay County man entitled to discharge because of ruling delays

October 1, 2012
Jennifer Nelson
The Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.
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Woman gets 4-year sentence for lying about being injured in State Fair collapse

October 1, 2012
Jennifer Nelson
One of the two women prosecutors say filed false claims in order to receive money from funds set up for victims of the stage collapse at the Indiana State Fair in 2011 received a four-year sentence Friday.
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Trial court correctly revoked man’s probation in 5 cases

September 28, 2012
Jennifer Nelson
A Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.
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COA orders jury trial on animal cruelty charges

September 28, 2012
Jennifer Nelson
An Evansville man convicted of six counts of misdemeanor animal cruelty due to the condition of horses on his property did not knowingly waive his right to a jury trial and, therefore, is entitled to a jury trial, the Indiana Court of Appeals concluded.
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Legislators to receive Shepard pro bono award

September 28, 2012
Jennifer Nelson
State Sen. Brent Steele, R-Bedford, and Rep. Eric Koch, R-Bedford, will receive the Indiana Pro Bono Commission’s Randall T. Shepard Award for excellence in pro bono publico, the Indiana Bar Foundation announced Thursday.
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Conour drops attorneys, gets $15k from shrinking trust

September 27, 2012
Dave Stafford
Ex-attorney William Conour and his defense lawyers officially parted ways on Thursday. A federal judge afterward granted Conour’s request that he receive $15,000 from a $100,000 trust fund set up for compensating client victims he is accused of defrauding.
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Court video pilot project will last through 2013

September 27, 2012
Jennifer Nelson
The pilot project announced this summer by the Indiana Supreme Court that includes using video transcripts in three trial courts as the official court record will run through Dec. 31, 2013.
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Federal judge dismisses whistleblower suit against Rolls-Royce

September 27, 2012
Scott Olson
A federal judge in Indianapolis has dismissed a whistleblower lawsuit filed by a former Rolls-Royce Corp. engineer who accused the company of selling faulty aircraft engine parts to the government.
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Durham to be sentenced Nov. 30

September 27, 2012
IL Staff
Tim Durham and the two other men convicted of running a Ponzi scheme and taking money from investors in Ohio-based Fair Finance Co. will be sentenced Nov. 30.
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Supreme Court amends disciplinary rule

September 27, 2012
IL Staff
Indiana Chief Justice Brent Dickson has signed an order amending Admission and Discipline Rule 23, Section 26 on the disciplinary commission and proceedings.
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Indiana justices asked to answer question under Common Construction Wage Act

September 26, 2012
Jennifer Nelson
U.S. Judge Sarah Evans Barker has asked the Indiana Supreme Court to answer a certified question that arose in a pay dispute between a Fort Wayne electrician and Indianapolis-based Gaylor Inc.
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State cannot enforce $1,000 cap on dental services for Medicaid recipients

September 26, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has left in place the preliminary injunction granted by Chief Judge Philip Simon last year that prevents the state from capping dental work for Medicaid recipients at $1,000 a year.
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7th Circuit affirms in part man’s convictions for producing fake documents

September 26, 2012
Jennifer Nelson
There is enough evidence to support two of the three convictions of an East Chicago man stemming from his making and selling various counterfeit documents, but photocopies in his possession cannot support his conviction of unlawful possession of five or more false identification documents.
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7th Circuit to hold arguments at Notre Dame Law School

September 26, 2012
IL Staff
The 7th Circuit Court of Appeals will hear arguments in three Indiana cases Oct. 1 at Notre Dame Law School, including a lawsuit filed by African-American police officers and firefighters in Indianapolis who claim the promotion process is racially discriminatory.
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Major changes coming in bankruptcy court Oct. 1

September 26, 2012
IL Staff
The U.S. Bankruptcy Court for the Southern District of Indiana is reminding practitioners that some amendments to local rules taking effect next month “may significantly impact” bankruptcy attorney practices.
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Loretta Rush is Indiana's next justice

September 26, 2012
Dave Stafford
Colleagues say the Supreme Court appointee brings life balance, temperament and skill to the job.
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Zoeller, senators at odds over immigration law

September 26, 2012
Dave Stafford
Indiana lawmakers seek to intervene with aid of Kansas official Kris Kobach.
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ILS Medical Legal Partnership gives Midtown clients access to legal services

September 26, 2012
Marilyn Odendahl
Indiana Legal Services' clinic helps clients at Midtown Community Mental Health Center navigate through legal entanglements that can ensnare them.
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Victim funds create legal, public policy issues

September 26, 2012
Dave Stafford
Kenneth Feinberg, an authority on victim compensation funds, says circumstances warranting these types of programs are "rare."
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Remedy is not easy in securities fraud cases

September 26, 2012
Marilyn Odendahl
Plaintiffs must meet a high standard after filing complaint to get to the discovery stage.
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Marilyn Monroe decision points to right of publicity's shortcomings

September 26, 2012
Dave Stafford
The legal landscape for Marilyn Monroe’s heirs changed considerably when a federal court recently affirmed that the idol had no right of publicity that survived her.
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New provisions shine light on patent process

September 26, 2012
Marilyn Odendahl
One addition under the America Invents Act is the public has the opportunity to participate in pre- and post-grant reviews.
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Admission of the videotaped confession constitutes fundamental error

September 25, 2012
Marilyn Odendahl
The true finding that a juvenile committed an act that would constitute the offense of attempted burglary, a class B felony, was reversed by the Indiana Court of Appeals on the grounds the trial court made a fundamental error in admitting into evidence the juvenile’s videotaped confession.
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Court affirms protective order without evidentiary hearing

September 25, 2012
Dave Stafford
A Shelby County man’s protective order against a neighbor is valid even though the trial court didn’t hold an evidentiary hearing or honor the neighbor’s request for a continuance, the Court of Appeals ruled Tuesday.
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Court affirms mobile meth lab conviction, sentence arising from car search

September 25, 2012
Dave Stafford
A man’s conviction and 24-year sentence on charges related to a mobile meth lab found in his vehicle was affirmed Tuesday by the Indiana Court of Appeals.
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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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