Legal News

Judges blister Pence’s position, solicitor general in Syrian refugee case

September 15, 2016
Dave Stafford

Near the conclusion of more than 50 sometimes shouted questions and incredulous interruptions of Indiana Solicitor General Thomas Fisher on Wednesday, exasperated 7th Circuit Court of Appeals Judge Richard Posner said to him, “Honestly. You are so out of it.”

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Appeals court affirms decision to strip parental rights

September 15, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Thursday a trial court decision to involuntarily strip a couple of their parental rights despite the father’s claim that the Department of Child Services had not produced enough evidence to warrant such action.
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Lawyers warned they may pay for filing frivolous suits

September 15, 2016
 Bloomberg News
Lawyers who defend companies in product liability cases are celebrating an unusual order by a federal judge in Columbus, Georgia. In it, he told attorneys for the other side—the ones who represent injured consumers—that he was going to crack down on frivolous claims, and that the penalty could come from their wallet.
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COA reverses decision to deny woman’s expungement request

September 15, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a Jay Circuit Court decision to deny a woman’s petition for expungement of her records after she was convicted of forgery and dealing in methamphetamine.
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Indiana woman sues over lack of wheelchair access to concert

September 15, 2016
 Associated Press
A woman who uses a wheelchair filed a lawsuit Thursday against a southern Indiana school district because the venue for her child's Christmas show isn't wheelchair accessible.
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Supreme Court affirms sentence of man convicted of child solicitation against niece

September 15, 2016
Olivia Covington
The Indiana Supreme Court has affirmed a trial court’s sentence for a man convicted of felony child solicitation against his teenage niece after it granted the state’s petition for transfer on Wednesday.
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Ex-Krieg DeVault attorneys sue over pay, alleged partner write-offs

September 14, 2016
Dave Stafford
Three partners who left Krieg DeVault LLP last year have sued their former firm over compensation. They claim they were shortchanged when they departed the firm and made to pay for other partners whose capital accounts with negative balances were written off.
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Appeal process bumps up February bar exam passage rate

September 14, 2016
Jennifer Nelson
The February 2016 Indiana Bar Exam results have been amended to reflect those who successfully appealed their initial failure, resulting in a 4-percentage-point increase in the overall pass rate.
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Property award to ex-girlfriend of longtime boyfriend affirmed

September 14, 2016
Jennifer Nelson
A trial court correctly awarded certain property to a woman who filed a complaint against her longtime partner for unjust enrichment after the two broke up after a 17-year relationship, the Indiana Court of Appeals held.
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COA affirms health services provider in contempt for not producing records

September 14, 2016
Olivia Covington
The Indiana Court of Appeals has affirmed that Meridian Health Services was in contempt of court when it failed to provide a patient’s father with her health records after a subpoena ordered the health services provider to do so.
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COA affirms conversion judgment against mortgage lender

September 14, 2016
Dave Stafford
A mortgage company lost its appeal of a ruling that it effectively stole the Muncie property from its borrower, who is entitled to $158,392.50 in damages, including $74,000 under the Indiana Crime Victims Relief Act.
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Transgender Mexican citizen sues Indiana to change name to match gender identity

September 14, 2016
Olivia Covington
A transgender Mexican man with asylum in the United States is suing the state of Indiana for a law that prohibits him from legally changing his name to match his gender identity as a man.
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Lawyers questioned over Indiana's Syrian refugees order

September 14, 2016
 Associated Press
Attorneys defending Indiana Gov. Mike Pence's order to bar state agencies from helping Syrian refugees resettle in his state have been fiercely questioned by a federal appeals court.
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Indiana man awaits sentencing in June death of infant son

September 14, 2016
 Associated Press
A 26-year-old Indiana man is awaiting sentencing in the death of his infant son after a plea agreement was reached in the case.
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Ex-teacher's aide reaches plea deal in child seduction case

September 14, 2016
 Associated Press
A plea agreement has been reached for a former Indianapolis-area teacher's aide facing child seduction charges.
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Court awards $10,000 to deaf litigant denied interpreter

September 14, 2016
Dave Stafford
A deaf Indianapolis man who was denied a sign language interpreter at his court-ordered mediation of a child-custody dispute will receive $10,380 in damages, a federal judge ruled.
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Lone Indiana Tech Law student passes July exam

September 13, 2016
Jennifer Nelson
The inaugural graduating class of Indiana Tech Law School in Fort Wayne set a goal of a 100 percent bar passage rate, but a review of the names of successful July applicants reveals only one Indiana Tech student passed the Indiana Bar Exam.
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7th Circuit upholds foster father’s child molestation conviction

September 13, 2016
Olivia Covington
The 7th Circuit Court of Appeals has upheld a foster father’s conviction of molesting his former foster daughter after the foster father claimed that his counsel at trial was ineffective in a manner that was prejudicial.
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Notre Dame police want records secret, ESPN lawyer argues

September 13, 2016
Dave Stafford
The University of Notre Dame Police Department should be subject to public records laws, an attorney for ESPN argued to the Indiana Supreme Court Tuesday, while lawyers for the NDPD urged the court not to consider the private university’s force a public agency.
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COA: Discovery rule applies in inverse condemnation action against Duke Energy

September 13, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a Monroe Circuit Court decision to dismiss a complaint against Duke Energy after finding that the trial court erred when it ruled that the statute of limitations for the complaint had expired.
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COA orders couple to pay fees to lot owner’s association

September 13, 2016
Olivia Covington
The Indiana Court of Appeals has ordered a couple to pay a Bartholomew County lot owner’s association $6,000 in assessment fees despite the couple’s claim that they are not members of the association.
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Evansville Bar hosts inaugural lecture series

September 13, 2016
IL Staff
The Evansville Bar Association is hosting a discussion about access to justice and pro bono practice rules at its first Randall T. Shepard Lecture Series Tuesday evening.
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Trial reset for February in Indiana triple-fatal crash

September 13, 2016
 Associated Press
A western Indiana judge has postponed until February the trial for a Cayuga man charged in connection with a triple-fatality crash.
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ESPN to argue for Notre Dame records at Supreme Court

September 12, 2016
IL Staff
ESPN will continue its efforts Tuesday to obtain records regarding incidents involving student athletes from the University of Notre Dame Police Department. The Indiana Supreme Court will hold oral arguments Tuesday morning.
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Indiana Bar Exam passage rates continue decline

September 12, 2016
IL Staff
The Indiana Bar Exam saw another drop in overall passage rate of its test takers as results of the July 2016 bar exam were released Monday.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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