Legal News

Raccoon hunter cleared of conviction for fetching wayward dog

January 28, 2014
Dave Stafford
A raccoon hunter’s misdemeanor conviction was reversed Tuesday when appellate judges determined he wasn’t hunting or chasing wildlife when he retrieved his wandering dog from property where he didn’t have permission to hunt.
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In pollution suit rehearing, COA rejects fresh arguments

January 28, 2014
Dave Stafford
The Indiana Court of Appeals affirmed on rehearing a decision that the Allen County Public Library could pursue damages against contractors resulting from a diesel spill during a building project. A panel rejected arguments from defendants that it said violated a “cardinal rule” because they were raised for the first time on rehearing.
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Bars discussing marriage amendment, but cautious about taking a stance

January 28, 2014
Marilyn Odendahl
Among the nearly 13,000 members of the Indiana State Bar Association, views on the proposed marriage amendment are falling into three separate camps: those who think the association should publicly support it, those who think the association should publicly oppose it and those who think the association should refrain from taking a position at all.
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7th Circuit: Marathon owes more for abandoned locations

January 28, 2014
Dave Stafford
Owners who leased properties in Michigan and Indiana that were used as Marathon gas stations – some of which were neglected, abandoned and condemned while Marathon leased them – will be paid more than the $269,000 a District judge in Fort Wayne awarded.
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ICLEO application deadline nears

January 28, 2014
IL Staff
College graduates eligible for the Indiana Conference for Legal Education Opportunity have little more than two weeks to submit applications to be selected for the 2014 ICLEO Fellowship Summer Institute from June 15-July 25 at Valparaiso University Law School.
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Public access to death records gets Supreme Court review

January 28, 2014
Dave Stafford
A newspaper denied a request to obtain information in death records from a local health department will have an opportunity to make its case before the Indiana Supreme Court.
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Marion County courts closed Tuesday; state courts delayed

January 27, 2014
IL Staff
Marion County Circuit and Superior Courts in the Indianapolis City-County Building will be closed Tuesday in anticipation of dangerously cold weather. State court operations in Indianapolis, meanwhile, will delay opening until 10:30 a.m. Tuesday.
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Automatic modification violates custody statute, COA rules

January 27, 2014
Marilyn Odendahl
A trial court’s order automatically awarding custody of a minor child to the father was reversed by the Indiana Court of Appeals on the grounds the lower court’s decision violated the state’s custody modification statute.
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Defendant entitled to cash bail refund under former statute

January 27, 2014
Dave Stafford
A pro se litigant convinced the Indiana Court of Appeals that he was entitled to a refund of a $250 cash bond. The COA reversed a Monroe Circuit order denying a motion for release of cash bond dating to 2003.
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Appeals court affirms multiple sex-crimes, 100-year sentence

January 27, 2014
Dave Stafford
Multiple convictions were upheld Monday against a man who had threatened, confined and sexually assaulted three Indianapolis women he picked up after offering them money for sex.
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COA vacates sex-abuse confinement conviction as double jeopardy

January 27, 2014
Dave Stafford
The Indiana Court of Appeals on Monday vacated a conviction of Class C felony criminal confinement for a man also convicted of Class B felony criminal deviate conduct, finding the lesser conviction resulted in double jeopardy.
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Erroneous instruction on accomplice liability not enough to get conviction overturned

January 27, 2014
Marilyn Odendahl
The Indiana Court of Appeals has split on whether erroneous jury instruction was a harmless error or gave the jurors another base for finding a defendant guilty of attempted murder.
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Bill proposes modest Marion County small claims reforms

January 27, 2014
Dave Stafford
Modest reforms to the derided Marion County township small claims courts are proposed in a bill scheduled to get a committee hearing Wednesday.
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7th Circuit bars Indianapolis’ hour limits on adult bookstores

January 27, 2014
Dave Stafford
The 7th Circuit Court of Appeals in Chicago has tossed an Indianapolis ordinance limiting the business hours of adult bookstores from 10 a.m. to midnight Monday through Saturday.
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IndyBar takes public position against marriage amendment

January 27, 2014
Marilyn Odendahl
Backed by the results of a membership survey, the Indianapolis Bar Association has announced its opposition to the marriage amendment being debated at the Statehouse.
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Supreme Court extends audio-video transcript pilot project

January 27, 2014
Dave Stafford
A pilot project in three Indiana courts that replaces written transcripts with audio/video camera recordings has been extended and expanded because two of the three courts haven’t generated the anticipated number of appeals necessary to evaluate the system.
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COA Judge Riley to chair access to civil legal services panel

January 27, 2014
Dave Stafford
Court of Appeals Judge Patricia Riley has been appointed to chair the Commission to Expand Access to Civil Legal Services created last year by order of the Indiana Supreme Court.
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Indiana Supreme Court appoints attorney to fill Judge Brown’s post

January 24, 2014
IL Staff
Indianapolis criminal defense attorney David Cook has been appointed as judge pro tempore to fill the duties of suspended Marion Superior Judge Kimberly Brown.
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Divided panel: OWI-causing-death retrial not double jeopardy

January 24, 2014
Dave Stafford
A majority of an Indiana Court of Appeals panel upheld a man’s conviction and 14-year sentence for driving while intoxicated causing death, but a dissenting judge said the unusual case history that led to the outcome constituted double jeopardy.
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Court affirms higher home assessment as compared to neighbors

January 24, 2014
Jennifer Nelson
The Indiana Tax Court Thursday affirmed the 2007 assessment of a property in an upscale community on Lake Michigan, rejecting the homeowner’s argument that the assessment should be lower because surrounding homes were assessed at a lower ratio when taking into account the prices at which the homes were sold.
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Split opinion: Disclosure of insurance policy limit is reversible error

January 24, 2014
Dave Stafford
Ruling on an issue of first impression, a divided panel of the Indiana Court of Appeals on Friday rejected a jury’s award of $250,000 to the widow of a motorcyclist injured in a crash. The majority remanded for a new trial, holding that disclosure of uninsured motorist policy limits was irrelevant and prejudiced the jury.
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Appeals panel upholds $3.9M verdict for bicyclist hit by school bus

January 24, 2014
Dave Stafford
A student riding his bicycle to school on Washington Street in Indianapolis was hit by a school bus and critically injured, and a jury’s $3.9 million judgment in his favor was proper, the Indiana Court of Appeals ruled Friday.
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Judges reverse possession of meth, paraphernalia convictions

January 23, 2014
Jennifer Nelson
In a consolidated appeal, the Indiana Court of Appeals reversed a Huntington County man’s convictions and sentences for possession of methamphetamine and paraphernalia, ruling the trial court abused its discretion in admitting evidence purportedly seized in violation of the Fourth Amendment.
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COA: Teen who shot cows did not mutilate or torture them

January 23, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday reversed a teenager’s adjudications for cruelty to an animal after finding the evidence was not sufficient to prove he mutilated or tortured either cow he shot.
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COA: Insurers have no duty to defend in environmental case

January 23, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the decision by an Indiana court relying on Maryland law that granted summary judgment and defense costs to a business whose product led to perchlorate contamination in California and Indiana.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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