Legal News

Statute does not allow for deferral of dealing marijuana charge

July 17, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that I.C. 35-48-4-12 would run afoul of double jeopardy or collateral estoppel if the court defers his marijuana possession charge but not his charge of dealing marijuana.
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Justices uphold $94,000 in damages, fees for failed condo sale

July 17, 2014
Jennifer Nelson
The Indiana Supreme Court agreed with the trial court that a seller of a condo whose buyers backed out of the purchase agreement over failed repairs could have mitigated her damages by selling the condo in 2007 to a different buyer instead of waiting until 2011 and accepting a lower price.
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Judge orders Indiana BMV to resume selling plates

July 17, 2014
 Associated Press
The Indiana Bureau of Motor Vehicles must resume issuing personalized license plates, a Marion County judge ordered Wednesday, but that doesn't mean it'll happen in the near future.
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Epileptic man’s excessive force, wrongful arrest case proceeds

July 17, 2014
Dave Stafford
A man with epilepsy who claims Indianapolis police assaulted and falsely arrested him while he was having a seizure may proceed with numerous claims against the officers and the city, a federal judge ruled Wednesday.
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Indiana county to make money off of bad drivers

July 17, 2014
 Associated Press
A northwest Indiana county has agreed to sell court records to a data-mining company that plans to supply them to insurers who will use them to raise rates for bad drivers.
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‘Sovereign citizen’ convicted of kidnapping daughter loses appeal

July 16, 2014
Jennifer Nelson
The Kansas man who kidnapped his adult daughter and held her captive in northern Indiana had his convictions and sentence upheld by the 7th Circuit Court of Appeals Wednesday.
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Judge: Outdated caselaw needs revised to handle Internet issues

July 16, 2014
Jennifer Nelson
A dissenting judge in an unfair competition case involving the near simultaneous registrations of the same Internet domain name urged the Indiana Legislature and Supreme Court to “usher Indiana into the technological realities of the 21st Century.”
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1 same-sex marriage lawsuit remains in District Court

July 16, 2014
Marilyn Odendahl
One challenge to Indiana’s same-sex marriage law remains in federal court and could, again, open a window for gay and lesbian couples in the state to get married, an attorney representing the plaintiffs in the case said.
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Owner of Anderson location yanks suit against Motel 6

July 16, 2014
Dave Stafford
Owners of an Anderson hotel that has operated as a Motel 6 since its construction in 1974 – but soon won’t –  withdrew a federal lawsuit Tuesday that claimed the national chain had not maintained the site “as a first class motel” required under its decades-old lease.
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Judges uphold felony conviction for kicking cat

July 16, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed an Allen County man’s conviction of Class D felony torturing or mutilating a vertebrate animal, finding sufficient evidence that the man knowingly or intentionally mutilated a cat that somehow got into his house.
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Interest rate charged by bank upheld by Court of Appeals

July 16, 2014
Jennifer Nelson
The Indiana Court of Appeals relied on a similar case out of Ohio to find that a bank did not exceed the agreed-upon interest rate of commercial borrowers by applying a 365/360 interest calculation method as some borrowers claimed in a class action.
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Courts provide information about appellate judges up for retention

July 16, 2014
IL Staff
Voters looking to learn more about the four appellate judges up for retention on this year’s general election ballot can turn to a website designed by the Division of State Court Administration.
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Grant applications for children, family projects due Aug. 14

July 16, 2014
IL Staff
The Indiana Court Improvement Program is accepting applications for projects designed to improve the well-being, safety and permanency of children and families involved in child in need of services and termination of parental rights proceedings.
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Task force: Keep pro bono hours anonymous

July 16, 2014
Marilyn Odendahl
A task force at the recommendation of the Indiana Supreme Court recently looked at five areas concerning pro bono work and the reporting of hours, including whether attorneys' reported pro bono hours should be disclosed publicly.
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Lawyer registration fee increase to cover program shortfalls, aid pro bono districts

July 16, 2014
Dave Stafford
Attorney registration fees set to increase nearly 25 percent will cover shortfalls in the judiciary programs they fund and give a temporary emergency boost to the state’s pro bono districts.
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Ice cold beer? Not here

July 16, 2014
Marilyn Odendahl
The challenge to Indiana cold beer regulation continues in state court and 7th Circuit Court of Appeals.
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New Indiana criminal code being implemented in courtrooms

July 16, 2014
Marilyn Odendahl
Prosecutors, public defenders and judges around the state have been attending special seminars, updating computer programs and reading through the new criminal code in preparation for the switch. Many say they will need about six months before they feel comfortable with the new code, and they expect they will be juggling cases charged under the old code for at least another 12 to 18 months.
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Admission of video and recorded statements did not violate Sixth Amendment

July 15, 2014
Marilyn Odendahl
The defendant in a drug trial was unable to convince the Indiana Court of Appeals that his constitutional right to confront a witness was violated when the confidential informant did not testify at trial.
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Court rejects automatic change in custody for moving mom

July 15, 2014
Dave Stafford
A mother will not automatically lose custody of one of her children if she chooses to relocate to Texas, the Indiana Court of Appeals held Tuesday, reversing in part a trial court order in favor of the child’s presumptive father.
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Ex-HHGregg manager's lawsuit grows into class-action

July 15, 2014
Scott Olson, IBJ Staff
A lawsuit brought by a former HHGregg Inc. manager charging that the company failed to pay incentive bonuses has been granted class-action status by a Marion Superior Court judge.
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Woman loses appeal over stillbirth medical malpractice claim

July 15, 2014
Dave Stafford
A woman who claimed medical malpractice contributed to a stillborn child failed to persuade the Indiana Court of Appeals that a trial court erred in granting summary judgment in favor of defendants.
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Appeals court affirms post-conviction relief not justified for rapist

July 15, 2014
Dave Stafford
A man who pleaded guilty in 1997 to raping his 6-year-old daughter committed a crime so heinous that his sentence of 50 years in prison was justified, and he raised no issues in a post-conviction relief appeal on which the sentence could be reduced.
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Convenience stores continue fight for cold beer

July 15, 2014
Marilyn Odendahl
Indiana convenience stores are pushing forward with their effort to persuade the courts to upend the state’s restrictions on cold beer sales.
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Divided COA reverses grandparent visitation order

July 15, 2014
Dave Stafford
Indiana Court of Appeals judges split on their views of the best interests of a child Tuesday, reversing a trial court order granting visitation to the paternal grandparents of a 4-year-old whose father committed suicide before the child was born.
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St. Joseph Family Justice Center marks 10th year with national event

July 15, 2014
IL Staff
The Family Justice Center of St. Joseph County, a one-stop help center for victims of domestic violence and their children, is marking the 10th anniversary of its founding with public events and training sessions as it hosts the National Family Justice Center Initiative Wednesday through Friday.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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