Legal News

Gary Mayor reminds MCBA of history, pushes action

August 26, 2013
Marilyn Odendahl
Gary mayor Karen Freeman-Wilson implored members of the Marion County Bar Association to speak up because the gains made by previous generations of African-Americans are being rolled back.
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Truck owner-operator fee dispute stays in federal court

August 23, 2013
Dave Stafford
A lawsuit claiming that hundreds of tractor-trailer owner-operators may be owed damages of more than $5 million will remain in federal court, the 7th Circuit Court of Appeals ruled Friday.
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State Fair properly stripped champion sheep title, but penalties merit hearing

August 23, 2013
Dave Stafford
The Indiana State Fair Board’s decision to strip a winner of his grand champion sheep prize will stand, but the 4-H’er was entitled to a hearing on penalties, the Indiana Court of Appeals ruled Friday.
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Gov. Pence turns to legal community for board appointments

August 23, 2013
IL Staff
A litigation attorney for the Indiana Department of Child Services, Luke Britt, has been appointed as the Indiana Public Access Counselor.
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7th Circuit reinstates smelly washer class actions

August 23, 2013
Dave Stafford
Two class actions claiming Kenmore washing machines sold at Sears stores were defective were reinstated by the 7th Circuit Court of Appeals on Thursday after certification of the suits was vacated in June by the U.S. Supreme Court.
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Split COA reverses its original decision on rehearing

August 23, 2013
Marilyn Odendahl
Saying “plea agreements should be more artfully drafted,” a split Indiana Court of Appeals affirmed an award of restitution against a Daviess County man whose plea agreement was silent on the matter of restitution.
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‘The State is the State’ and they share the same fate, Supreme Court rules

August 23, 2013
Marilyn Odendahl
The Indiana Department of Correction’s motion to obligate a convicted sex offender to continue registering was blocked by the Indiana Supreme Court on the grounds that “the State is the State.”
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Mother may petition for college expenses for emancipated children

August 22, 2013
Marilyn Odendahl
Two amendments made by the Indiana General Assembly to the termination of child support and emancipation statute allow for a mother’s college support petition for two emancipated children to stand.
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Foreclosure affirmed on transferred mortgage

August 22, 2013
Dave Stafford
A couple who stopped making mortgage payments in 2007 and continued to live in their house failed to convince an appeals panel that a trial court erred in determining who holds the note and ruled the mortgage valid despite an allegedly defective acknowledgement.
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Open Door violation not worth $8K, COA rules

August 22, 2013
Marilyn Odendahl
A group of petitioners who prevailed on an Indiana Open Door Law violation will get reimbursed for attorney fees, but the amount will be reduced by nearly $5,000 after a trial court found the group was requesting money for work unrelated to the claim.
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Dissenting judge argues tenants can’t ask drunk, disorderly man outside door to leave

August 22, 2013
Dave Stafford
An argument that tenants of an apartment complex may not ask a drunk and threatening man to leave common areas convinced one judge, but the majority of an appeals panel found otherwise, warning that such a holding would “defy logic and lead to an absurd result.”
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Convicted Conour wants to keep fees, attorney says

August 21, 2013
IL Staff
Despite pleading guilty to wire fraud on government charges that he took more than $4.5 million from at least 25 clients, William Conour’s public defender argues the former attorney is entitled to some $2 million in legal fees on cases other attorneys worked.
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Mom loses bid to bar DCS child interviews after clean home check

August 21, 2013
Dave Stafford
A mother who challenged a court order granting the Department of Child Services’ petitions to interview her minor children lost her appeal Wednesday, despite her argument that a DCS inspection of her home and her screening found no evidence of drug abuse that had been alleged in a complaint.
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Threats of violence sufficient to order involuntary commitment

August 21, 2013
Marilyn Odendahl
Although an Indianapolis man never harmed another individual, his persistent threats of violence were sufficient to support his involuntary commitment to a mental health facility.
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Appeals panel affirms molester’s dissemination sentence, refines scope of ‘performance’

August 21, 2013
Dave Stafford
A man who molested children in his home lost his appeal on the argument that showing children pornographic images on a cellphone and exposing himself to them was not a public performance.
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Tinted-window stop yielding pot arrest by precedent-setting cop upheld

August 20, 2013
Dave Stafford
Indianapolis Metropolitan Police Department officer Keith Minch is on a roll in the appellate courts.
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Ex-prosecutor candidate’s bar resignation accepted

August 20, 2013
Dave Stafford
A southwest Indiana attorney and former Democratic candidate for Gibson County prosecutor has been allowed to resign from the bar, according to an order from the Indiana Supreme Court.
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Nuisance suits filed against Indianapolis apartments

August 20, 2013
Mason King, IBJ Staff
Indianapolis city officials have filed public nuisance charges against two west-side apartment complexes that allegedly have generated more than 3,200 police runs since 2008 for incidents such as assault, armed robbery and homicide.
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COA affirms probation violation for nonsupport, modifies amount due

August 20, 2013
Dave Stafford
A trial court properly revoked probation of a man sentenced for non-support of a dependent child, but the Indiana Court of Appeals ordered the lower court to revise the arrearage.
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Justices to hear case in which glove DNA led to conviction

August 19, 2013
Dave Stafford
The Indiana Supreme Court will hear a case in which DNA found on a glove was the sole evidence that led to the conviction of a man on a burglary charge in St. Joseph County.
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In adoption case with no winners, SC offers suggestions to avoid similar situations

August 19, 2013
Marilyn Odendahl
In reversing the adoption that could remove fraternal twins from the only family they have ever known, the Indiana Supreme Court noted the situation might have been avoided if more than “just the bare minimum” had been done.
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Foreclosure stands against ‘Redemptionist’ claims, appeals panel rules

August 19, 2013
Dave Stafford
A pro se litigant who fought a mortgage foreclosure by attempting to pay a bank with drafts from his purported account at the United States Treasury has no basis to reverse summary judgment in favor of the lender, the Court of Appeals ruled Monday.
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ACLU alleges IMPD officers infringed panhandlers’ free-speech rights

August 19, 2013
Dave Stafford
The ACLU of Indiana has filed a federal lawsuit claiming the city and Indianapolis Metropolitan Police Department officers violated the free speech rights of indigent panhandlers ordered to move from near Circle Center Mall last week.
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Zoeller announces launch of prescription-abuse website

August 16, 2013
IL Staff
Calling attention to the rising number of overdose deaths in Indiana, Attorney General Greg Zoeller announced a new website meant to help inform people about the risks and warnings signs of prescription drug abuse.
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State courts post expungement forms online

August 16, 2013
IL Staff
The Indiana Division of State Court Administration has posted more than a dozen sample forms to petition for reduction or elimination of criminal records provided under Indiana’s new expungement statute.
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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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