Legal News

Gary mayor issues call to action for attorneys

September 11, 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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Business agreements provide roadmap for changes in family-run enterprises

September 11, 2013
Marilyn Odendahl
Integrate family into small business ownership and the potential for rivalry, high emotions and different agendas increases, especially as the business is passed from one generation to the next. The dispute rocking the Holiday World & Splashin’ Safari theme park in southwest Indiana shows what can happen when a family fights over a business but, attorneys say, it is an extreme and uncommon situation. Usually members of a family or multiple shareholders in a closely held company work through their dispute outside the courtroom.
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Start Page: Not so wonderful wireless comes with hitches

September 11, 2013
Kim Brand
The last personal computer you bought probably wasn’t a PC. It was a ‘mobile’ device – a tablet or laptop or smartphone. The common denominator of these devices is their dependence on wireless connectivity to your local area network and/or the Internet. The ‘jack’ is gone.
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Hammerle Reviews: 'The Butler' and 'In a World...'

September 11, 2013
Robert Hammerle
Read attorney Bob Hammerle's movie reviews of  "Lee Daniels' The Butler" and "In a World..."
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Diversity in legal community growing, but pace too slow

September 11, 2013
Marilyn Odendahl
When small-firm founder Nathaniel Lee was admitted to the Indiana bar in 1982, only four African-American attorneys were working at large law firms in the state. Thirty years later when Rubin Pusha was admitted to practice in 2012, diversity had improved with the number of minority lawyers increasing at large and small firms alike. Others cleared the trail for Pusha but, as he looks around, he is still one of too few minority attorneys.
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Indy Bar: IBF Distinguished Fellows: Helping Hands in the Indianapolis Community

September 11, 2013
Support of the Indianapolis Bar Foundation not only gives members of the legal community an opportunity to give back to Foundation-funded programs and grants—it also connects donors to local community organizations that depend on the active involvement of volunteers.
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Blomquist: Supporting our Legal Community Through Good Times and Bad

September 11, 2013
At the July meeting of the IndyBar Board of Directors, the board approved both the description and the structure of the IndyBar HEAL Committee. If you don’t know it yet, the HEAL Committee stands for “Helping to Enrich Attorneys Lives” and its mission is clear: to assist Indianapolis area legal professionals in times of personal or professional crisis. Under the leadership of Rusty Denton of Bingham Greenebaum Doll LLP, the HEAL Committee has defined its program and laid out its plan to offer assistance to legal professionals at their time of need.
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7th Circuit: Recording of drug deal doesn’t taint conviction

September 10, 2013
Dave Stafford
A taped conversation between a suspected heroin dealer and a confidential informant in which a sentence was admitted into evidence was not fruit of the poison tree dooming a conviction that was supported by plenty of other evidence, the U.S. 7th Circuit Court of Appeals ruled Tuesday.
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Old expungement law turns good luck to bad

September 10, 2013
Marilyn Odendahl
A man’s good luck at never being charged with a crime despite four arrests turned bad when he tried to get his record expunged.
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Lake County judge strikes down provision in Indiana’s right-to-work law

September 10, 2013
Marilyn Odendahl
In a ruling that never used the popular term “right-to-work,” Lake Superior Court Judge John Sedia found a provision in Indiana’s 2012 labor law violated the state constitution’s ban on demanding services without just compensation.
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Molester’s imprisonment alone insufficient to bar contact with son

September 10, 2013
Dave Stafford
Serving 50 years in prison for conviction of eight counts of Class A felony child molesting, a count of Class C felony child molesting and Class C felony criminal confinement is insufficient by itself for a court to rule an incarcerated father may not have phone or mail contact with his child, a panel of the Indiana Court of Appeals ruled Tuesday.
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Man extradited from Wyoming on many charges not denied speedy trial

September 10, 2013
Dave Stafford
A man who twice escaped incarceration in Indiana and was extradited to face a multitude of charges after he was convicted in Wyoming failed to convince appellate judges he had been denied a speedy trial.
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Vigo court too hasty in tossing killer’s pro se PCR petition, panel rules

September 10, 2013
Dave Stafford
A man convicted of murder who represented himself in his post-conviction relief proceeding was wrongly denied a chance to plead his case, a panel of the Indiana Court of Appeals ruled Tuesday. The court reversed an order by Vigo Superior Judge Christopher Newton summarily denying the petition.
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Justices to take up partial consecutive sentence case

September 10, 2013
Dave Stafford
Whether state law allows a criminal defendant to receive a partial consecutive sentence may be determined by the Indiana Supreme Court, which agreed to hear a case successfully argued by a pro se litigant to the Indiana Court of Appeals.
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AG seeks to reinstate misconduct charges against former IURC chief

September 9, 2013
IL Staff
The former head of the Indiana Utility Regulatory Commission could again face criminal charges in connection with his alleged actions surrounding Duke Energy’s Edwardsport power plant in 2010.
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Volokh to argue in Brewington before justices, partake in McKinney moot court

September 9, 2013
Dave Stafford
One of the National Law Journal’s 100 Most Influential Lawyers in America will be before the Indiana Supreme Court this week to argue on behalf of a blogger convicted and sentenced for intimidating a Dearborn County judge who revoked the man’s joint custody of his children.
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7th Circuit cautions bare-bones recitation of Rule 403 insufficient

September 9, 2013
Marilyn Odendahl
A District Court’s failure to review evidence and provide a considered analysis for admitting that evidence drew an admonishment – but no reversal - from the 7th Circuit Court of Appeals.
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Fake ID using own name not aggravated ID theft, 7th Circuit rules

September 9, 2013
Marilyn Odendahl
An Indiana man who supplied a fake identification that used the recipient’s real name may not be subjected to the federal aggravated identity theft statute, the 7th Circuit Court of Appeals ruled Friday in a unanimous en banc decision.
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Judges to use discretion – not checklists – when imposing sentences, 7th Circuit rules

September 6, 2013
Marilyn Odendahl

A defendant’s contention that the District Court should have considered all the mitigating factors during his sentencing was characterized by the U.S. 7th Circuit Court of Appeals as turning sentencing discussions into “checklist exercises.”

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7th Circuit reinstates mechanics’ claims of faulty trailer-support design

September 6, 2013
Dave Stafford
Complaints for damages from two mechanics that were injured by a semi trailer they were working on were partially reinstated Friday by the 7th Circuit Court of Appeals.
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Justices: Judge facing suspension may respond

September 6, 2013
Dave Stafford
A Marion Superior judge facing suspension and a 45-count disciplinary complaint has until Wednesday to respond to the suspension request, the Indiana Supreme Court said in an order issued Friday.
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‘Appeals on Wheels’ takes teacher license suspension case to Franklin

September 6, 2013
IL Staff
Franklin College will host a traveling Court of Appeals oral argument Sept. 17 in which a teacher appeals the suspension of her license by a Department of Education administrative law judge.
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Man who alarmed police near Lauren Spierer site appeals gun seizure

September 6, 2013
Dave Stafford
A man whose 51 guns were ordered seized by a judge who determined him dangerous after his behavior alarmed Bloomington police near the site where missing Indiana University student Lauren Spierer was last seen is asking the Indiana Supreme Court to return his firearms.
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Justices weigh contract dispute in $2.7 billion Rockport coal-to-gas plan

September 5, 2013
Dave Stafford
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Thursday.
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Second expungement forum to include private consultations with attorneys

September 5, 2013
IL Staff
A second public forum on Indiana’s new expungement law will include a panel discussion as well as free consultations with attorneys.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. 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

  4. 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.

  5. 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.

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