Legal News

Daily News 8/24/13

August 28, 2013
IL Staff
The IL Daily delivers legal news to your email inbox. In case you missed it, following is a recap of some of the stories reported online since the last issue of Indiana Lawyer. Subscribe to IL Daily to receive this news as it happens.
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Expired time limit does not prevent estoppel argument, Supreme Court rules

August 27, 2013
Marilyn Odendahl
Citing the reasoning in a dissenting opinion, the Indiana Supreme Court has ruled an injured driver can present his argument of why he should be allowed to file a lawsuit against a government entity even though the time limit has expired.
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Old expungement law applies to dropped charges in plea deal, COA rules

August 27, 2013
Dave Stafford
A man who sought to expunge arrest records for charges that were dismissed in a 2011 plea agreement was denied at the trial court but convinced the Indiana Court of Appeals that access to those records should be restricted.
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Appeals court reverses, finds judgment on pleadings for insurer

August 27, 2013
Dave Stafford
An Orange Circuit Court judge erred when he failed to approve an insurer’s motion for judgment on the pleadings, and the Court of Appeals on Tuesday ordered the case remanded and such a ruling entered.
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State courts post job openings

August 27, 2013
IL Staff
The Indiana Supreme Court Division of Administration on Tuesday posted two job openings.
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Marion Superior judge faces 45 judicial misconduct counts

August 26, 2013
Dave Stafford
Marion Superior criminal court Judge Kimberly Brown faces possible suspension and discipline from the Judicial Qualifications Commission on 45 counts of misconduct.
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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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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. 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.

  4. 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?

  5. 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

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