Legal News

Self-defense claim of man who killed 2 fails on appeal

April 19, 2013
Dave Stafford
An Indianapolis man’s claim that the state failed to disprove his claim of self defense did not persuade the Indiana Court of Appeals to revisit his two murder convictions and sentence of 115 years in prison.
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Appeals court overturns suppression of evidence gathered in search

April 19, 2013
Dave Stafford
A special judge in Orange Circuit Court erred in suppressing evidence obtained during the execution of a search warrant that led to a man’s arrest on Class D felony charges of possession of marijuana, the Indiana Court of Appeals ruled Friday.
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Boone County courthouse closed due to flood, state of emergency

April 19, 2013
IL Staff
The Boone County courthouse was closed Friday as the county was under a state of emergency due to flooding. A representative of the sheriff’s office said the courthouse in Lebanon was expected to reopen Monday, though no determination had been made early Friday.
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New Conour asset check ordered in bond revocation bid

April 18, 2013
Dave Stafford
Former attorney William Conour stayed out of custody in his federal wire fraud case Thursday, but the judge withheld a ruling on a government bid to revoke bond until investigators can take a fresh look at Conour’s assets the FBI inventoried last year.
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7th Circuit declines to overturn ruling on excessive force

April 18, 2013
Jennifer Nelson
A man who entered a conditional plea on drug charges couldn’t convince the 7th Circuit Court of Appeals Thursday that it should overturn a ruling that the use of excessive force during an arrest is not a basis for suppressing evidence.
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Mother, wife could consent to search of home for meth

April 18, 2013
Jennifer Nelson
A man convicted of making methamphetamine objected to his conviction, arguing that his mother, who he claims has Alzheimer’s disease, and his wife did not have the authority to allow police to search his home on the report he was making the drug.
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Court orders more proceedings on laborer’s pay

April 18, 2013
Jennifer Nelson
The Boone Superior Court will need to take another look at a man’s lawsuit against R.L. Turner Corporation that claimed he was underpaid by the company for labor he provided on two public works projects, the Indiana Court of Appeals ruled Thursday.
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COA reduces $125k judgment against company to $200 in fines

April 18, 2013
Jennifer Nelson
Finding that a liability administrative law judge erred in determining that a company that previously operated a call center in Fishers owed more than $125,000 in unemployment insurance contributions, interest and penalties for a year when the company had no Indiana employees, the Indiana Court of Appeals reversed.
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Justices suspend Bloomington attorney who arranged drug buy

April 18, 2013
IL Staff
Bloomington attorney David Schalk, who arranged a drug buy in 2007 in an attempt to impeach a witness’s credibility at trial, has been suspended for at least nine months by the Indiana Supreme Court.
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Attorneys collect $55k, 10k pounds of food in competition

April 18, 2013
IL Staff
The March Against Hunger food drive competition among legal organizations in Indiana and Kentucky has raised the equivalent of 143 tons of food, the Office of the Indiana Attorney General announced Wednesday.
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House moves several bills to governor

April 17, 2013
IL Staff
The Indiana House of Representatives passed several bills on concurrence Tuesday, including legislation on trust administration, magistrates and adoption history information.
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Comparative law scholars to present work at IU McKinney

April 17, 2013
IL Staff
Nearly 100 comparative law scholars will present their scholarship at Indiana University Robert H. McKinney School of Law Thursday and Friday at the second annual Younger Comparativists Committee Conference.
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Indiana justices hit the road to hear hazing arguments

April 17, 2013
IL Staff
The Indiana Supreme Court will travel to Indiana University East in Richmond next week to hear arguments in a hazing lawsuit involving Wabash College.
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GE did not discriminate against employee

April 16, 2013
Jennifer Nelson
A longtime employee at the Bloomington General Electric Co. plant could not prove to the 7th Circuit Court of Appeals that the company discriminated against her because of a disability and retaliated against her when she filed a complaint with the Equal Employment Opportunity Commission.
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Constitutional Convention bills return to Senate

April 16, 2013
IL Staff
The Indiana House of Representatives approved Senate Bills 224 and 225 introduced by Senate President Pro Tem David Long outlining details of the state’s call for a Constitutional Convention. The legislation returns to the Senate with some changes.
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Judges affirm AUL Insurance owed no fiduciary duty to 401(k) plan

April 16, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has ruled in favor of an insurance company on a 401(k) plan trustee’s lawsuit that the insurance company's revenue-sharing practices breached a fiduciary duty under the Employment Retirement Income Security Act of 1974.
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7th Circuit affirms men’s drug convictions

April 16, 2013
Jennifer Nelson
In a consolidated appeal brought by two men convicted on charges stemming from a heroin conspiracy, the 7th Circuit Court of Appeals affirmed their convictions. Ronald Zitt, who went to trial, argued he was entitled to a mistrial. Joshua Wampler pleaded guilty but argued he should be allowed to appeal.
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Trial court needs to take another look at alibi defense

April 16, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a man’s petition for habeas corpus and ordered the District Court to take another look at the defense counsel’s alibi defense investigation.
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Judge: Undeveloped land can be assessed as agricultural

April 15, 2013
Jennifer Nelson
The Indiana Tax Court Friday upheld a final determination by the Indiana Board of Tax Review to assess farm land as agricultural that was purchased by a developer but remained undeveloped for years.
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Judges affirm restitution order, sentence following deadly crash

April 15, 2013
Jennifer Nelson
A man who was speeding and under the influence of alcohol when his car struck another, killing the driver and severely injuring the passenger, will have to make restitution to the victims, the Indiana Court of Appeals ruled.
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Man found guilty again in South Bend murder

April 15, 2013
Jennifer Nelson
A St. Joseph County man who was convicted of killing his girlfriend – but later had the conviction overturned by the Indiana Supreme Court – was found guilty again April 12 of murder.
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Court reverses hotel’s cybersquatting conviction

April 15, 2013
Jennifer Nelson
A dispute over who could use the designation “Visit Michigan City LaPorte” led to a legal battle between LaPorte County’s visitors bureau and an area hotel-resort, with the trial court ruling in favor of the visitors bureau. But the Indiana Court of Appeals reversed Monday, ruling the bureau didn’t prove it held a valid and protectable trademark.
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Police Merit Commission may discipline former assistant chief

April 12, 2013
Jennifer Nelson
A former assistant police chief of the City of Greenwood who was demoted to lieutenant may be disciplined by the city’s Police Merit Commission, the Indiana Court of Appeals ruled Friday. The officer argued that based on ordinances and codes, only the mayor could discipline police chiefs or assistant chiefs.
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Indianapolis Bankruptcy Division eliminates informal ADR mandate

April 12, 2013
IL Staff
Southern District Bankruptcy Chief Judge James K. Coachys has signed an order that terminates a previous order requiring alternative dispute resolution related to Chapter 13 trustee motions to dismiss in the Indianapolis Division.
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Workers’ comp, JTAC bills pass full Senate

April 11, 2013
Jennifer Nelson
Legislation out of the House of Representatives reconfiguring workers’ compensation in Indiana passed the Senate Wednesday and goes back to the House with some changes.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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