Legal News

Federal budget cuts lead to uncertainty for state's student civic programs

April 15, 2011
Jenny Montgomery
Chuck Dunlap, executive director of the Indiana Bar Foundation, says federal budget cuts mean the IBF’s Civic Education Program will have no federal funding as of September.
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Allen Superior Court seeks magistrate judge

April 15, 2011
IL Staff
The Allen Superior Court Criminal Division is accepting applications for the magistrate judge position that will open up after Magistrate Judge Robert J. Schmoll retires. Magistrate Schmoll was appointed to the bench in January 1995.
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House committee passes altered immigration bill

April 15, 2011
IL Staff
The Indiana House Public Policy Committee has passed Senate Bill 590, a contentious piece of legislation that aims to tackle illegal immigration in the state.
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Appellate judges to go to Rochester, Upland for arguments

April 15, 2011
IL Staff
On Tuesday, two panels of Indiana Court of Appeals judges will travel north to hear arguments.
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Dining event to aid pro bono clinic

April 14, 2011
IL Staff
On April 20, the Columbus Applebee’s restaurant will donate 15 percent of sales to Legal Aid District Eleven, which serves Bartholomew, Brown, Decatur, Jackson, and Jennings counties.
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Court splits on standard used to modify custody

April 14, 2011
Jennifer Nelson
Even though the trial court departed from established statutory procedures by using the “best interests” standard to modify physical custody, the majority of Indiana Court of Appeals judges affirmed the lower court’s decision.
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Judges discuss fundamental error, ineffective trial counsel assistance

April 14, 2011
Jennifer Nelson
Fundamental error and prejudice for ineffective assistance of trial counsel present two substantively different questions, the Indiana Court of Appeals concluded Thursday in a post-conviction case.
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Suspended attorney pleads guilty to theft

April 13, 2011
Michael Hoskins
A suspended attorney has pleaded guilty to stealing $283,000 from his clients during dozens of transactions.
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COA: Attorney entitled to lien on former client's file

April 13, 2011
Jennifer Nelson
An attorney doesn’t have to produce documentation of the amount of money a former client owes in order to have a valid retaining lien, ruled the Indiana Court of Appeals.
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Judges affirm retroactive application of amendments to blood draw statute

April 13, 2011
Jennifer Nelson
Applying 2010 statutory amendments governing chemical tests for evidence of intoxication to a case of a man charged in 2009 with driving while intoxicated didn’t violate the prohibitions against ex post facto criminal sanctions, the Indiana Court of Appeals held Wednesday.
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Judges to hear sex-offender registration appeal in Franklin

April 13, 2011
IL Staff
A panel of judges from the Indiana Court of Appeals travels to Franklin Friday to hear arguments in the interlocutory appeal of a man who’s charged with not registering as a sex offender.
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Attorneys discuss pros and cons of practicing in 2 states

April 13, 2011
Rebecca Berfanger, Jenny Montgomery
Attorneys in Indiana know that they must meet certain ongoing requirements to maintain their law licenses: CLE hours, and staying abreast of procedural changes. Why, then, would anyone want to be licensed in two states?
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Lawmakers resume debate on issues impacting state courts

April 13, 2011
Michael Hoskins
Both federal and state lawmakers seem to be letting the clock tick down to the final seconds.
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Evansville Bar Association to celebrate 100th anniversary

April 13, 2011
Jenny Montgomery
The two-day celebration kicks off April 28 and will include a mock trial with area high school students.
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New advertising rules irk some lawyers

April 13, 2011
Michael Hoskins
Bloomington attorney Ken Nunn says he hasn’t been hurt by new attorney advertising rules put in place at the start of the year, but he’s hearing more disturbing stories from people who are feeling the effects.
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Comment time extended on state court rules

April 13, 2011
Michael Hoskins
The Hoosier legal community has more time to offer comment on a multitude of state court rules that are being examined for potential revision.
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Indiana courts take backseat on camera study

April 13, 2011
Michael Hoskins
As yet another study concerning cameras in the courtroom is about to begin, Indiana doesn’t appear to be anywhere closer to allowing cameras in its state or federal trial-level courtrooms.
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Justice-turned-mediator: ADR does work

April 13, 2011
Michael Hoskins
When he was on the bench, former Indiana Supreme Court Justice Ted Boehm read a lot about alternative dispute resolution, and now that he's off the bench, he can see firsthand that it truly does work.
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Mediation firm champions comfort

April 13, 2011
Jenny Montgomery
The Mediation Option's attorneys say the laid-back atmosphere in the office distinguishes them from other mediators in Indiana.
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Valpo law students help New Orleans defenders

April 13, 2011
Jenny Montgomery
Students from Valparaiso University School of Law worked with public defenders in New Orleans during their spring break.
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Judges disagree on whether landowners are 'aggrieved'

April 12, 2011
Michael Hoskins
Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
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Court addresses forgery statute on electronic credit card purchases

April 12, 2011
Michael Hoskins
Using someone else’s credit card and electronically signing that person’s name is considered “uttering” a written instrument under Indiana’s forgery statute, the state’s appellate court has ruled.
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Group to assess Indiana's civic engagement

April 12, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard and former Congressman Lee Hamilton are teaming up with the Indiana Bar Foundation and the National Conference on Citizenship to commission the analysis of civic engagement in Indiana.
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Kimbrough Bar Association to honor state's African-American judges

April 12, 2011
IL Staff
The James C. Kimbrough Bar Association will salute Indiana’s African-American members of the judiciary on April 21.
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State responsible for costs in relocating Medicaid patients

April 11, 2011
Jennifer Nelson
Indiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana Court of Appeals ruled Monday.
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  1. The $320,000 is the amount the school spent in litigating two lawsuits: One to release the report involving John Trimble (as noted in the story above) and one defending the discrimination lawsuit. The story above does not mention the amount spent to defend the discrimination suit, that's why the numbers don't match. Thanks for reading.

  2. $160k? Yesterday the figure was $320k. Which is it Indiana Lawyer. And even more interesting, which well connected law firm got the (I am guessing) $320k, six time was the fired chancellor received. LOL. (From yesterday's story, which I guess we were expected to forget overnight ... "According to records obtained by the Journal & Courier, Purdue spent $161,812, beginning in July 2012, in a state open records lawsuit and $168,312, beginning in April 2013, for defense in a federal lawsuit. Much of those fees were spent battling court orders to release an independent investigation by attorney John Trimble that found Purdue could have handled the forced retirement better")

  3. The numbers are harsh; 66 - 24 in the House, 40 - 10 in the Senate. And it is an idea pushed by the Democrats. Dead end? Ummm not necessarily. Just need to go big rather than go home. Nuclear option. Give it to the federal courts, the federal courts will ram this down our throats. Like that other invented right of the modern age, feticide. Rights too precious to be held up by 2000 years of civilization hang in the balance. Onward!

  4. I'm currently seeing someone who has a charge of child pornography possession, he didn't know he had it because it was attached to a music video file he downloaded when he was 19/20 yrs old and fought it for years until he couldn't handle it and plead guilty of possession. He's been convicted in Illinois and now lives in Indiana. Wouldn't it be better to give them a chance to prove to the community and their families that they pose no threat? He's so young and now because he was being a kid and downloaded music at a younger age, he has to pay for it the rest of his life? It's unfair, he can't live a normal life, and has to live in fear of what people can say and do to him because of something that happened 10 years ago? No one deserves that, and no one deserves to be labeled for one mistake, he got labeled even though there was no intent to obtain and use the said content. It makes me so sad to see someone I love go through this and it makes me holds me back a lot because I don't know how people around me will accept him...second chances should be given to those under the age of 21 at least so they can be given a chance to live a normal life as a productive member of society.

  5. It's just an ill considered remark. The Sup Ct is inherently political, as it is a core part of government, and Marbury V Madison guaranteed that it would become ever more so Supremely thus. So her remark is meaningless and she just should have not made it.... what she could have said is that Congress is a bunch of lazys and cowards who wont do their jobs so the hard work of making laws clear, oftentimes stops with the Sups sorting things out that could have been resolved by more competent legislation. That would have been a more worthwhile remark and maybe would have had some relevance to what voters do, since voters cant affect who gets appointed to the supremely un-democratic art III courts.

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