Legal News

Trial court properly retained 1 juror, dismissed other

November 21, 2012
Jennifer Nelson
A defendant who argued that a Marion Superior Court should have dismissed a juror after she stood near the defendant and his attorney briefly during a recess, but should not have replaced the juror who claimed she wasn’t comfortable rendering a decision, lost before the Court of Appeals Wednesday.
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Deadline to apply for SCOTUS Fellows program Nov. 30

November 21, 2012
IL Staff
If you’re interested in learning more about the federal judiciary first hand, consider applying for the Supreme Court of the United States Fellows Program. Fellows gain insight into the policy issues facing the judiciary as well as learn more about administrative functions.
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Pilot project to use transcript-preparing companies, cut filing time

November 21, 2012
Dave Stafford
Two companies will be hired to transcribe court records on an expedited schedule in a pilot program in selected courts, according to a Supreme Court order.
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NCAA's point man

November 21, 2012
Dave Stafford
The NCAA faces an array of litigation from current and former players, much of which posits antitrust allegations.
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American Bar Association gains from Indiana leadership

November 21, 2012
Marilyn Odendahl
Valparaiso University Law School student follows a Hoosier tradition of involvement with the bar association.
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Indiana sex offender parole conditions at issue

November 21, 2012
Dave Stafford
Indiana appellate judges are grappling with sensitive questions about whether the state’s automatic and uniform parole conditions for sex offenders are constitutional.
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E-state planning

November 21, 2012
Dave Stafford
Will your Facebook account, online presence and virtual world live on after you? The rise of social media and proliferation of online accounts are posing such real-life questions for lawyers who concentrate in estate planning. But it remains an evolving question how wills, trusts and power of attorney grants will address these and other staples of the Internet age.
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Estate lawyers' duty of responsibility clarified in proposed legislation

November 21, 2012
Marilyn Odendahl
Estate attorneys are hoping the Indiana General Assembly will provide a remedy after a ruling by the Indiana Court of Appeals muddied the waters concerning the scope and duties of a lawyer working on behalf of an estate’s personal representative.
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Out of the courtroom, into the kitchen

November 21, 2012
Marilyn Odendahl
Attorneys spend their leisure time indulging in their love of cooking.
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Order compelling Star to name online commenter stayed after arguments

November 20, 2012
Dave Stafford
The Indianapolis Star won’t have to divulge the identity of an online commenter pending further order of the Indiana Court of Appeals, which heard arguments in a defamation case on Tuesday.
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Initiative to provide legal assistance for homeless veterans looking for additional help

November 20, 2012
Marilyn Odendahl
Continuing its effort to secure on-going legal services for homeless veterans in Indianapolis, the Hoosier Veterans Assistance Foundation of Indiana is seeking the assistance of a consultant.
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Budget session will not prevent state senators from working to improve DCS

November 20, 2012
IL Staff
The Indiana Department of Child Services will be part of the legislative agenda during the Indiana General Assembly’s 2013 session. 
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COA finds trial court’s error in sentencing was harmless

November 20, 2012
Marilyn Odendahl
A trial court’s error in considering an arrest record as evidence of criminal history was harmless, the Indiana Court of Appeals ruled, because the aggravators and mitigators would have led the lower court to impose the same sentence.
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Man loses appeal of suit against sheriff, jail medical staff

November 20, 2012
Jennifer Nelson
A man who was held in Delaware County jail for nine days before he was released because no charges were filed sued the county sheriff and jail medical staff alleging indifference to his serious medical condition. The 7th Circuit Court of Appeals upheld the grant of summary judgment in favor of the defendants.
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Appellate panel affirms foreclosure, cites lack of meritorious defense

November 20, 2012
Dave Stafford
An Allen County plaintiff whose home was foreclosed lost her appeal Tuesday when a panel of the Indiana Court of Appeals held that she had not demonstrated a meritorious defense.
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Former officer’s convictions of bribery, attempted extortion affirmed

November 20, 2012
Jennifer Nelson
The sentence of the Indianapolis Metropolitan Police Department major and city-county counselor convicted last year for attempted extortion and bribery for his role in trying to get zoning approval for a proposed strip club has been upheld by the 7th Circuit Court of Appeals. Lincoln Plowman claimed that he should have been allowed to argue entrapment to the jury, which the District Court precluded.
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COA reverses order requiring victim to pay attorney fees

November 20, 2012
Dave Stafford
A man who claims he was struck by a vodka bottle that resulted in 18 stitches won’t have to pay attorney fees to a woman against whom he had been awarded a protective order, the Court of Appeals ruled Tuesday, reversing a lower court order.
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Governor names Pyle’s trial court replacement

November 20, 2012
IL Staff
Gov. Mitch Daniels has appointed Angela Warner Sims as judge of Madison Circuit Court. She succeeds Judge Rudolph Pyle III, who was appointed in August to the Indiana Court of Appeals.
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State Senate creates new committee to study civil law

November 19, 2012
IL Staff
The Indiana Senate has added a new committee to its roster to examine non-criminal legal issues.
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Town court judge admonished for traffic case involvement

November 19, 2012
IL Staff
A northeastern Indiana town court judge was given a public admonishment Monday by the Commission on Judicial Qualifications for her direct individual involvement with parties involved in a 2008 traffic infraction case.
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Appeals court to hear Star appeal on identifying online commenter

November 19, 2012
Dave Stafford
The Indiana Court of Appeals has blocked a court order requiring The Indianapolis Star to disclose the name of an online commenter and will hear further arguments on the matter Tuesday morning.
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Trial that OK’d Jasper energy plant conversion error-filled

November 19, 2012
Dave Stafford
A judge who ruled against opponents of the conversion of a former coal-fired energy plant in Jasper abused her discretion on a series of matters, the Indiana Court of Appeals held Monday in reversing a bench trial that found for the city.
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Legislature intended to make failure to report child abuse a continuing offense

November 16, 2012
Marilyn Odendahl
A high school coach’s failure to report child abuse is a continuing offense to which the statute of limitations does not apply, the Indiana Court of Appeals ruled.
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COA finds trust that bought foreclosed home gained insurance equity

November 16, 2012
Dave Stafford
An estate that purchased a foreclosed house at a sheriff’s sale established an equitable lien through which it was entitled to collect proceeds in the event of an insured loss, the Indiana Court of Appeals ruled Friday.
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Kohl’s loses appeal vs. developer, county over Evansville store

November 16, 2012
Dave Stafford
A department store chain failed to persuade the Indiana Court of Appeals to reverse a trial court’s dismissal of a lawsuit it filed against a developer and two public Vanderburgh County entities.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. 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.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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