Legal News

Justices to decide if man should face charge for sending teen explicit photo

June 14, 2017
Olivia Covington
There are two, possibly conflicting, statutes at play in a case now under consideration by the Indiana Supreme Court in a case involving an explicit photo sent to a teen – one that sets the age of consent for sexual activity at 16 years old, and one that prohibits the dissemination of matter “harmful to minors” to any minor under the age of 18.
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Congressional Democrats sue Trump over foreign payments

June 14, 2017
 Associated Press
Democratic lawmakers are suing President Donald Trump over foreign money flowing into his global business empire.
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Leading the way at ITLA

June 14, 2017
Dave Stafford
New Indiana Trial Lawyers Association President Dan Chamberlain recently answered some questions about himself and his plans for his year as president, which began in May with a passing of the gavel from Past President John Young.
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Women, young attorneys raise their profiles in ITLA

June 14, 2017
Dave Stafford
Caucus leaders say serving the community is a vital role for trial lawyers.
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State’s $25 million payout in DCS abuses case is the largest ever of its kind

June 14, 2017
Dave Stafford
The Indiana attorney general and Department of Child Services’ decision to settle a lawsuit brought by a wrongly prosecuted family yielded the largest payment of its type in state history.
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Experts say Court of Appeals ruling leaves death penalty in limbo

June 14, 2017
Dave Stafford
Legal experts from Indiana’s law schools said the decision casts uncertainty on the death penalty going forward, though they said by no means is the court’s ruling a moratorium on future executions.
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Indiana joins ABA’s portal offering free legal advice

June 14, 2017
Marilyn Odendahl
In recent months, the Indiana resource transitioned from being a stand-alone website that the Indiana Bar Foundation operated to becoming a part of the American Bar Association’s online portal, ABAFreeLegalAnswers.org. Currently, the bar foundation is reintroducing the website — indiana.freelegalanswers.org — to attorneys around the state.
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ABA president touts resources for Indiana solo, small firms

June 14, 2017
Olivia Covington
President Linda Klein also encouraged advocacy for legal aide services while at the Indiana State Bar Association Solo and Small Firm Conference.
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Attorneys encouraged to practice ‘active relaxation’ outside work

June 14, 2017
Olivia Covington
After a long day of briefs, arguments and client meetings, attorneys might be tempted to go home and relax on the couch. But according to mental health experts, spending evenings in front of the television might not be that relaxing for those who want to fully escape the pressures of work.
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Indiana mother who killed 2 children faces new murder charge

June 13, 2017
 Associated Press
An Indiana woman who admitted to fatally smothering her two children was charged Tuesday in the death of a former neighbor.
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COA reaffirms legal malpractice suit may proceed

June 13, 2017
Olivia Covington
After granting rehearing to clarify the difference between the instant legal malpractice case and previous malpractice caselaw, the Indiana Court of Appeals on Tuesday reaffirmed its previous decision to deny summary judgment to a northern Indiana law firm.
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COA rules against contractor hurt on IU jobsite

June 13, 2017
Olivia Covington
A construction manager and product manufacturer did not have a duty to a construction contractor injured on an Indiana University jobsite in October 2012, the Indiana Court of Appeals ruled Tuesday.
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Court affirms division of marital estate in divorce

June 13, 2017
Dave Stafford
A trial court’s division of a marital estate that was challenged by both the husband and wife was affirmed Tuesday by the Indiana Court of Appeals.
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Desire for second boat lift not enough to override prior orders

June 13, 2017
Marilyn Odendahl
The Indiana Court of Appeals swatted away an appeal of a dispute between pier owners, finding previous trial court orders resulting from more than 26 years of litigation over access to a lake clearly stated when a pier’s location can be changed.
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Conviction upheld for man who berated ex after protective order

June 13, 2017
Dave Stafford
A man who called his ex and offered a “one time only deal” regarding parenting time with their son after the woman obtained a protective order failed to convince judges on appeal that his invasion of privacy conviction should be reversed.
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COA again rejects Evansville’s gun-in-park suit appeal

June 13, 2017
Dave Stafford
A man who sued the city of Evansville after he was forced to leave a park after police spotted him carrying a firearm may proceed with a lawsuit seeking damages and treble attorney fees under a statute that bars municipalities from regulating firearms.
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Judge: Krieg DeVault owes ex-partners who sued over compensation

June 13, 2017
Dave Stafford
A major Indianapolis law firm must pay three departed partners who sued, a judge has ruled, but it will be up to a judge or jury to determine whether paying the former employees would create a “substantial and material adverse effect” for the law firm partnership, as it has claimed in the case.
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7th Circuit: Plain-view doctrine controls appeal of motion to suppress

June 13, 2017
Olivia Covington
An Indiana district court did not err in denying a convicted felon’s motion to suppress after three guns were found in his home during a search for electronic devices because the guns were found under the plain-view doctrine, the 7th Circuit Court of Appeals ruled Tuesday.
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McKinney grad named to rural affairs USDA post

June 13, 2017
 Associated Press
An Indiana native and graduate of Indiana University Robert H. McKinney School of Law has been named to a U.S. Department of Agriculture post overseeing rural issues. U.S. Secretary of Agriculture Sonny Perdue announced Monday that Anne Hazlett will lead the USDA's rural development agencies.
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Judge to hear challenge to new Indiana abortion restrictions

June 13, 2017
 Associated Press
A federal judge is set to hear arguments in a lawsuit seeking to block a new Indiana law that makes it tougher for girls under age 18 to get an abortion without their parents’ knowledge. Planned Parenthood of Indiana and Kentucky say portions of the new law are unconstitutional.
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Holcomb praises justice pick's 'sharp legal mind'

June 12, 2017
Olivia Covington
A rural Indiana judge with more than a decade of experience on a trial court bench has been selected as Indiana’s 110th Supreme Court justice.
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Tax sale purchasers lose as COA tangles over statutory interpretation

June 12, 2017
Marilyn Odendahl
Likening people who buy property at tax sales to gamblers, an Indiana Court of Appeals panel split over how much due diligence the tax sale statute requires of purchasers but still found the buyers of a cell tower property in Bloomington did not do enough.
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Gorsuch has unanimous first opinion for Supreme Court

June 12, 2017
 Associated Press
Justice Neil Gorsuch's first Supreme Court opinion Monday stayed true to what Gorsuch promised in his nomination hearing and to the reputation for good writing he developed as an appellate judge.
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Justices strike down gender differences in citizenship law

June 12, 2017
 Associated Press
The Supreme Court of the United States on Monday struck down part of an unusual law that treats fathers and mothers differently when it comes to conferring citizenship on children born outside the U.S.
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High court ruling speeds up generic biotech drug approval

June 12, 2017
 Associated Press
A unanimous United States Supreme Court is speeding up the time for generic biotech drugs to become available to the public in a ruling that means a loss of billions in sales to the makers of original versions.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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