Legal News

Justices agree to rewrite footnote conflicting with opinion

March 26, 2015
Dave Stafford
The Indiana Supreme Court agreed to rewrite a footnote that was at least confusing if not in conflict with its opinion in a case reviewing an action of the Department of Insurance.
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Wrongful detention complaints grow against Marion County Jail

March 26, 2015
Dave Stafford
A Hendricks County man claims he lost his job because the Marion County Jail detained him five days longer than he was sentenced. That’s the latest allegation in a federal lawsuit seeking damages for alleged unreasonable release procedures that may have left thousands behind bars in Indianapolis longer than they should have been.
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Governor signs 'religious freedom restoration' bill into law

March 26, 2015
IBJ Staff
Indiana Gov. Mike Pence said he signed the controversial “religious freedom restoration” bill into law Thursday morning in a private ceremony.
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Justice Rucker honored by Valparaiso Law School

March 26, 2015
Marilyn Odendahl
Indiana Supreme Court Justice Robert Rucker will return to his law school alma mater Thursday to give the first speech in a new lecture series named in his honor.
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IU Maurer gets $20 million gift from Class of ’64 alum

March 26, 2015
IL Staff
Indiana University Maurer School of Law announced that 1964 graduate Lowell E. Baier has made a $20 million estate gift to the Bloomington law school that will enhance facilities and the school’s long-term renovation and expansion.
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Plaintiffs in bar shooting were owed protection

March 25, 2015
Marilyn Odendahl
When a customer pulled a gun and started shooting, the bar had a well-established duty to protect its other customers, the Indiana Court of Appeals has ruled.
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State statute protects taxpayers from loan dispute

March 25, 2015
Marilyn Odendahl
Ruling that taxpayers should not be penalized for a bank’s lack of diligence, the Indiana Court of Appeals has held a financial institution cannot recoup the outstanding balance on a loan for a fire truck.
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Justices spell out required 'presumption of innocence' jury instruction

March 25, 2015
Dave Stafford
A convicted murderer who didn’t receive a requested jury instruction on the presumption of innocence lost his appeal Wednesday, but the Indiana Supreme Court used the case to impart an exact instruction trial courts must use going forward upon request.
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COA reverses neglect resulting in death verdict against mom

March 25, 2015
Dave Stafford
An Indianapolis mother was wrongly convicted of neglect of a dependent child resulting in death, the Court of Appeals ruled Wednesday in reversing the jury’s verdict. Judges found evidence against Chelsea Taylor was insufficient to support the conviction.
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Bragging is admissible in court, COA rules

March 25, 2015
Marilyn Odendahl
A defendant’s statement to law enforcement that he could “read” people was a boast and not a character reference, according to the Indiana Court of Appeals, so it was admissible at trial.
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Termination of parental rights waiting period requires no services

March 25, 2015
Dave Stafford
Parents of children removed from the home for 15 of the prior 22 months before a hearing on termination of parental rights may not argue that a lack of services during that time tolls the waiting period, the Indiana Court of Appeals ruled Wednesday.
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COA reverses lease judgment for tenant, finds for landlord

March 25, 2015
Dave Stafford
A medical office that leased space from a landlord lost a judgment in its favor in a dispute over owed rent. The Indiana Court of Appeals reversed and ordered judgment in favor of the property owner.
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SCOTUS sides with ex-UPS worker who claims pregnancy bias

March 25, 2015
 Associated Press
The Supreme Court is giving a former UPS driver another chance to prove her claim of discrimination after the company did not offer her lighter duty when she was pregnant.
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Appeals court sets April hearing on Obama immigration action

March 25, 2015
 Associated Press
A court hearing has been set for April 17 on whether a temporary hold on President Barack Obama’s immigration executive action should be lifted, a federal appeals court announced Tuesday.
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Boyer selected new Allen County Small Claims Court magistrate

March 25, 2015
IL Staff
Thomas P. Boyer, a magistrate for Allen Superior Court Family Relations Division, has been named the newest magistrate judge of the Allen Superior Court Small Claims Division. Boyer replaces Magistrate Jerry Ummel, who recently announced his retirement after 27 years on the bench.
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Windsor counsel to speak at IU Maurer

March 25, 2015
Marilyn Odendahl
Roberta “Robbie” Kaplan, counsel who represented Edith Windsor in the landmark marriage equality case, will speak about the civil rights battle for same-sex marriage at Indiana University Maurer School of Law on March 26.
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State closes 2 businesses for unpaid taxes

March 25, 2015
IL Staff
An Indianapolis architecture firm and a Greenfield restaurant were ordered closed Tuesday because the businesses owe the state almost $900,000 combined in taxes. Indiana courts issued temporary restraining orders preventing both from transacting business.
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Indy incubator program is designed to launch solo practices

March 25, 2015
Marilyn Odendahl
Two legal organizations are partnering with Indiana University Robert H. McKinney School of Law to create an incubator – a program that provides the infrastructure and overhead to allow a newly admitted lawyer to focus on establishing a solo practice.
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Indiana schools rise and fall in recent national law school rankings

March 25, 2015
Marilyn Odendahl
For law schools not occupying the front seats in the U.S. News & World Report’s national ranking, this year’s release of the annual “how prestigious is my school” evaluation brought another twist to the rollercoaster ride the assessment has come to resemble.
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A lifetime of service

March 25, 2015
Dave Stafford
Imagine reviewing your bosses’ expense claims and finding something that raises red flags. Now imagine it’s your job to go to your bosses and reject their claims.
Incidentally, your bosses are judges. And there are 15 of them. You’ve just imagined one of the routine tasks of veteran Indiana Court of Appeals administrator Steve Lancaster. If you can negotiate this task and dozens of others for the court’s judges and 18 administrative staff members, you may be the person to take Lancaster’s place.
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Commemorating a legal legacy

March 25, 2015
Marilyn Odendahl
In his hometown of Evansville where he is known to friends and colleagues as “Randy,” retired Indiana Chief Justice Randall Shepard is being recognized in a way that members of the legal community say will appropriately honor his legacy. Money from private donors and legal organizations is being put toward two commemorations. The first is a plaque noting Shepard’s contributions to Indiana that will hang outside the Randall T. Shepard Courtroom in the historic Vanderburgh County Courthouse. The second is a lecture series which will bring nationally known lawyers and legal scholars to Evansville to talk about law and leadership.
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Workplace equality: Employers must be of aware court-ordered requirements

March 25, 2015
Dave Stafford
The advice labor and employment attorneys provide companies is changing in light of recent court decisions on Indiana’s laws governing same-sex marriage, and it may change again when the Supreme Court of the United States rules on the issue.
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Justices hear textbook case of errors in evidence

March 25, 2015
Dave Stafford
A man who stabbed his son-in-law and was convicted of battery with a deadly weapon argues trial court errors prevented him from presenting evidence that he acted in self-defense. The appellant claims the victim was the first to strike, whacking him with a 2-by-4 piece of lumber.
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Aiding Conour victims ‘The right thing to do’

March 25, 2015
Dave Stafford
The Indiana State Bar Association’s announcement that it will distribute $100,000 among 24 victims of former attorney and convicted fraudster William Conour is a modest but meaningful gesture from the legal community, attorneys involved with the decision say.
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Inside the Criminal Case: The admissibility of Robert Durst’s confession

March 25, 2015
James Bell, K. Michael Gaerte
If we had told you three weeks ago that a man walked into the bathroom with a live microphone and did some things he would live to regret, you would have probably thought we were referring to a scene from “The Naked Gun” movie. By now, however, you know that we are referring to the statements suspected murderer Robert Durst made while “mic’d up” for an HBO documentary.
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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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