Legal News

AT&T ‘mobile cramming’ settlement nets refunds for Hoosiers

October 8, 2014
Jennifer Nelson
A $105 million settlement reached Wednesday with AT&T Mobility LLC means that nearly half a million Indiana residents may be eligible for refunds for unauthorized charges on their cell phone bills.
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Judge halts planned consolidation of Zionsville, Perry Township

October 8, 2014
Andrea Muirragui Davis, IBJ Staff
A Boone County judge has ruled that Zionsville can’t absorb the operations of Perry Township even if voters OK a reorganization plan that’s already on next month’s ballot.
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Evidence doesn’t show existence of family housing complex at time of crime

October 8, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s Class A felony conviction for dealing cocaine within 1,000 feet of a family housing complex because the state didn’t prove the complex qualified as family housing under the law at the time of the offense.
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IU McKinney launches partnership with Wabash College

October 8, 2014
IL Staff
Indiana University Robert H. McKinney School of Law and Wabash College have entered into a partnership agreement in which two Wabash grads each year will have the chance to attend the law school at half the cost.
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ISBA members say ‘yes’ to retaining appellate judges

October 8, 2014
IL Staff
The four Indiana appellate judges up for retention next month have the approval of ISBA members, according to survey results released Tuesday by the organization. Members overwhelmingly voted that the judges should be retained.
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US Supreme Court hears dispute over pay for security checks

October 8, 2014
 Associated Press
Several Supreme Court justices seem disinclined to find that employers must pay workers for time spent waiting to go through anti-theft security checks at the end of their shifts.
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Video shows officer using stun gun in traffic stop

October 8, 2014
 Associated Press
A cellphone video released Tuesday shows police in Indiana breaking a car window then using a stun gun on a man after police stopped the driver for not wearing a seat belt. The video, recorded by the driver's 14-year-old son, captured a Sept. 24 confrontation between two adults in the car and police that's the basis of a lawsuit filed in U.S. District Court against several officers and the city of Hammond.
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Indiana county clerks told to allow gay marriages

October 8, 2014
 Associated Press
The Indiana attorney general's office told county clerks across the state Tuesday that they must issue marriage licenses to same-sex couples.
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Keeping death certification accessible is 'victory for the public'

October 8, 2014
Marilyn Odendahl
Both the Hoosier State Press Association and the Indiana attorney general are applauding the Indiana Supreme Court’s ruling Tuesday that cause of death information is public.
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Millions more sought for representation of juveniles

October 8, 2014
Dave Stafford
The money is needed for guardians ad litem and court appointed special advocates, and to pay for the new rule requiring defenders in delinquency cases.
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SCOTUS denial of marriage lawsuits creates historic day

October 8, 2014
Marilyn Odendahl
The decision by the Supreme Court of the United States not to hear any of the same-sex marriage cases before it was unexpected but very welcomed by the same-sex couples and their attorneys who challenged Indiana’s marriage ban.
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Officer's meth-exposure claims untangled by appeals court

October 8, 2014
Dave Stafford
The Indiana Court of Appeals rules an injured city policeman must exhaust workers' comp remedies before turning to the injured-on-duty statute.
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Unanimous Supreme Court holds death certificates are public records

October 7, 2014
Marilyn Odendahl
Taking what it called a “plain reading” of the state statute, the Indiana Supreme Court ruled death certificates which include the cause of death are public records and should be available to anyone who requests access.
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7th Circuit rules against insurer in jurisdiction dispute

October 7, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a federal court judgment in favor of an insurer after the insurer’s motion to intervene in a state court lawsuit on the same matter was denied. The federal court incorrectly determined the state court did not have jurisdiction over an injured worker’s lawsuit.
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Mother loses custody after COA rules trial court had jurisdiction

October 7, 2014
Marilyn Odendahl
A mother’s argument that the trial court did not have jurisdiction to grant full custody of her daughter to the girl’s father did not convince the Indiana Court of Appeals, which found an agreement between the parents gave the court jurisdiction.
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Accomplice in jewelry store robbery loses sentence appeal

October 7, 2014
Dave Stafford
The 45-year sentence imposed on an accomplice in a jewelry store robbery was affirmed by the Indiana Court of Appeals Tuesday, even though the crime to which he pleaded guilty is now punishable by a maximum sentence of 20 years.
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Indianapolis man gets 28 years for coercing sex

October 7, 2014
 Associated Press
A judge sentenced an Indianapolis man to 28 years in prison Monday for tricking teenage girls as young as 13 into sending him explicit photos via Facebook and using the photos to coerce the girls into having sex with him.
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Marion County to create veterans court

October 7, 2014
Dave Stafford
Marion County plans to start a veterans court next year, a specialized problem-solving court that will allow diversion of lower-level criminal offenses for those who served in the military.
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SCOTUS rejects 3 Indiana cases

October 6, 2014
Dave Stafford
The Supreme Court of the United States on Monday declined to review a ruling that struck down Indianapolis’ limits on the hours that adult bookstores can operate.
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Justices' decision means same-sex marriage legal in Indiana

October 6, 2014
Marilyn Odendahl
The decision by the Supreme Court of the United States not to hear any of the same-sex marriage cases before them was unexpected but very welcomed by the same-sex couples and their attorneys who had challenged Indiana’s marriage ban.
More

Judge rejects call for anonymous jury in trial

October 6, 2014
 Associated Press
A federal judge has rejected prosecutors' request to keep juror identities confidential at the January murder and racketeering trial of an East Chicago man.
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Indiana county settles dispute with forensics firm

October 6, 2014
 Associated Press
A southern Indiana county has reached a settlement in its billing dispute with a forensics company that testified on the prosecution's behalf last year in a triple-murder trial.
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Special prosecutor sought in case involving judge

October 6, 2014
 Associated Press
A central Indiana prosecutor is seeking a special prosecutor to hear allegations that a Muncie City Court judge intimidated another woman during a confrontation outside that woman's home.
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Justices add criminal and child support cases to docket

October 6, 2014
Dave Stafford
Whether a person’s proximity to a crime scene together with circumstantial evidence is sufficient for conviction is the question for the Indiana Supreme Court in one of two cases justices will review.
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Ogden quitting law, citing high disciplinary fine

October 6, 2014
Dave Stafford
Indianapolis attorney and blogger Paul Ogden said he is quitting the practice of law rather than pay costs of more than $10,000 imposed on him as the result of a disciplinary case involving private comments he made about a judge.
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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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