Legal News

COA upholds intimidation conviction of man participating in fake robbery

February 12, 2015
Jennifer Nelson
A staged robbery between two friends to cover up stolen funds from an employer took an unexpected turn when a good Samaritan tried to catch the supposed robber. The Indiana Court of Appeals affirmed the defendant’s intimidation conviction for pulling a knife on the good Samaritan during a chase.
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Failure to file board record dooms claim for judicial review

February 12, 2015
Jennifer Nelson
A company that did not file the board record or request an extension of time to file the record within 30 days as required by the applicable judicial review statute should not have been allowed to proceed with its request for judicial review, the Indiana Court of Appeals held. The judges reversed the denial of the town of Pittsboro’s request to dismiss Ark Park LLC’s claims.
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Denial of witness testimony was harmless error, COA rules

February 12, 2015
Jennifer Nelson
Although the trial court abused its discretion when it did not allow a person to testify on behalf of the defendant based on a separation of witnesses violation, the error was harmless, ruled the Court of Appeals in affirming a man’s felony convictions of vicarious sexual gratification and possession of child pornography.
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COA clarifies decision in reversed CHINS case

February 12, 2015
Jennifer Nelson
The Indiana Court of Appeals granted the Department of Child Services’ request for rehearing of an August 2014 decision in which the court reversed a child in need of services finding for a child whose father was in the Navy for the first few years of the child’s life. The judges clarified their reasoning but affirmed their decision in all respects.
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Justices: Previous ruling did not alter fundamental error doctrine

February 12, 2015
Jennifer Nelson
The Indiana Supreme Court wants to clear up potential confusion involving the state’s fundamental error doctrine.
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Judge denies defense motions for Indy house blast suspect

February 12, 2015
 Associated Press
The defense of a suspect in a 2012 Indianapolis house explosion that killed two people and damaged dozens of homes has been dealt a setback after a judge denied two of its motions.
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Indianapolis lawyer wins $79M telecom verdict

February 11, 2015
Dave Stafford
An Indianapolis lawyer won a $79 million federal jury verdict for Missouri landowners who had not been compensated for fiber optic Internet cables a telecommunications company carried on power lines that crossed their property.
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Couple needed expert testimony to show proximate cause in defective air bag suit

February 11, 2015
Jennifer Nelson
A couple suing Ford Motor Company, alleging their 2003 Mercury Mountaineer was defective because the air bags did not deploy in an accident, lost their case because they failed to designate expert testimony to support their claim.
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Panel issues 3 opinions on interplay between T.R. 15(C) and 17(F)

February 11, 2015
Jennifer Nelson
While the three judges on the Indiana Court of Appeals panel agreed summary judgment was proper for an Indianapolis attorney being sued for defamation and other claims because the statute of limitations had expired, each judge interpreted the interplay between Trial Rules 15(C) and 17(F) differently.
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Man fails to prove Supreme Court would rule against established caselaw

February 11, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the grant of an insurance adjuster’s motion to dismiss it from an injured man’s lawsuit alleging negligence in how it handled his case. The judges pointed out that the Indiana Court of Appeals has held that an insurance adjuster owes no legal duty to the insured and the plaintiff didn’t show that the Indiana Supreme Court would disagree with that decision.
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COA: Postnuptial agreement is enforceable

February 11, 2015
Jennifer Nelson
It is not a requirement that one party in a marriage must initiate divorce proceedings in order for the parties to later enter into a valid and enforceable reconciliation agreement, the Indiana Court of Appeals held Wednesday.
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Awarded guardianship fees overturned due to potential misconduct

February 11, 2015
Jennifer Nelson
Because a trial court did not look at whether fees requested by a man’s former guardians were necessary, the Indiana Court of Appeals reversed the order they receive more than $15,000 from his estate.
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Justices vacate transfer in insurance dispute

February 11, 2015
IL Staff
A divided Indiana Supreme Court decided last week that it will no longer take an insurance case involving a landlord and tenant that also divided the Indiana Court of Appeals.
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Lawyer to justices: 4th Amendment waivers require reasonable suspicion

February 11, 2015
Dave Stafford
Community corrections officers should have cause before searching the home of someone who has signed a waiver of their Fourth Amendment rights as a condition of probation, a lawyer argued recently before the Indiana Supreme Court.
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Legislature tinkers with new Indiana criminal code

February 11, 2015
Marilyn Odendahl
Two different stories by two different witnesses highlighted Indiana’s continuing struggles with its new criminal code.
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Some counties funnel domestic relations cases to specific courts, others split load

February 11, 2015
Dave Stafford
The Indianapolis legal community was divided in the early 1990s over a plan to concentrate domestic relations cases into specific courts. The proposal became a reality, but the reality became too burdensome.
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Odyssey vendor chosen to handle statewide e-filing

February 10, 2015
Dave Stafford
Tyler Technologies Inc., which contracts with the Indiana judiciary to provide the Odyssey case management system to courts around the state, has been selected as the vendor that will manage statewide e-filing in trial courts.
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Supreme Court issues order on removed Muncie judge

February 10, 2015
Dave Stafford
The Muncie City Court judge removed from office last month abused her authority by wrongly jailing defendants and attempting to silence critics in her courtroom, and disgraced the judiciary by using a racial slur in the streets, according to the Indiana Supreme Court order issued Tuesday.
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Amended complaint: Marion Co. sheriff re-arrests those freed

February 10, 2015
Dave Stafford
Released inmates in Indianapolis are subjected to a “standard operating procedure” of re-arrest and being held behind bars – sometimes for days – after being acquitted, freed by a judge or posting bond, alleges an amended federal complaint filed against the Marion County Sheriff’s Department.
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Justices add malpractice, adoption cases to docket

February 9, 2015
Dave Stafford
The Indiana Supreme Court will review summary judgment in favor of healthcare providers sued for medical malpractice in a stillbirth case as well as an adoption by a grandmother who claimed a 1997 conviction for neglect of a dependant should not automatically bar her from adopting the children.
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Appeals panel reinstates med-mal case

February 9, 2015
Dave Stafford
A trial court erred in granting summary judgment to a hospital and a doctor who performed a hysterectomy during which an arm board became unattached. After the patient’s arm dangled for much of the surgery, she was diagnosed with nerve damage in her arm.
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COA: Ex-husband entitled to legal fees for former wife's contempt

February 9, 2015
Dave Stafford
The ex-husband in an acrimonious domestic relations case is entitled to $9,000 in legal fees a trial court awarded to him as well as judgments in his favor on parenting time and child support, the Indiana Court of Appeals ruled Monday.
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Double jeopardy lifts 2 of burglar’s multiple convictions

February 9, 2015
Dave Stafford
A man who repeatedly broke into property and stole tools and items being used to renovate a long-vacant farmhouse likely will remain sentenced to 50 years in prison, even though the Indiana Court of Appeals vacated two of his convictions as violations of the prohibition against double jeopardy.
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Mom claims agent framed her in son's death, sues government

February 9, 2015
 Associated Press
A woman who was wrongfully convicted of murdering her 3-year-old son is suing the government and alleges a federal officer helped investigators frame her for the crime.
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Fremont Town Court judge admonished for ex parte communication

February 9, 2015
Dave Stafford
A Steuben County town court judge who was admonished in 2012 for improper ex parte communications for assuming the role of prosecutor in a traffic infraction in her court has been admonished again for a similar violation.
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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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