Latest News

COA affirms admission of gun and photographs into evidence

May 27, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it admitted as evidence a handgun and photographs of the gun found in a car being impounded after police discovered the driver did not own the car and believed it was unsafe to operate, the Court of Appeals held.
More

Judge concerned about doctor’s contradictory affidavit

May 27, 2015
Jennifer Nelson
An Indiana Court of Appeals judge found it troubling that a member of a medical review panel that unanimously found defendants breached their duty of care to a patient could later issue an affidavit in which he changed his mind relating to a doctor accused of medical malpractice.
More

Police did not induce woman to commit prostitution, COA rules

May 27, 2015
Jennifer Nelson
A woman who was arrested for prostitution after she agreed to have sex in exchange for money with an undercover detective outside of a strip club was not entrapped by the detective, the Court of Appeals held Wednesday.
More

Probationer’s admission to smoking marijuana supports revocation

May 27, 2015
Jennifer Nelson
Because a man on probation admitted to participating in unlawful conduct during his probationary period, the trial court correctly revoked his probation, the Indiana Court of Appeals ruled.
More

COA upholds man’s belated appeal, molestation conviction

May 27, 2015
Jennifer Nelson
Citing the defendant’s limited understanding of English and his timely request for appellate counsel, the Indiana Court of Appeals affirmed the decision by the trial court to grant a man’s belated notice of appeal regarding a child molesting conviction.
More

How law firms use Facebook and other data to track down medical victims

May 27, 2015
 Bloomberg News
For ambulance chasers, persistence and a phone book just don’t cut it anymore. Law firms, which once relied on television commercials, billboards, and cold calling numbers in the white pages to find plaintiffs for medical lawsuits, have begun to embrace technology. To locate their ideal pharma victims more quickly and at lower costs, they're using data compiled from Facebook, marketing firms, and public sources, with help from digital bounty hunters.
More

Obama loses second bid to implement overhaul of immigration

May 27, 2015
 Bloomberg News
President Barack Obama’s bid to make overhauling immigration policy a second-term victory was dealt a serious blow as federal judges ruled the effort must remain on hold while 26 states sue to overturn it.
More

Environmental groups sue over Illiana Tollway approval

May 27, 2015
 Associated Press
Illinois environmental groups have filed a lawsuit over the proposed Illiana Tollway. They claim federal approval relied on faulty information and didn't adequately consider environmental impacts.
More

Indiana securities commissioner abruptly resigns

May 27, 2015
IBJ Staff
Carol Mihalik resigned as Indiana’s securities commissioner, the state announced.
More

Judge believes lack of victim notification of plea supports vacating agreement

May 26, 2015
Jennifer Nelson
A Court of Appeals judge dissented from his colleagues on Tuesday when he voted to support a trial court's decision to throw out a plea agreement on the day of sentencing. The trial court discovered the victim in the case had not been notified of the plea agreement.
More

Court declines to rule on constitutionality of statute as it relates to auditors

May 26, 2015
Jennifer Nelson
Because the Marion County auditor does not have statutory or common law standing to appeal a property tax assessment board of appeals’ decision under Indiana Code 6-1.1-15-12 to the Indiana Tax Court, its judge, Martha Wentworth, held that the constitutional challenge raised regarding the statute will have to be decided another day.
More

Drug conviction reversed because state didn’t prove substance was heroin

May 26, 2015
Jennifer Nelson
Because police did not prove the product of a controlled drug buy was heroin, the Court of Appeals reversed a man's conviction of Class A felony dealing in a narcotic within 1,000 feet of a school.
More

KBR, Halliburton win at US Supreme Court on suit deadlines

May 26, 2015
 Bloomberg News
The Supreme Court of the United States tightened the time limits for whistle-blower lawsuits that accuse contractors of overbilling the federal government during overseas conflicts. The ruling is a victory for KBR Inc. and Halliburton Co.
More

SCOTUS to consider appeal over electoral districts

May 26, 2015
 Associated Press
The Supreme Court of the United States agreed Tuesday to hear an important case about whether states must count only those who are eligible to vote, rather than the total population, when drawing electoral districts for their legislatures.
More

US Supreme Court clarifies power of bankruptcy judges

May 26, 2015
 Associated Press
The Supreme Court of the United States says bankruptcy courts have authority to rule on disputes that fall outside the bankruptcy proceedings if the parties to the case consent.
More

COA: No evidence employee violated professional conduct rule

May 26, 2015
Jennifer Nelson
The Indiana Court of Appeals on Tuesday reversed the denial of a man's application for unemployment benefits, finding the record doesn't support that he was fired for just cause for violating his employer's professional conduct rules. The man kept a mentally disabled client in a hot car, citing his safety and the safety of other riders.
More

State proved man forced his way into apartment, COA holds

May 26, 2015
Jennifer Nelson
A man convicted of three crimes stemming from the robbery of an apartment could not convince the Indiana Court of Appeals that he did not force his way into the apartment because someone inside opened the door first.
More

Fallout from Supreme Court case on Obamacare could be 'ugly'

May 26, 2015
 Associated Press
A Supreme Court ruling due in a few weeks could wipe out health insurance for millions of people covered by President Barack Obama's health care law. But it's Republicans — not White House officials — who have been talking about damage control.
More

Indiana fish farm loses lawsuits over unpaid bills

May 26, 2015
 Associated Press
A central Indiana fish farm that last year won approval for a $30 million expansion faces more than $200,000 in court judgments after lawsuits filed by businesses who say the company owes them money.
More

Gay marriage challenges cost Indiana $1.4M in attorney fees

May 26, 2015
 Associated Press
The state of Indiana had to pay more than $1.4 million in fees to plaintiffs' attorneys in its unsuccessful attempt to maintain a ban on same-sex marriages, the attorney general's office says.
More

COA reverses felony conviction for lack of evidence

May 22, 2015
Jennifer Nelson
The state did not prove that a St. Joseph County man intimidated another person when the man pulled out a knife after being confronted about stealing water, the Indiana Court of Appeals held Friday. The dissenting judge believed there to be no distinction between the defendant being “caught” stealing water and “confronting” the defendant about stealing it.
More

Man’s appellate arguments challenging misdemeanor convictions waived

May 22, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with the state that a man waived his arguments on appeal because he did not raise a relevant objection at trial, he did not make a cogent argument on appeal, and because his arguments are otherwise meritless.
More

Jury awards $32.5M to victim of 2006 traffic accident

May 22, 2015
 Associated Press
A jury awarded $32.5 million to a Dyer, Indiana, woman who suffered brain damage and was left partially paralyzed in a traffic accident.
More

Judge dismisses bulk of Christ Church suit against JPMorgan

May 22, 2015
Greg Andrews
A federal judge on Thursday dealt a major blow to Christ Church Cathedral’s lawsuit charging JPMorgan Chase & Co. caused $13 million in losses in trust accounts endowed decades ago by Eli Lilly Jr. via “intentional mismanagement” and “self-dealing.”
More

Indiana man faces more charges in Facebook threat case

May 21, 2015
 Associated Press
A federal grand jury has issued a second indictment with more charges against an Indiana man accused of threatening to blow up a courthouse and kill judges in a Facebook posting.
More
Page  1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

ADVERTISEMENT