Latest News

Shepard task force paper cites ‘deeply flawed’ legal ed funding system

August 6, 2013
Dave Stafford
Former Indiana Chief Justice Randall T. Shepard’s task force looking at the future of legal education financing sees a “deeply flawed” system, according to a working paper presented at this week’s annual meeting of the American Bar Association in San Francisco.
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Clerk responds to attorneys’ concerns about personal security

August 6, 2013
Dave Stafford
Attorneys’ concerns over personal security have prompted the Indiana Clerk of Courts to offer an opt-out feature when updating attorney registrations on its registration portal.
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Habeas writ reverses resentencing from divided COA

August 6, 2013
Dave Stafford
A Fulton County man who filed a writ of habeas corpus claiming he was falsely imprisoned won a reversal of a clarified sentencing order Tuesday, with one Court of Appeals judge saying he should be freed entirely.
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Attorney general sues AT&T for suspending injured workers

August 5, 2013
Dan Human
AT&T’s Indiana operating company faces a discrimination lawsuit from the Indiana Department of Labor for suspending three workers, allegedly because they reported work-related injuries.
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Hole in tail lamp no cause for traffic stop, appeals panel rules

August 5, 2013
Dave Stafford
An Indiana State Police trooper who pulled over a Jeep because a hole in its tail lamp emitted white light lacked probable cause to initiate the traffic stop that resulted in drunken-driving charges.
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Judge clears IU to donate $450,000 for Conour victim restitution

August 5, 2013
Dave Stafford
A judge last week approved an order clearing the way for Indiana University to transfer $450,000 to a federal court restitution fund for victims of former personal-injury and wrongful-death attorney William Conour.
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Indianapolis loses attorney and civic leader Edgar Lamb

August 5, 2013
IL Staff
An attorney who played an integral role in consolidating the governments of the city of Indianapolis and Marion County, which made the Hoosier state capital the 11th largest city in the United States, has died.
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Shuai pleads guilty to lesser charge, is freed

August 2, 2013
Dave Stafford
The Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died pleaded guilty to a lesser charge of criminal recklessness, a Class B misdemeanor.
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Indiana takes lead in asking SCOTUS to reverse legislative prayer ban

August 2, 2013
Dave Stafford
Indiana and Texas are the lead authors of an amicus brief filed Friday that asks the U.S. Supreme Court to reverse a 2nd Circuit Court of Appeals ruling banning legislative prayer at the beginning of a government meeting.
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Marion County probation ending transportation for community service work

August 2, 2013
Dave Stafford
Criminal defendants ordered to perform community service work will have to get to their destinations without a ride from the Marion County Probation Department as the result of a program change adopted Friday.
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Contract termination ends health care provider’s eligibility for federal funds

August 2, 2013
Finding that the status of the grant holder had changed, the 7th Circuit Court of Appeals ruled that Citizens Health Corp. is no longer eligible for Section 330 federal monies.
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COA notes Indiana law would have changed outcome of environmental dispute

August 2, 2013
Marilyn Odendahl
Using California law, the Indiana Court of Appeals ruled that an insurance company does not have to pay for an environmental cleanup, but the court noted it did not agree with the position of the Golden State and it would have ruled differently if Indiana law had been applicable.
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Judge sets decorum rules for Shuai trial

August 2, 2013
Dave Stafford
Anticipating a high-profile, weeks-long trial beginning after Labor Day, a Marion County judge Friday laid down rules for public and media decorum in the criminal case against Bei Bei Shuai.
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Liquor store chain seeks to impose strict regulations on convenience stores selling alcohol

August 1, 2013
Marilyn Odendahl
A chain of 19 liquor stores in Indianapolis wants the drug, grocery and convenience stores that sell alcohol to be subject to the same strict regulations that govern package liquor stores.
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Doctrine of res judicata stops property owner’s motion

August 1, 2013
Marilyn Odendahl
A property owner’s attempt to file a separate action against a court-appointed receiver was derailed by the Indiana Court of Appeals under the doctrine of res judicata.
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Conour seeks pre-sentence release

August 1, 2013
Dave Stafford
Former attorney William Conour has asked a federal judge who ordered him jailed last month in his wire fraud case to free him ahead of his Oct. 17 sentencing.
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Delayed submission of filing fee compared to dilemma created by a $7 horse-shoe nail

July 31, 2013
Marilyn Odendahl
In overturning the trial court’s ruling, the Indiana Supreme Court compared the case to Poor Richard’s admonition: “For want of a Nail the Shoe was lost; for want of a Shoe, the Horse was lost; and for want of a Horse the Rider was lost, being overtaken and slain by the enemy, all for want of Care about a Horse-shoe Nail.”
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COA clarifies jury issue in Richmond student death case

July 31, 2013
Dave Stafford
The Indiana Court of Appeals granted a rehearing in a wrongful death lawsuit filed against a public school corporation by the family of a student with Down syndrome who died after choking at school, refining a question to be presented to a jury.
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Prosecutor’s closing argument deprived defendant of fair trial

July 31, 2013
Marilyn Odendahl
A man convicted of sexual misconduct with a minor will get a new trial after the Indiana Court of Appeals found the prosecutor’s zealous statements made to a jury during closing arguments deprived the man of a fair trial.
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7th Circuit revives workplace religious discrimination suit

July 31, 2013
Dave Stafford
A Nigerian employee who asked his employer for time off work to attend his father’s burial rights and was fired when he returned is entitled to a day in court, the 7th Circuit Court of Appeals held Wednesday.
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7th Circuit affirms residential search based on ‘nonverbal cues’

July 31, 2013
Dave Stafford
A warrantless search was not a violation of the Fourth Amendment of the U.S. Constitution because the defendant consented through nonverbal cues, the 7th Circuit Court of Appeals ruled Wednesday.
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Indiana ‘miscarriage of justice’ splits 7th Circuit judges 5-4

July 31, 2013
Dave Stafford
A majority of nine 7th Circuit Court of Appeals judges narrowly denied rehearing en banc for an Indiana man whose sentence was erroneously calculated. A dissenting judge called the case a “miscarriage of justice.”
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Family did have notice that expert pulmonologist was going to testify as pathologist

July 31, 2013
Marilyn Odendahl
In reviewing a dispute over testimony given by expert witnesses, the Indiana Court of Appeals sees no reason to hold a new trial. 
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7th Circuit: Machine gun possession not violent crime

July 31, 2013
Dave Stafford
A man’s conviction on federal firearm charges was vacated Tuesday when the 7th Circuit Court of Appeals ruled that possession of machine guns was not violent crime, citing a case earlier this year that applied the same rationale to possession of sawed-off shotguns.
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Spur-of-the-moment burglary spree does not support corrupt business influence conviction

July 31, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found that an impromptu burglary spree that lasted less than 48 hours does not meet requirements for a corrupt business influence conviction.
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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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