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Woman unable to prove attorney actions were prejudicial

August 13, 2012
Marilyn Odendahl
A woman’s petition for post-conviction relief on the grounds her trial counsel was ineffective was denied by the Indiana Court of Appeals.
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Trial court erred in abrogating homeowner’s obligation to pay fees to HOA

August 13, 2012
Marilyn Odendahl
The Indiana Court of Appeals reversed a trial court’s ruling that changes in a gated residential vacation and retirement community were so radical as to abrogate a homeowner’s obligation to pay yearly fees to the homeowners association.
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Doctor owed no duty to release prenatal records to adoptive parents

August 13, 2012
Dave Stafford
A New York couple who adopted a child born in Lake County lost their appeal of an unsuccessful negligence claim against a doctor who did not provide requested prenatal records that would have revealed the child’s significant brain abnormalities before the adoption was finalized.
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Mom’s progress leads court to reverse termination

August 13, 2012
Dave Stafford
A Grant County mother who lost parental rights to twin children won a reversal of the termination order after the Indiana Court of Appeals noted her progress in areas of concern to the Department of Child Services.
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Appeals court affirms molestation conviction

August 13, 2012
Dave Stafford
A child molestation conviction will stand after the Indiana Court of Appeals on Monday rejected a defendant’s arguments that the conviction should be reversed because of a prosecutor’s references to the defendant's failure to testify and that the evidence was insufficient.
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Court issues injunction against BMV

August 13, 2012
Marilyn Odendahl
An Indianapolis single mother of six has had her driving privileges reinstated after a Marion Superior Court judge granted a preliminary injunction in a lawsuit brought by the American Civil Liberties Union of Indiana and private counsel Scott DeVries against the Indiana Bureau of Motor Vehicles.
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Court affirms judgment against home contractor

August 13, 2012
Dave Stafford
A home repair contractor lost an appeal of an award against him, but he won’t have to pay the attorney fees of the party that won the judgment, the Indiana Court of Appeals ruled.
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Attorney suspended for taking client’s children from school for hours

August 13, 2012
Dave Stafford
A Morgan County attorney who picked up children from school on behalf of their father, who she was representing, and drove them around for several hours without notifying the custodial mother was suspended for six months.
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Court reverses summary judgment in mixed martial arts TV suit

August 10, 2012
Dave Stafford
A dispute over idea misappropriation and civil conversion involving the origin of televised mixed martial arts through HDNET Fights was sent back to the trial court Friday. The Court of Appeals ruled that Marion Superior Court’s grant of partial summary judgment in favor of a sanctioning body that had suggested the development of a similar idea was in error.
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Portion of malpractice statute of limitations ruled unconstitutional in some cases

August 10, 2012
Dave Stafford
A woman’s malpractice lawsuit against the estate of a Marshall County doctor who died more than two decades ago will go forward, the Indiana Court of Appeals ruled. The court found the two-year statute of limitations on medical malpractice claims unconstitutional in certain cases.
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State bar’s Young Lawyer Section receives 2 ABA awards

August 10, 2012
IL Staff
The Indiana State Bar Association Young Lawyer Section received two first-place national awards Aug. 4 at the American Bar Association Young Lawyers Division annual conference in Chicago.
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Online attorney registration portal down

August 9, 2012
IL Staff
Attorneys looking to pay annual license fees have been met with an error message on the Indiana Appellate Clerk’s online portal this week.
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Court of Appeals orders trial court to re-evaluate child support order

August 9, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the part of a custody order modifying child support, finding the trial court miscalculated the mother’s current income and made other errors.
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Judges affirm drunk-driving conviction

August 9, 2012
Jennifer Nelson
A Madison Circuit judge did not abuse his discretion in instructing the jury on operating a vehicle while intoxicated as a Class C misdemeanor, a lesser-included offense of drunk-driving charges a man faced, the Indiana Court of Appeals concluded.
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Inmate’s suit alleging 8th Amendment violation allowed to continue

August 9, 2012
Jennifer Nelson
A federal judge was incorrect in dismissing an inmate’s lawsuit alleging Eighth Amendment violations by prison staff who ignored his abdominal pain for months until the inmate was diagnosed with ulcerative colitis, the 7th Circuit Court of Appeals ruled.
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Justices decline to take Decatur County arson case

August 9, 2012
IL Staff
The Indiana Supreme Court Wednesday unanimously decided to deny the state’s petition for transfer of Kristine Bunch v. State, in which a divided Court of Appeals ruled Kristine Bunch is entitled to a new trial. Bunch was convicted of the murder of her son, who died in a fire in their mobile home.
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Nominating commission picks 3 finalists

August 8, 2012
IL Staff
The Indiana Judicial Nominating Commission has selected the three finalists for the Supreme Court vacancy: Hamilton Superior Judge Steve Nation, Tippecanoe Superior Judge Loretta Rush, and attorney Geoffrey Slaughter. The commission had whittled down the number of applicants from 22 to 10 in July, and then to three Wednesday evening.
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Commission wraps up interviews, begins deliberations

August 8, 2012
Dave Stafford
The Indiana Judicial Nominating Commissions has finished interviewing the semifinalists who want to replace Frank Sullivan Jr. on the Supreme Court. The commission went into executive session around 4 p.m. Wednesday.
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MCBA to raise funds for Darden scholarship

August 8, 2012
IL Staff
The Marion County Bar Association is hosting a retirement dinner for Senior Judge Carr Darden Sept. 14. Darden stepped down from the Indiana Court of Appeals last month. All proceeds from the event will benefit the MCBA and the Judge Carr L. Darden and Mrs. Lundy Darden Public Sector Legal Education Scholarship Fund.
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Semifinalists discuss important qualities of a justice

August 8, 2012
Dave Stafford
The Indiana Judicial Nominating Commission Wednesday interviewed 10 semifinalists to fill the vacancy on the Indiana Supreme Court created by the retirement of Justice Frank Sullivan Jr. Commission chair and Supreme Court Chief Justice Brent Dickson opened the interviews by asking each candidate what factors he or she believed the commission should be looking for in a justice.
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Attorney can’t recast untimely 4th Amendment claim against prosecutor

August 8, 2012
Jennifer Nelson
The Muncie attorney who sued former Delaware County Prosecutor Mark McKinney, alleging due process violations following his arrest and acquittal on conspiracy to commit bribery charges, lost his appeal before the 7th Circuit Court of Appeals. The judges found the attorney was trying to recast an untimely false arrest claim into a due process claim.
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COA upholds domestic battery conviction

August 7, 2012
Jennifer Nelson
A trial court did not abuse its discretion when it denied a man accused of hitting his live-in girlfriend the opportunity to cross-examine her about a past domestic battery incident, the Court of Appeals concluded.
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Trial court erred in finding provision was liquidated damages clause

August 7, 2012
Jennifer Nelson
A forfeiture provision in a purchase agreement between the Dean V. Kruse Foundation and Jerry Gates, the buyer of West Baden property, did not constitute a liquidated damages clause as the trial court ruled, the Indiana Court of Appeals held Tuesday. The judges ruled that the Kruse parties are entitled to more damages as a result of Gates’ breach of contract.
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Court affirms judgment for developer, real estate company in suit over sinking home

August 7, 2012
Jennifer Nelson
A couple who sued a subdivision developer and real estate company after the builder went out of business to recover damages because their home was sinking could not convince the Indiana Court of Appeals to reverse summary judgment for the companies.
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Man unable to show prejudice by attorney’s lack of deportation advisement

August 7, 2012
Jennifer Nelson
A Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s failure to advise him that automatic deportation is a consequence of his guilty plea.
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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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