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Indiana files same-sex marriage petition with SCOTUS

September 9, 2014
Marilyn Odendahl
In the race to get a same-sex marriage case before the Supreme Court of the United States this term, Indiana Attorney General Greg Zoeller’s office is arguing the state’s three lawsuits provide the best vehicle for resolving the same-sex marriage issue.
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Appeals court reverses suppression of polygraph in molestation case

September 9, 2014
Dave Stafford
A panel of the Indiana Court of Appeals Tuesday reversed a trial court order suppressing results of a polygraph test against a man who later was charged with child molestation.
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Award of attorney fees reversed in child-support dispute

September 9, 2014
Dave Stafford
The ex-wife in a child-support dispute was improperly awarded a portion of her attorney fees after the trial court rejected her ex-husband’s petition to modify child support.
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Late Fort Wayne program director to be honored with pro bono award

September 9, 2014
Marilyn Odendahl
The Indiana Bar Foundation and the Indiana Pro Bono Commission will recognize the dedication and tireless efforts of the late Terrance P. “Terry” McCaffrey at its 2014 annual pro bono awards ceremony.
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Former Marion Superior lobbyist new court administrator

September 9, 2014
Dave Stafford
The former lobbyist for Marion Superior Courts will now serve as the administrator for the 36 Indianapolis judges and more than 700 employees who work in the county’s judiciary.
 
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Marion Superior judge retirements to shuffle court assignments

September 9, 2014
Dave Stafford
The looming retirement of four judges and the coming election of five new Marion Superior jurists will result in multiple reassignments in the Indianapolis trial courts.
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Marion County justice complex could add civil courts, city official says

September 8, 2014
Dave Stafford
A consolidated criminal justice complex proposed for Marion County could also eventually house civil courts, a city official told judges Monday.
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Justices let stand order that Purdue release report on gender bias claim

September 8, 2014
Dave Stafford
The Indiana Supreme Court has denied Purdue University’s request to appeal court orders that it release a report investigating a fired chancellor’s alleged gender discrimination and harassment complaint.
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Supreme Court approves requirement for attorneys to report pro bono hours

September 8, 2014
Marilyn Odendahl
Starting Jan. 1, 2015, Indiana attorneys will be required to report the number of hours they provide free legal assistance to indigent clients.
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Beer distributor Monarch stepping up booze push

September 8, 2014
Kathleen McLaughlin, IBJ Staff
In a campaign to enter the hard liquor business, Monarch Beverage Co. is pursuing a new tactic that takes aim at state regulators.
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Denial of mortgage lender’s license is within state’s authority, COA rules

September 8, 2014
Marilyn Odendahl
The Indiana Court of Appeals found the Indiana Department of Financial Institutions had the authority to deny a mortgage lender originator’s license to an applicant who has a criminal record. 
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IU Maurer creates partnership with Princeton University

September 8, 2014
Marilyn Odendahl
Indiana University Maurer School of Law’s effort to find and recruit well-qualified undergraduates has hit a milestone, developing a partnership with an Ivy League institution.
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Appeals court reverses summary judgment in freezing-fog fall

September 8, 2014
Dave Stafford
A medical worker who sued her employer after slipping and falling in a parking lot made slick by freezing fog may proceed with her lawsuit, a divided Court of Appeals panel ruled, reversing summary judgment in favor of a Richmond hospital.
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Appeals court bounces IURC ruling favoring Duke on Edwardsport plant

September 8, 2014
Dave Stafford
The Indiana Utility Regulatory Commission failed to comply with laws and regulations when it approved an order allowing Duke Energy to pass along to ratepayers certain construction costs for the $3 billion Edwardsport coal gasification plant in Knox County.
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Federal judges allows sex discrimination lawsuit against Catholic diocese to continue

September 8, 2014
Marilyn Odendahl
A Fort Wayne school teacher’s allegation of sex discrimination against the Diocese of Fort Wayne – South Bend Inc. can proceed after a federal judge found a jury should decide the issue.
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7th Circuit finds Indiana’s marriage law irrational and unconstitutional

September 5, 2014
Marilyn Odendahl
Indiana’s assertion that preventing same-sex marriage encourages responsible procreation among heterosexuals was unequivocally rejected in a blistering opinion from the 7th Circuit Court of Appeals, which said the state’s argument could not be taken seriously.
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7th Circuit rejects denial of disabled woman’s benefits

September 5, 2014
Marilyn Odendahl
Finding repeated fault with the administrative law judge who denied a Chandler woman Social Security disability payments, the 7th Circuit Court of Appeals reversed and remanded the case to the Social Security Administration.
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ICRC has jurisdiction in basketball race discrimination case

September 5, 2014
Dave Stafford
The Indiana Civil Rights Commission has jurisdiction in a racial discrimination claim brought by a former basketball player against Cardinal Ritter High School, but the ICRC dropped the ball in the case, the Court of Appeals ruled Friday.
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Summary judgment affirmed in hysterectomy med-mal case

September 5, 2014
Dave Stafford
The Indiana Court of Appeals Friday affirmed summary judgment in favor of health care providers in a lawsuit brought by a woman claiming doctors did not obtain informed consent before performing a hysterectomy.
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Appeals court reversal reunites mother and children

September 5, 2014
Dave Stafford
A Grant County trial court abused its discretion in ordering the appointment of guardians for two children, the Indiana Court of Appeals ruled Friday, reversing a guardianship order and instructing the trial court to reunite the children with their mother.
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Bike rider loses 'no duty to stop' argument in resisting appeal

September 5, 2014
Dave Stafford
A bicycle rider convicted by a jury of resisting law enforcement lost his appeal Friday on his argument that he had no duty to stop after an Indianapolis police officer tripped his siren and followed him in his cruiser.
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Cabbies, Speedway settle lawsuit over race-day license seizures

September 5, 2014
Dave Stafford
Taxi drivers who had their licenses seized by police officers from the Town of Speedway after the 2013 Indianapolis 500 will be receiving a few hundred dollars for their trouble as a result of a settlement of their federal lawsuit.
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NCAA asks for dismissal of 2 scholarship lawsuits

September 5, 2014
 Associated Press
The NCAA and 11 conferences that have played major college football in recent years have filed a motion to dismiss two antitrust lawsuits that accuse the association of illegally capping compensation to athletes.
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Drug court lawsuit certified as class action

September 5, 2014
 Associated Press
A federal magistrate has approved class-action status for a lawsuit accusing southern Indiana officials of violating the civil rights of dozens of drug court participants.
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Appeals court affirms all but 2 of Durham's convictions

September 5, 2014
Greg Andrews, IBJ Staff
A federal appeals court in Chicago has upheld all but two of the 25 felony convictions for Tim Durham and two other Fair Finance Co. executives found guilty two years ago of carrying out a $200 million Ponzi scheme.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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