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Court affirms termination of parental rights for drug-using mom, dad

November 15, 2012
Dave Stafford
A mother who used methamphetamine while pregnant and continued to abuse drugs after her children were judged in need of services was properly denied parental rights, as was the children’s often-absent father, the Indiana Court of Appeals ruled Thursday.
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Southern District proposes mandatory e-filing, pro hac rule changes

November 15, 2012
Dave Stafford
Nearly all federal court filings in the Southern District will have to be done electronically under local rule changes proposed for the U.S. District Court for the Southern District of Indiana.
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Appeals court rules wrong state law applied in truck crash, but result is same

November 15, 2012
Dave Stafford
A trial court erroneously applied Georgia law in a lawsuit brought by a truck driver injured in a collision in West Virginia, but correctly applied Indiana law yielded the same result, the Indiana Court of Appeals ruled Thursday.
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Owners of foul-smelling washing machines granted class certification by 7th Circuit

November 14, 2012
Marilyn Odendahl
The 7th Circuit Court of Appeals in Chicago has granted class certification to owners of odor-emitting Kenmore washers, allowing their lawsuit against Sears, Roebuck and Co. to go forward. 
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Zoeller, Merritt tour campuses, promote Lifeline law

November 14, 2012
The Indiana state senator who sponsored a law that aims to protect minors from arrest when they seek medical attention for alcohol-related emergencies is joining Indiana Attorney General Greg Zoeller in spreading the word on college campuses.
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COA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing

November 14, 2012
Marilyn Odendahl
A convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s contention as “pure conjecture supported by nothing in the record.”
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Divided COA allows suit after wage claim fails at Department of Labor

November 14, 2012
Dave Stafford
A worker who left employment at a Columbus construction company may pursue his wage claim in court after his complaint had been assigned to the Indiana Department of Labor, a divided panel of the Indiana Court of Appeals ruled.
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Supreme Court upholds trial court’s ruling on professor’s dismissal

November 13, 2012
Marilyn Odendahl
Despite a professor’s claim that he was in a joyous mood when he interacted with a colleague and his actions were harmless, the Indiana Supreme Court upheld his dismissal from his tenured teaching position.
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Rush to take lead on proposed Commission on Children, juvenile panels

November 13, 2012
Dave Stafford
Justice Loretta Rush is poised to take a leading position on matters of juvenile law and head a proposed Indiana Commission on Children, according to an order of the Indiana Supreme Court issued Tuesday.
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Supreme Court takes 2 cases, rejects 17

November 13, 2012
IL Staff
The Indiana Supreme Court took two not-for-publication cases last week and denied transfer in 17 other cases.
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Justices: COA overreached on reversing trial court custody ruling

November 13, 2012
Dave Stafford
The Court of Appeals got it wrong when it reversed a trial court custody modification in favor of a child’s father, the Indiana Supreme Court ruled Tuesday in one of the first opinions joined by Justice Loretta Rush.
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SCOTUS to hear Ball State discrimination complaint

November 12, 2012
IL Staff
A food service worker at Ball State University who claims that the college bears responsibility for racial discrimination by coworkers will have her case heard this month by the Supreme Court of the United States.
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Retired Knox County judge leaves legacy of helping youth

November 12, 2012
IL Staff
Retired Knox County judge and civic leader Edward Charles Theobald died Nov. 9.
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COA to hear challenge to sex offender monitoring program

November 12, 2012
IL Staff
An Allen County man’s argument that the state’s Sex Offender Management and Monitoring Program is unconstitutional will be heard Tuesday by a panel of the Indiana Court of Appeals.
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Feds charge 8 more NW Indiana gang members

November 9, 2012
IL Staff
Federal prosecutors on Friday charged eight alleged Imperial Gangsters street gang members in a 41-count indictment that expands on previous homicide and drug trafficking charges.
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Five indicted on Medicaid fraud charges

November 9, 2012
Dave Stafford
Federal prosecutors this week indicted five people and three affiliated companies on charges of defrauding Medicaid of millions of dollars, according to the office of U.S. Attorney for the Northern District of Indiana David Capp.
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Appeals court finds for insurer in worker’s comp case where victim’s mother died

November 9, 2012
Dave Stafford
The mother of an injured worker whose estate claims she died due to emotional distress caused by an insurer’s handling of her son’s case cannot directly sue the insurer before exhausting the regulatory process, the Indiana Court of Appeals ruled Friday.
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IndyBar to offer free legal advice Nov. 13

November 9, 2012
IL Staff
Attorneys from the Indianapolis Bar Association will offer free legal advice through Legal Line, a call-in service, from 6 to 8 p.m. Tuesday. The number to call is 317-269-2000.
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Man not required to register in Indiana for Illinois crime

November 8, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled it’s a violation of the ex post facto provision of the state’s constitution to require a man who committed a sex crime in Illinois, but now lives in Indiana, to register in Indiana because the laws requiring him to register in both states were enacted after he committed the crime in Illinois.
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Bankruptcy filings down across US, Indiana

November 8, 2012
IL Staff
Bankruptcy cases filed in federal courts for the 12-month period ending Sept. 30 were down 14 percent as compared to fiscal year 2011, the Administrative Office of the U.S. Courts announced Wednesday. Filings are down more than 11 percent in the Northern and Southern District courts of Indiana.
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Greenfield seminar to focus on public access laws

November 8, 2012
Attorneys can get two hours of free continuing legal education credit at a public access seminar next week in Greenfield, the last in a statewide series this year. The event is open to the public and will focus on Indiana’s public records and open government meeting laws.
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Justices take case, revise sentence

November 7, 2012
Jennifer Nelson
In a divided per curiam opinion released Wednesday, the Indiana Supreme Court granted transfer to a case and agreed that a man’s aggregate sentence for criminal recklessness and criminal mischief should be revised to four years. 
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Ex-employee wins appeal and prejudgment interest

November 7, 2012
Jennifer Nelson
A former employee is entitled to commissions owed to him after he left a real estate company, the Indiana Court of Appeals affirmed Wednesday. The judges also found the ex-employee is entitled to prejudgment interest.
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Judges order trial on couple’s responsibility to unpaid subcontractors

November 7, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a decision by a DeKalb Superior judge that Fred and Mary Anna Feitler were personally liable for unpaid bills to subcontractors on their home, which was being constructed on land owned by a trust to which they were sole beneficiaries.
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Candidate facing charges from JQC loses election

November 7, 2012
IL Staff
Tammy R. Davis, the Democratic challenger to incumbent Republican Judge Steven J. Cox of Franklin Circuit Court, appears to have lost her bid to take over Cox’s spot on the bench. According to unofficial numbers from the Indiana Secretary of State’s office Wednesday morning, Davis received around 4,500 votes; Cox received nearly 6,000 votes.
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  1. The $320,000 is the amount the school spent in litigating two lawsuits: One to release the report involving John Trimble (as noted in the story above) and one defending the discrimination lawsuit. The story above does not mention the amount spent to defend the discrimination suit, that's why the numbers don't match. Thanks for reading.

  2. $160k? Yesterday the figure was $320k. Which is it Indiana Lawyer. And even more interesting, which well connected law firm got the (I am guessing) $320k, six time was the fired chancellor received. LOL. (From yesterday's story, which I guess we were expected to forget overnight ... "According to records obtained by the Journal & Courier, Purdue spent $161,812, beginning in July 2012, in a state open records lawsuit and $168,312, beginning in April 2013, for defense in a federal lawsuit. Much of those fees were spent battling court orders to release an independent investigation by attorney John Trimble that found Purdue could have handled the forced retirement better")

  3. The numbers are harsh; 66 - 24 in the House, 40 - 10 in the Senate. And it is an idea pushed by the Democrats. Dead end? Ummm not necessarily. Just need to go big rather than go home. Nuclear option. Give it to the federal courts, the federal courts will ram this down our throats. Like that other invented right of the modern age, feticide. Rights too precious to be held up by 2000 years of civilization hang in the balance. Onward!

  4. I'm currently seeing someone who has a charge of child pornography possession, he didn't know he had it because it was attached to a music video file he downloaded when he was 19/20 yrs old and fought it for years until he couldn't handle it and plead guilty of possession. He's been convicted in Illinois and now lives in Indiana. Wouldn't it be better to give them a chance to prove to the community and their families that they pose no threat? He's so young and now because he was being a kid and downloaded music at a younger age, he has to pay for it the rest of his life? It's unfair, he can't live a normal life, and has to live in fear of what people can say and do to him because of something that happened 10 years ago? No one deserves that, and no one deserves to be labeled for one mistake, he got labeled even though there was no intent to obtain and use the said content. It makes me so sad to see someone I love go through this and it makes me holds me back a lot because I don't know how people around me will accept him...second chances should be given to those under the age of 21 at least so they can be given a chance to live a normal life as a productive member of society.

  5. It's just an ill considered remark. The Sup Ct is inherently political, as it is a core part of government, and Marbury V Madison guaranteed that it would become ever more so Supremely thus. So her remark is meaningless and she just should have not made it.... what she could have said is that Congress is a bunch of lazys and cowards who wont do their jobs so the hard work of making laws clear, oftentimes stops with the Sups sorting things out that could have been resolved by more competent legislation. That would have been a more worthwhile remark and maybe would have had some relevance to what voters do, since voters cant affect who gets appointed to the supremely un-democratic art III courts.

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