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Court upholds serious violent felon finding, despite not using term ‘SVF’

December 9, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that because a stipulation to being a serious violent felon did not use the term “serious violent felon,” the state didn’t establish that as his status.
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COA reverses syringe possession conviction due to lack of evidence

December 9, 2014
Jennifer Nelson
Because the state couldn’t prove that a man intended to use a syringe to inject a legend drug, as is required by the statute to convict him of possession of a syringe, the Indiana Court of Appeals reversed the man’s conviction. The man intended to use the syringe to inject heroin, which is not covered by the statute.
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Appeal hearing set for ex-Indiana elections chief

December 9, 2014
 Associated Press
The Indiana appeals court is set to take up former Secretary of State Charlie White's fight to overturn the voter fraud conviction that forced him from office.
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Lawyer says no plea deal in Mellencamp son's case

December 9, 2014
 Associated Press
The defense attorney for the oldest son of rock star John Mellencamp says she is seeking a pretrial hearing but no agreement has been reached for him to plead guilty to charges that he badly beat a man.
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Supreme Court inadvertently sends email to thousands of attorneys

December 8, 2014
IL Staff
Because of a human error, the Indiana Supreme Court accidently sent an email intended for a small group of attorneys to thousands of attorneys through its notification system.
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DOC credit-time policy does not result in disparate treatment

December 8, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected an inmate’s argument in his lawsuit challenging the constitutionality of the Department of Correction’s policy concerning the restoration of credit time for inmates. Because the policy does not result in disparate treatment, the judges affirmed the lower court ruling in favor of the DOC.
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Justices take molestation case that divided Court of Appeals

December 8, 2014
IL Staff
The Indiana Supreme Court has granted transfer to a Marion County case that split the Court of Appeals as to whether the man’s Class A felony conviction for molesting his girlfriend’s daughter should be upheld.
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COA reverses convictions based on ineffective appellate counsel

December 8, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s convictions of Class A felony child molesting and Class B felony sexual misconduct with a minor based on his sexual advances toward his stepdaughter when she was in junior high and high school. The judges acknowledged as a result of their decision, the stepfather won’t face any legal consequences for those actions, but the state had a duty to present sufficient evidence to support those convictions.
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Ex-prosecutor helps Ball State avert future fraud

December 8, 2014
 Associated Press
A former federal prosecutor and a CPA firm are evaluating Ball State University's internal financial controls and investment portfolio as they create a plan to prevent a repeat of two investment scams that cost the university more than $13 million.
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Inmate seeks early release in student's 1993 death

December 8, 2014
 Associated Press
An inmate convicted in the 1993 robbery and shooting death of a Ball State University student is seeking an early release from prison.
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Attorneys seek competency exam in homicide case

December 8, 2014
 Associated Press
Attorneys for a 20-year-old Fort Wayne man charged with killing a woman in a cemetery and setting her body on fire have requested mental health experts examine him to determine if he is competent to stand trial.
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Clarksville Town Court judge must resign following OWI conviction in Kentucky

December 5, 2014
Jennifer Nelson
The Indiana Supreme Court publicly reprimanded Clarksville Town Court Judge Mickey K. Weber Friday and ordered he resign from the bench, effective Dec. 31. Weber pleaded guilty earlier this year to two charges stemming from a drunken-driving incident in Louisville, Kentucky.
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Juvenile court judge makes impassioned but profane plea for funding

December 5, 2014
Dave Stafford
Marion Superior Juvenile Judge Marilyn Moores gave her colleagues several colorful expressions of her exasperation with the continuing rise in Child in Need of Services cases at the court’s executive committee meeting Friday.
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Feds drop case against former Eli Lilly scientists accused of stealing secrets

December 5, 2014
IBJ Staff, J.K. Wall
Federal prosecutors in Indianapolis dropped all charges against two scientists accused of stealing trade secrets worth $55 million from Eli Lilly and Co., according to a court motion made Friday in federal court in Indianapolis.
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Indiana gets nearly $78,000 in Sirius XM settlement

December 5, 2014
IL Staff
Some Indiana residents who have subscribed to Sirius XM Radio Inc. may be entitled to a refund following the satellite radio company’s multi-state settlement regarding claims of misleading advertising and billing practices.
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7th Circuit reverses denial of benefits, blasts ALJ’s reasoning

December 5, 2014
Jennifer Nelson
Finding several things “wrong” with an administrative law judge’s decision denying a Fort Wayne woman’s application for Social Security Income for the years prior to her turning 55, the 7th Circuit Court of Appeals reversed and remanded for further proceedings.
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Justices order adoption petitions moved to juvenile division based on local rule

December 5, 2014
Jennifer Nelson
The Indiana Supreme Court noted Thursday that the parties and both of the previous courts involved in an adoption matter were partly correct in their analyses as to where the petitions needed to be filed. But the Lake Superior Court, Civil Division should have transferred the petitions from its court to the juvenile division, where a local rule requires adoption petitions to be filed.
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Humke to lead Ice Miller as managing partner

December 5, 2014
IL Staff
Ice Miller LLP partner Steven Humke has been elected to succeed Phillip Bayt as managing partner of the AmLaw 200 firm based in Indianapolis.
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‘Disputed facts’ prevent federal judge from overturning contested abortion restrictions

December 4, 2014
Marilyn Odendahl
Conflicting opinions from medical experts has stopped a federal judge from issuing a final summary judgment in a challenge to the Indiana statute that requires non-surgical abortion clinics to have the same equipment and adhere to the same requirements as a surgical facility.
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Court erred in affirming decision new seawall must be removed

December 4, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the portion of a trial court’s order that affirmed the decision by a board of zoning appeals denying a company’s request for a variance which allowed its newly completed seawall to remain intact. The judges found Caddyshack Looper LLC demonstrated that strict application of the setback requirement will result in practical difficulties.
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Justices: Homes subject to tax sale from delinquent sewer fees

December 4, 2014
Jennifer Nelson
The Indiana Supreme Court issued two cases dealing with the same issue Thursday: whether a tax sale could be used to collect unpaid sewer bills. The justices ruled it could and reversed judgment in favor of the homeowners.
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COA orders man’s birth certificate change to reflect gender

December 4, 2014
Jennifer Nelson
The birth certificate of a person who was born a woman but now identifies as a man and has undergone extensive medical treatment for gender transition should be changed to show he is male, the Indiana Court of Appeals ruled Thursday.
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Indiana joins lawsuit over Obama’s immigration executive order

December 4, 2014
 Associated Press, Jennifer Nelson
Indiana has joined a lawsuit filed by 17 states challenging executive actions taken by President Barrack Obama on immigration last month.
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Questions exist as to whether teen furnished alcohol to other teens

December 4, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a Pittsboro man in a lawsuit alleging he was liable for the death of friend because he furnished alcohol at a party. The friend died in a car accident while riding with another teen who had consumed alcohol at the party.
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2 charged with kidnapping woman want trials moved

December 4, 2014
 Associated Press
The couple charged with holding a southwestern Indiana woman captive for two months are asking that their trials be moved to another county.
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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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