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Judge’s description not impermissible judicial testimony

August 4, 2015
Marilyn Odendahl
A Marion County judge who described the testimony to jurors as “heartfelt” did not overstep the prohibition against the judiciary acting as a witness.
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Job market somewhat improved for law school grads

August 3, 2015
Marilyn Odendahl
The National Association for Law Placement’s new analysis of the job market heralded the first rise in the employment rate in eight years for new law school graduates. However, the uptick comes with two caveats – the method for measuring employment has been tweaked which could be contributing to the better rate and the small size of the 2014 class provides an improved jobs rate despite a lower actual number of jobs secured.
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2015 conference of judicial PIOs kicks off in Indianapolis

August 3, 2015
Marilyn Odendahl
Media liaisons and judicial spokespeople from around the United States are in Indianapolis for the 2015 annual meeting of the Conference of Court Public Information Officers Aug. 3 - 5. This is the first time the conference has visited Indiana.
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7th Circuit blasts Evansville flash bang search, notes racial factor

August 3, 2015
Dave Stafford
Evansville police “committed too many mistakes to pass the test of reasonableness” in a bungled home search and are not shielded from a federal excessive force lawsuit, the 7th Circuit Court of Appeals ruled Friday.
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Denial of disability benefits remanded for better explanation

August 3, 2015
 Associated Press
A rejection of a claimant’s application for disability is being remanded after the 7th Circuit Court of Appeals found the “abstruse signals” in the denial did not sufficiently explain the reasons for disregarding new evidence.
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Feds: Action taken to fix mistakenly awarded work permits

August 3, 2015
 Associated Press
Problems have been fixed that led to about 2,100 work permits being mistakenly awarded under President Barack Obama's executive immigration action after a federal judge in Texas had put the plan on hold, the Justice Department said in newly filed court documents.
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NCAA granted stay in O'Bannon case; payments delayed

August 3, 2015
 Associated Press
The NCAA was given a respite Friday when the 9th U.S. Circuit Court delayed the implementation of possible payments to athletes for the use of their names, images and likenesses.
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Cox to join Vanderburgh Circuit Court

July 31, 2015
Marilyn Odendahl
Vanderburgh County will officially install its new magistrate with a swearing-in and robing ceremony at 9:30 a.m. Aug. 3 in the Vanderburgh Circuit Court.
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Victim’s statements were dying declaration, COA rules

July 31, 2015
Marilyn Odendahl
The Indiana Court of Appeals rejected the argument that the victim, who was shot multiple times and eventually did die, could not have made a dying declaration because paramedics repeatedly told him he would live.
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Indiana clears Planned Parenthood of wrongdoing after videos

July 31, 2015
 Associated Press
Indiana on Thursday cleared Planned Parenthood facilities that perform abortions in the state of any wrongdoing in the handling of fetal tissue.
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No evidence of officer’s injury voids restitution order

July 31, 2015
Dave Stafford
An Indianapolis trial court abused its discretion by ordering a man convicted in a physical altercation with police to pay more than $27,000 in restitution despite a lack of evidence he caused injuries that resulted in those medical bills.
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Insurer off hook in Indy strip club shooting

July 31, 2015
Dave Stafford
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.
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Shepard and Metzger making history

July 31, 2015
Marilyn Odendahl
The Indiana legal profession will celebrate a pair of firsts July 31, as two of its own receive national honors.
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Justices reinstate grandparent visitation COA deemed excessive

July 31, 2015
Dave Stafford
The Indiana Supreme Court Thursday reinstated a trial court’s grandparent visitation order that included monthly overnight visits and other visitation that the Court of Appeals ruled was excessive.
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Justices affirm molestation conviction despite vouching testimony

July 30, 2015
Dave Stafford
A man’s conviction of Class C felony child molestation was affirmed Thursday by the Indiana Supreme Court, which held that even though improper vouching testimony was admitted in error, the defendant failed to preserve the issue for appeal.
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Convictions based on ‘very same behavior’ do not violate double jeopardy

July 30, 2015
Marilyn Odendahl
A man was unable to overcome heavy precedent and convince the Indiana Supreme Court his convictions violated the state prohibition against double jeopardy.
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Trial court erred in ruling defendant waived counsel

July 30, 2015
Dave Stafford

A defendant who pleaded with a judge to try to obtain possibly exculpatory video evidence he said his public defender refused to seek did not, by his conduct, waive his right to counsel, the Indiana Court of Appeals determined Thursday.

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Tax Court stands by its original decision

July 30, 2015
Marilyn Odendahl
Reiterating the relationship between exclusion and consumption exemption, the Indiana Tax Court upheld its earlier ruling exempting Aztec Partners LLC from paying sales tax on the electricity it used.
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Northwest Indiana jurist receives state honor

July 30, 2015
Marilyn Odendahl
A Lake County judge was surprised July 29 when he received the Indiana Sagamore of the Wabash award, one of the state’s highest civil honors.
 
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Rehearing finds defendant can raise additional defenses

July 30, 2015
Marilyn Odendahl
In tweaking an earlier reversal, the Indiana Supreme Court has given the defendant the avenue to raise additional unasserted defenses.
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Judge: Indiana prisoner’s peyote suit must proceed

July 30, 2015
Dave Stafford
An Indiana inmate’s federal lawsuit claiming he has a religious right to use peyote and tobacco must proceed, a judge ruled, though she also made clear state officials may seek a motion to dismiss the case.
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Convicted wife killer gets 47 years for 2nd wife's death

July 30, 2015
 Associated Press
A LaPorte man convicted of killing a former wife in 1979 has been sentenced to 47 years for killing another wife.
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Judge: Landowners can't keep public off Lake Michigan beach

July 30, 2015
 Associated Press
A man who owns a piece of Indiana’s short stretch of Lake Michigan shoreline and said he had “complete and exclusive ownership” of its beachfront holds no such right and cannot deny the public access to that space, a judge has ruled.

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Dissenting judge implies majority reweighed evidence in custody reversal

July 29, 2015
Dave Stafford
A dissenting judge on an Indiana Court of Appeals panel that Wednesday reversed a child custody order implied the majority reweighed evidence to reach its conclusion.
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COA hands remonstrators another defeat

July 29, 2015
Marilyn Odendahl
The Indiana Court of Appeals has reversed another annexation ruling, this time finding the town of Whitestown can move forward with plans to incorporate a portion of Perry Township.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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