Latest News

7th Circuit: Recording of drug deal doesn’t taint conviction

September 10, 2013
Dave Stafford
A taped conversation between a suspected heroin dealer and a confidential informant in which a sentence was admitted into evidence was not fruit of the poison tree dooming a conviction that was supported by plenty of other evidence, the U.S. 7th Circuit Court of Appeals ruled Tuesday.
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Old expungement law turns good luck to bad

September 10, 2013
Marilyn Odendahl
A man’s good luck at never being charged with a crime despite four arrests turned bad when he tried to get his record expunged.
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Lake County judge strikes down provision in Indiana’s right-to-work law

September 10, 2013
Marilyn Odendahl
In a ruling that never used the popular term “right-to-work,” Lake Superior Court Judge John Sedia found a provision in Indiana’s 2012 labor law violated the state constitution’s ban on demanding services without just compensation.
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Molester’s imprisonment alone insufficient to bar contact with son

September 10, 2013
Dave Stafford
Serving 50 years in prison for conviction of eight counts of Class A felony child molesting, a count of Class C felony child molesting and Class C felony criminal confinement is insufficient by itself for a court to rule an incarcerated father may not have phone or mail contact with his child, a panel of the Indiana Court of Appeals ruled Tuesday.
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Man extradited from Wyoming on many charges not denied speedy trial

September 10, 2013
Dave Stafford
A man who twice escaped incarceration in Indiana and was extradited to face a multitude of charges after he was convicted in Wyoming failed to convince appellate judges he had been denied a speedy trial.
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Vigo court too hasty in tossing killer’s pro se PCR petition, panel rules

September 10, 2013
Dave Stafford
A man convicted of murder who represented himself in his post-conviction relief proceeding was wrongly denied a chance to plead his case, a panel of the Indiana Court of Appeals ruled Tuesday. The court reversed an order by Vigo Superior Judge Christopher Newton summarily denying the petition.
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Justices to take up partial consecutive sentence case

September 10, 2013
Dave Stafford
Whether state law allows a criminal defendant to receive a partial consecutive sentence may be determined by the Indiana Supreme Court, which agreed to hear a case successfully argued by a pro se litigant to the Indiana Court of Appeals.
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AG seeks to reinstate misconduct charges against former IURC chief

September 9, 2013
IL Staff
The former head of the Indiana Utility Regulatory Commission could again face criminal charges in connection with his alleged actions surrounding Duke Energy’s Edwardsport power plant in 2010.
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Volokh to argue in Brewington before justices, partake in McKinney moot court

September 9, 2013
Dave Stafford
One of the National Law Journal’s 100 Most Influential Lawyers in America will be before the Indiana Supreme Court this week to argue on behalf of a blogger convicted and sentenced for intimidating a Dearborn County judge who revoked the man’s joint custody of his children.
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7th Circuit cautions bare-bones recitation of Rule 403 insufficient

September 9, 2013
Marilyn Odendahl
A District Court’s failure to review evidence and provide a considered analysis for admitting that evidence drew an admonishment – but no reversal - from the 7th Circuit Court of Appeals.
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Fake ID using own name not aggravated ID theft, 7th Circuit rules

September 9, 2013
Marilyn Odendahl
An Indiana man who supplied a fake identification that used the recipient’s real name may not be subjected to the federal aggravated identity theft statute, the 7th Circuit Court of Appeals ruled Friday in a unanimous en banc decision.
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Friends and family tell stories of humor and admiration to honor IBF Legendary Lawyer Henry Ryder

September 9, 2013
Marilyn Odendahl

The reception honoring retired Indianapolis attorney Henry Ryder included lots of stories.
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Judges to use discretion – not checklists – when imposing sentences, 7th Circuit rules

September 6, 2013
Marilyn Odendahl

A defendant’s contention that the District Court should have considered all the mitigating factors during his sentencing was characterized by the U.S. 7th Circuit Court of Appeals as turning sentencing discussions into “checklist exercises.”

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7th Circuit reinstates mechanics’ claims of faulty trailer-support design

September 6, 2013
Dave Stafford
Complaints for damages from two mechanics that were injured by a semi trailer they were working on were partially reinstated Friday by the 7th Circuit Court of Appeals.
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Justices: Judge facing suspension may respond

September 6, 2013
Dave Stafford
A Marion Superior judge facing suspension and a 45-count disciplinary complaint has until Wednesday to respond to the suspension request, the Indiana Supreme Court said in an order issued Friday.
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‘Appeals on Wheels’ takes teacher license suspension case to Franklin

September 6, 2013
IL Staff
Franklin College will host a traveling Court of Appeals oral argument Sept. 17 in which a teacher appeals the suspension of her license by a Department of Education administrative law judge.
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Man who alarmed police near Lauren Spierer site appeals gun seizure

September 6, 2013
Dave Stafford
A man whose 51 guns were ordered seized by a judge who determined him dangerous after his behavior alarmed Bloomington police near the site where missing Indiana University student Lauren Spierer was last seen is asking the Indiana Supreme Court to return his firearms.
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Justices weigh contract dispute in $2.7 billion Rockport coal-to-gas plan

September 5, 2013
Dave Stafford
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Thursday.
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Second expungement forum to include private consultations with attorneys

September 5, 2013
IL Staff
A second public forum on Indiana’s new expungement law will include a panel discussion as well as free consultations with attorneys.
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IU McKinney author series spotlights faculty writers

September 5, 2013
IL Staff

An Indiana University Robert H. McKinney School of Law Professor will kick-off the school’s series of faculty book lectures by examining the birth of the 14th Amendment.
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IU McKinney author series spotlights faculty writers

September 5, 2013
IL Staff

An Indiana University Robert H. McKinney School of Law professor will kick-off the school’s series of faculty book lectures by examining the birth of the 14th Amendment.

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ISBA to testify about juvenile paternity before legislative commission

September 5, 2013
IL Staff
The Indiana State Bar Association is scheduled to testify during the next meeting of Indiana General Assembly’s Commission on Courts Sept. 12.
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South Bend mayor: City leads ‘open-data’ effort

September 4, 2013
Dave Stafford
South Bend Mayor Pete Buttigieg said there were plenty of reasons the city decided to embrace an open-data policy, putting as many public records as possible online with a pioneering city website, Open Data South Bend.
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Innovative court programs get funding support from Indiana Supreme Court

September 4, 2013
IL Staff
The Indiana Supreme Court has awarded more than $450,000 in court reform grants for the 2013-2014 grant cycle.
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Fort Wayne law firms merge, growing Carson Boxberger

September 4, 2013
IL Staff
The Fort Wayne law firms of Carson Boxberger LLP and Federoff Kuchmay LLP have merged, growing Carson Boxberger from a staff of 24 to 27 attorneys. The merger was effective Sept. 1.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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