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Known loss doctrine bars claim against insurers

April 8, 2015
Jennifer Nelson
The insurers of a company that purchased property it knew was contaminated are not required to defend or indemnify the company regarding the Indiana Department of Environmental Management’s remediation action, the Indiana Court of Appeals concluded Wednesday.
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New criminal code not applicable to offenses committed prior to enactment

April 8, 2015
Jennifer Nelson
The Indiana General Assembly explicitly stated that the revised criminal code does not apply to penalties, crimes or proceedings that began before the effective date of July 1, 2014, so a man is not entitled to be sentenced under the more-favorable criminal code, the Indiana Court of Appeals ruled.
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Man sues ex-sheriff, others over probe of his father's death

April 8, 2015
 Associated Press
The son of a central Indiana man whose death was originally ruled a suicide is suing a former sheriff, a county coroner and four deputies who investigated his death.
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Former Indiana nose doctor to serve probation in Florida

April 8, 2015
 Associated Press
A former northwestern Indiana nose surgeon who pleaded guilty three years ago to 22 counts of health care fraud after disappearing while vacationing in Greece will be allowed to serve the remainder of his probation in Florida.
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Supporters: Justice Center needed now, will boost downtown Indianapolis

April 8, 2015
Dave Stafford
Representatives of legal, business and labor organizations said the proposed Marion County Criminal Justice Complex is a long-delayed and necessary development that would employ thousands and pump up downtown Indianapolis by vacating outdated jail and court facilities.
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New book aims to benefit children's advocate program

April 8, 2015
 Associated Press
Proceeds from the sales of the book "Nessy's New Home" will benefit Monroe County Court Appointed Special Advocates, a volunteer program that pairs child victims of abuse or neglect with adults who represent them in juvenile court.
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Judging how Indy elects judges

April 8, 2015
Dave Stafford
The 7th Circuit Court of Appeals posed tough questions for the state’s defense of the pay-to-play, power-sharing system of judicial slating in Marion County.
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'Candid talk' on women in law

April 8, 2015
Dave Stafford
Attorneys Bernadette Catalana and Kelly Odorisi faced jaw-dropping experiences on their paths to success, like being called “cupcake” by a judge, or being told to “act more like a man” when clearly treated differently because of their gender.
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Courts will have a central role in interpreting Indiana's amended RFRA

April 8, 2015
Marilyn Odendahl
Even before Gov. Mike Pence signed Senate Enrolled Act 101, even before the firestorm of protests started and the nation turned its attention to Indiana, the Religious Freedom Restoration Act appeared to be on its way to court.
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Neighborhood Christian Legal Clinic leader brings creativity to job

April 8, 2015
Marilyn Odendahl
Just the third executive director since the clinic opened in the Mapleton-Fall Creek neighborhood of Indianapolis in 1994, Chris Purnell was officially named to the top job in February.
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Vet: Unjust civil commitment 'takes everything' away

April 8, 2015
Dave Stafford
A Marine Corps veteran is trying to put his life back together after he was wrongly committed when a court found him gravely disabled and dangerous. His case before the Indiana Supreme Court recently reformed the requirements necessary to deprive the liberty of someone with mental illness.
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Dean's Desk: Preparing for a more specialized profession

April 8, 2015
Nell Jessup Netwon
The legal community is keenly aware of the trend toward ever-increasing specialization in the legal profession. The trend has picked up steam every year during the past decade.
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Hammerle On… 'What We Do in the Shadows,' 'It Follows'

April 8, 2015
Robert Hammerle
Bob Hammerle says "What We Do in the Shadows," a mockumentary about four vampires, is an inspiring bit of cinematic lunacy.
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7th Circuit decision provides 'well-reasoned test' for standard exclusion provision

April 8, 2015
Marilyn Odendahl
When construction on a mixed-use development project in Missouri ran short of money and eventually stopped, the “standard exclusion” included in many title insurance policies came before to the 7th Circuit Court of Appeals for another review.
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Stevenson: Construction contractor non-delegable duties: then & now

April 8, 2015
With over 200 years of history, the non-delegable duty doctrine is not likely to disappear. As with many long-standing legal principles, it will likely be molded to fit today’s complex construction world.
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Quality of Life: Take steps toward a course for new beginnings

April 8, 2015
Jonna Kane MacDougall
While some behaviors may have helped us progress through life at one time, often they become limiting as we develop and mature. There are ways to change these patterns – to create new internal responses or maps, so to speak, so that you will move in a different direction from your old way of being.
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Start Page: Tips to reduce email notification distraction

April 8, 2015
Seth Wilson
Love it or hate it, email is here to stay. With electronic filing, more of our practice becomes electronic every day.
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Waggoner: What I’ve learned from lawyers gone bad

April 8, 2015
Recent news of Hoosier attorneys donating $100,000 to the victims of disgraced Indiana lawyer Bill Conour prompts several thoughts about bad lawyers and the consequences for those victims.
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Elder law matures

April 8, 2015
Dave Stafford
Claire Lewis has been an elder law attorney since before there was such a thing. She can recall a time when people would have asked what she was talking about if she described that as her profession.
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Senate panel approves repeal of construction wage law

April 7, 2015
 Associated Press
Indiana's practice of having local boards set wages for public construction projects would be repealed under a GOP-led push that Senate committee members approved Tuesday, a move opponents say could have a negative impact on the industry's workforce.
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Magistrate opening in Allen County

April 7, 2015
IL Staff
Allen Superior Court has announced an opening for a magistrate in the criminal division.
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Enhancements for different offenses are permissible

April 7, 2015
Marilyn Odendahl
A drunken driver handed a stiff sentence for repeated offenses was unable to convince the Indiana Court of Appeals his penalty was an improper double enhancement.
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Convicted murderer who claims innocence loses PCR appeal

April 7, 2015
Dave Stafford
A man convicted of a 1993 murder in southern Indiana was not wrongly denied post-conviction relief on his argument that his lawyer was ineffective for failing to recommend he take a plea deal, among other things.
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IU Maurer professor remembered for criminal justice work

April 7, 2015
Jennifer Nelson
A longtime professor at Indiana University Maurer School of Law is being remembered as a ‘crusader for justice’ by those he worked with and taught. 
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One test enough to uphold methamphetamine conviction

April 7, 2015
Marilyn Odendahl
Despite a second test not being conducted to confirm the presumptive findings, a Cass County man’s drug conviction was upheld after the Indiana Court of Appeals found the state had established reliability of the test performed.
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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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