Latest News

New group aims to prevent many from enetering juvenile justice system

January 2, 2013
Marilyn Odendahl
A number of federal and state agencies along with nonprofit organizations are working to help regain the youths’ footing after they stumble into trouble. Now, a new nonprofit has been formed with a focus on preventing children and teenagers from entering the juvenile justice system.
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Civics program helps turn students into lawyers

January 2, 2013
Marilyn Odendahl
Without the We the People program, Adam Packer might be conjugating Latin verbs rather than serving as general counsel at the Indiana Gaming Commission.
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Public-record email case focuses on scope of requests

January 2, 2013
Dave Stafford
A dustup over access to public records reveals an uncertain standard exists for what is considered a reasonable request to disclose public officials’ emails under Indiana public record laws.
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Specialized units target Medicare, Medicaid swindlers in Indiana

January 2, 2013
Dave Stafford
Inside an unmarked building in a nondescript office park in Castleton is a burgeoning, multi-million-dollar legal enterprise. Its mission: cracking down on Medicaid fraud.
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Court cites fishy documents in reversing support order

December 28, 2012
Dave Stafford
A Marion Superior judge had no jurisdiction to enter a judgment against a father stating he owed $27,522 in support to his children’s mother, because Canadian court documents and other filings should not have been considered, the Court of Appeals ruled.
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Vintage Corvette belongs to the last buyer

December 28, 2012
Marilyn Odendahl
Although a 1965 Chevrolet Corvette was the subject of litigation over ownership when it was purchased by a third party on eBay, the Indiana Court of Appeals has found the hotrod belongs to the eBay bidder.
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Duke loses appeal of scandal-touched IURC rate case reversal

December 28, 2012
Dave Stafford
The Indiana Utility Regulatory Commission’s reversal and subsequent rejection of deferred accounting of $11.9 million for Duke Energy was affirmed by the Court of Appeals Friday in a case revisited because of an ethics scandal involving state regulators.
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Rush robing completes Supreme Court transition

December 28, 2012
Dave Stafford
Justice Loretta Rush formally was robed the 108th justice of the Indiana Supreme Court on Friday, the third member of the five-member court appointed by Gov. Mitch Daniels.
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Public interest in reducing poverty is grounds for application of doctrine of laches

December 27, 2012
Marilyn Odendahl
In overturning a lower court’s ruling, the Indiana Court of Appeals opened the door for the doctrine of laches to be applied to the Indiana Bureau of Motor Vehicles by finding the suspension of a Bloomington woman’s driving privileges conflicts with the public’s interest in reducing poverty.
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Testy divorce remanded for recalculation

December 27, 2012
Dave Stafford
A divorce order that satisfied neither party was sent back to the trial court for recalculation of several provisions.
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Man argues the sentencing guidelines were applied incorrectly

December 27, 2012
Marilyn Odendahl
A Wisconsin man who used a stolen Indiana driver’s license to obtain a passport had his sentence affirmed by the 7th Circuit Court of Appeals which held certain provisions in the sentencing guidelines should be applied differently depending on the circumstances.
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Supreme Court denies 17 cases for transfer

December 27, 2012
IL Staff
Last week, the Indiana Supreme Court only took one case on transfer, which it ruled on Dec. 19. The justices declined to take 17 other cases.
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COA affirms ruling in suit brought after fatal train accident

December 27, 2012
Dave Stafford
The trial court did not err in concluding that a genuine issue of material fact exists as to whether federal preemption applies with respect to the adequacy of the traffic warning devices installed at a railroad crossing where a fatal accident occurred in 2009, the Indiana Court of Appeals affirmed Thursday.
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Appeals court reinstates injured motorist’s claim against insurer

December 27, 2012
Dave Stafford
A driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court of Appeals on Thursday.
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Price of postage is not enough for 7th Circuit to review NLRB's ruling

December 27, 2012
Marilyn Odendahl
The cost of a postage stamp was not enough for Beck objectors to request a refund from their unions, the 7th Circuit Court of Appeals has ruled.
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Appeals court upholds Medicaid fraud charges

December 27, 2012
Dave Stafford
A woman charged with defrauding Indiana’s Medicaid program of nearly $350,000 lost the appeal of her partial motion to dismiss the charges.
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Sensient settles over use of 'popcorn lung' chemical

December 27, 2012
Scott Olson
Sensient Flavors LLC will pay a smaller fine in exchange for agreeing to reduce the amount of a chemical it uses at its Indianapolis plant, as part of a settlement it has reached with state regulators.
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Snow forces court, office closures

December 26, 2012
Jennifer Nelson
Many people in Indiana may be enjoying an extra-long Christmas vacation thanks to blizzard-like conditions in parts of the state. Heavy snow and high winds have led to closures, including Indiana’s appellate courts.
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Comments being accepted on bankruptcy local rules

December 26, 2012
IL Staff
The judges of the U.S. Bankruptcy Court for the Southern District of Indiana are considering amendments to two local rules: B-4001-3 and B-4008-1.
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Man’s child molesting conviction upheld

December 21, 2012
Jennifer Nelson
The Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
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COA upholds cocaine convictions, sentence

December 21, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered jury instruction.
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Judges affirm criminal recklessness conviction

December 21, 2012
Jennifer Nelson
Someone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals held in a first impression case.
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3 charged in Indianapolis home explosion

December 21, 2012
Jennifer Nelson
Marion County Prosecutor Terry Curry announced Friday that three people have been arrested in connection with a home explosion in an Indianapolis suburb that killed two people last month and damaged dozens of homes.
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Supreme Court denies Star appeal in online commenter case

December 21, 2012
Dave Stafford
The Indiana Supreme Court on Thursday denied transfer in The Indianapolis Star’s appeal of an order that it identify a person who posted an anonymous online comment that has been included in a defamation suit.
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Judge rules law doesn’t require schools to bus students

December 21, 2012
Jennifer Nelson
A Marion County judge ruled in favor of Franklin Township Community School Corp. on a lawsuit filed by parents after the school contracted its bus transportation services to an outside organization that charged students to ride.
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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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