Latest News

Woman’s suit against hospital for disparaging comments revived by COA

September 26, 2014
Jennifer Nelson
A trial court erred when it dismissed a woman’s intentional infliction of emotional distress claim filed against Community Hospital after she says staff made derogatory comments regarding her situation after she was brought in unconscious and under the influence of a date rape drug.
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Court: Father’s failure to timely register implies consent to adoption

September 26, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the adoption of a child by the maternal grandfather after finding the purported father irrevocably implied consent after failing to timely register with the Indiana Putative Father Registry.
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COA: Letter satisfied notice requirements after city damages pipeline

September 26, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of the city of Plymouth’s motion to dismiss an administrative action against it stemming from damages it caused to an underground natural gas pipeline. The appeals court found the Indiana Utility Regulatory Commission satisfied the statutory and administrative requirements concerning notice of the violation and recommended penalties.
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Access counselor doubts city's need for secrecy on justice center RFP

September 26, 2014
Kathleen McLaughlin
Indiana Public Access Counselor Luke Britt told the city of Indianapolis that he wasn't swayed by its reasons for withholding its request for proposals for a new $500 million criminal justice complex.
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Program gets $1 million US grant to mentor ex-cons

September 26, 2014
 Associated Press
An Indianapolis nonprofit is receiving a $1 million Department of Justice grant to mentor released prison inmates who are mothers and fathers.
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Annexation called ‘legalized bullying’ during interim study committee meeting

September 25, 2014
Marilyn Odendahl
Property owners told Indiana legislators Sept. 24 that despite the General Assembly’s continual tinkering with the state’s annexation statute, the process still favors municipalities by giving them all the power to take the land they want without considering the owners’ wishes.
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COA orders trial over whether trucking company must pay for highway damage

September 25, 2014
Jennifer Nelson
The crash report prepared after a fatal trucking accident on Interstate 70 that resulted in damage to the highway should not have been included as evidence in the state’s lawsuit seeking recovery of the money it spent repairing the highway, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed summary judgment in favor of the state and ordered the matter proceed to trial.
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Justices affirm adoption despite father’s untimely appeal

September 25, 2014
Jennifer Nelson
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
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1,291-day delay in holding trial requires reversing conviction

September 25, 2014
Jennifer Nelson
The “unduly long delay” in bringing a man to trial on a charge of child molesting – 1,291 days – violated his constitutional right to a speedy trial and requires reversing his conviction, the Indiana Supreme Court ruled Wednesday.
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Child services investigators claim unpaid overtime

September 25, 2014
 Associated Press
Two Indiana Department of Child Services investigators say in a lawsuit that they've had to work extensive overtime without receiving required overtime pay.
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White House says Holder resigning as attorney general

September 25, 2014
 Associated Press
Eric Holder, who served as the public face of the Obama administration's legal fight against terrorism and pushed to make the criminal justice system more even-handed, is resigning after six years on the job. He is the nation's first black attorney general.
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Second suit filed over Wal-Mart PCB contamination

September 25, 2014
IL Staff
A second lawsuit has been filed as a result of toxic contamination discovered at an Indianapolis Wal-Mart return center.
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Former sheriff’s deputies lose suit challenging promotion process

September 24, 2014
Jennifer Nelson
Because the phrase “shall endeavor” should be read to mean one shall try, the Indiana Court of Appeals rejected two Indianapolis Metropolitan Police Department officers' arguments that they should have been promoted to captain. The two claimed because they were former sheriff’s deputies, the consolidation of the sheriff’s and city police departments in 2006 required their promotions to maintain proportional representation.
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Bankruptcy Court to hold ceremony for retiring judge

September 24, 2014
Jennifer Nelson
The United States Bankruptcy Court for the Southern District of Indiana is hosting a private retirement ceremony Thursday in honor of Judge James K. Coachys, who is retiring Sept. 30.
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State's way of paying public defenders debated

September 24, 2014
 Associated Press
The state pays the salaries of its judges and prosecutors, but public defenders are paid by counties that are only partially reimbursed for their costs — an approach that some including the executive director of the Indiana Public Defender Council want to see changed.
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The traditional suit still rules when in court

September 24, 2014
Marilyn Odendahl
The decision by one Indiana attorney to not wear socks in the courtroom has sparked a discussion among lawyers about professional dress codes. Shined shoes, closed-toe pumps, crisp shirts and blouses, pants, skirts and jackets are the closet staples of lawyers. While the business world has gone casual, pitching the tie and welcoming sandals in some cases, the legal profession has largely remained true to conservative business attire.
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Line blurs on intoxication

September 24, 2014
Dave Stafford
Convictions for public intoxication don’t just require being pickled in public anymore. An inebriated person now has to do something else, but conduct elements added to the criminal statute in 2012 have blurred what constitutes a misdemeanor.
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Little-known Indiana baseball roots rediscovered in lawyer’s exhibit

September 24, 2014
Dave Stafford
Baseball once was Indiana’s game, and attorney Scott Tarter has a major-league passion about preserving its rightful, if obscure, place in history.
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Bingham Greenebaum Doll celebrates influential century

September 24, 2014
Dave Stafford
Longtime lawyers say the firm's legacy positions it for more growth.
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Representation is imperative to due process for immigrants

September 24, 2014
Marilyn Odendahl
The cases involving immigrant children coming to the U.S. from Central America are creating more need for pro bono legal representation and are highlighting an area of asylum law that the courts struggle to clearly define.
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Mentally ill inmates straining jail and DOC resources

September 24, 2014
Marilyn Odendahl
An interim legislative committee is examining the need for treatment options but is unsure if funding will be available.
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A place for community mediation

September 24, 2014
Dave Stafford
While the state hasn’t funded community mediation centers, a few providers offer limited services.
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Dealing with differing perceptions of reality

September 24, 2014
Marilyn Odendahl
Mediators say parties don’t always see facts the same way, but a "truth rule" could harm the confidentiality of the process.
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Bell: 3 things to know about reporting pro bono hours

September 24, 2014
James Bell
Ready or not, Rule 6.7 of the Indiana Rules of Professional Conduct will hit the books Jan. 1, 2015. This rule will require an attorney to report his or her pro bono hours at the time of annual registration.
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DTCI: Deciphering the new Administrative Rule 9(G)

September 24, 2014
From DTCI
On Sept. 8, the Indiana Supreme Court issued an order amending the Administrative Rules, wherein it adopted most of the proposed changes and added some requirements to Rule 9(G). These amendments take effect Jan. 1, 2015.
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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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