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Federal court rules amendments take effect

December 2, 2014
IL Staff
Federal Rules of Practice and Procedure amendments took effect Monday governing the appellate, civil, bankruptcy and evidence rules.
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Justices weigh free speech rights, Facebook threats

December 1, 2014
 Associated Press
The Supreme Court of the United States struggled Monday over where to draw the line between free speech and illegal threats in the digital age.
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Evidence of felon’s gun tattoo not error

December 1, 2014
Dave Stafford
A defendant who took the stand in his federal trial for felony firearm possession failed to convince the 7th Circuit Court of Appeals Nov. 26 that the evidence of his gun tattoo should not have been admitted.
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MCBA ‘saddened and disappointed’ by grand jury decision in Ferguson shooting

December 1, 2014
Marilyn Odendahl
Saying the justice system has failed the African-American community, the Marion County Bar Association has denounced the Ferguson, Missouri, grand jury’s decision in the shooting death of an unarmed teenager.
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Statements by insurance provider do not constitute defamation, COA rules

December 1, 2014
Marilyn Odendahl
A surgery center’s defamation claim that an insurance provider was making false statements purposefully to harm the center’s business reputation was dismissed because the communication did not allege any misconduct in business practices or trade. 
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Otte to retire as S.D. bankruptcy judge

December 1, 2014
IL Staff
Judge Frank J. Otte will retire at the end of 2014 after 28 years on the U.S. Bankruptcy Court for the Southern District of Indiana.
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Southern District amends filing under seal, pro se notice rules

December 1, 2014
IL Staff
Federal court rules for the Southern District of Indiana pertaining to filing documents under seal and providing notice to pro se litigants will be amended effective Jan. 1, 2015, Clerk Laura Briggs announced.
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Eagle Creek deer hunt goes forward

November 26, 2014
Dave Stafford
A city-sponsored deer hunt at Indianapolis’ Eagle Creek Park will proceed this weekend after a judge refused to block the first such hunt in the park’s history.
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Enhancement to sentence upheld by COA

November 26, 2014
Marilyn Odendahl
Finding Indiana’s criminal gang enhancement statute can be understood by individuals of ordinary intelligence, the Indiana Court of Appeals rejected a man’s challenge to his 175-year aggregate sentence.
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Allegation of conspiracy not enough to support civil conspiracy claim

November 26, 2014
Marilyn Odendahl
A parts supplier failed to convince the Indiana Court of Appeals that a civil conspiracy claim against several co-defendants named in a breach of contract dispute can stand without showing every alleged conspirator committed an underlying unlawful act.
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Appeals panel offers direction to abusive pro se litigant

November 26, 2014
Dave Stafford
The Indiana Court of Appeals has heard about enough from pro se litigant Eddie G. Love.
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Man convicted of brutal beating loses appeal despite errors

November 26, 2014
Dave Stafford
A man who was convicted of the brutal beating of his stepfather lost an appeal Wednesday that argued his 2008 traumatic brain injury, prosecutorial misconduct and other factors should have reversed or mitigated his 20-year sentence.
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COA reverses custody evaluation granted to grandparents

November 26, 2014
Dave Stafford
A trial court that expressed in the record reservations about the legal status of granting a visitation evaluation sought by grandparents of children in the care or another grandparent had those doubts confirmed Wednesday when the Court of Appeals reversed.
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St. Joseph County’s proposed abortion doctor law stalls

November 26, 2014
 Associated Press
A push in South Bend to require doctors who perform abortions to have admitting privileges at a local hospital has stalled.
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Man gets 11 years for $1M copper wire theft

November 26, 2014
 Associated Press
A northern Indiana man who admitted to stealing $1 million worth of copper wire from a recreational vehicle plant where he worked has been sentenced to 11 years in prison.
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Justice Ginsburg undergoes heart surgery

November 26, 2014
 Associated Press
Supreme Court of the United States Justice Ruth Bader Ginsburg has had surgery to place a stent in her right coronary artery.
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Tax Court records migrating to Odyssey

November 25, 2014
IL Staff
Indiana Tax Court records will migrate to the Odyssey case management system effective Dec.1, the first state appeals court to transfer records to the system. Records will be available at no charge online at mycase.in.gov.
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Constitutional guarantee at issue in Supreme Court bus fee case

November 25, 2014
 Associated Press
Indiana Supreme Court justices quizzed lawyers in a case over school busing fees Monday about the limit of the state's constitutional guarantee of a free public education.
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Indiana Tech names new law school dean

November 25, 2014
Marilyn Odendahl
Indiana Tech Law School has tapped Charles Cercone to serve as dean, concluding a search that began in May.
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$1.75B justice center could stretch budgets

November 24, 2014
Kathleen McLaughlin
Mayor Greg Ballard's office has said the city intends to pay no more than about $50 million a year over 35 years for a proposed criminal justice facility, bringing the cost to about $1.75 billion.
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Volunteers needed for civics contest and law student competitions

November 24, 2014
Volunteers are needed to help judge students learning about Democracy and studying to be future lawyers.
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Perjury voids conviction; COA refers prosecutor for discipline

November 24, 2014
Dave Stafford
A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action against a prosecutor.
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Evidence does not support grandparent visitation order, COA rules

November 24, 2014
Marilyn Odendahl
Finding the evidence did not support the trial court’s ruling, the Indiana Court of Appeals tossed a visitation order in favor of the maternal grandparents.
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Indiana Supreme Court hearing bus fees case

November 24, 2014
 Associated Press
Indiana Supreme Court justices quizzed lawyers in a school busing fee case about the limit of the state's constitutional guarantee of a free public education.
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COA revises neglect of dependent conviction stemming from boy’s death

November 21, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s murder conviction following the death of his girlfriend’s son after he seriously injured the boy while punishing him. But the court reversed his Class B felony neglect of a dependent conviction based on double jeopardy concerns.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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