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Refusal to give jury instruction not harmless error

December 5, 2012
Jennifer Nelson
A trial court’s error in refusing to give a defendant’s tendered self-defense and resistance of unlawful force instructions during his trial was not harmless and requires the man’s conviction of Class D felony resisting law enforcement be overturned, the Indiana Court of Appeals held Wednesday.
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Mother’s consent to adoption not required

December 5, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the decision by the Wabash Circuit Court to deny a father and his wife’s petition to allow his wife to adopt his minor child, finding the biological mother’s consent is not required.
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Court split over valid ID requirement for name change

December 5, 2012
Jennifer Nelson
The Court of Appeals concluded Wednesday that the trial court erred when it required a valid driver’s license or state identification card as a prerequisite to grant a petition for a name change under Indiana Code 34-28-2, but split over whether an elderly man can change his name because he’s never had a valid state-issued ID.
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Strategic planning needed to improve child services

December 5, 2012
Dave Stafford
Justice Loretta Rush says a unified commission on children can bring stakeholders together and improve outcomes.
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Lawmakers to look at marijuana penalties

December 5, 2012
Marilyn Odendahl
There's a growing appetite by some in the Legislature for leniency.
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Possible end of tax credit leaves future renewable energy sources up in the air

December 5, 2012
Dave Stafford
Newton County lawyer Dan Blaney has a blunt reaction to the potential end of a federal subsidy that has enabled the rise of wind energy in his part of the state. “We’re in trouble,” he said.
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Drought fuels renewed drive for a statewide water policy

December 5, 2012
Marilyn Odendahl
The Indiana Chamber of Commerce is finding that there is nothing quite like a dry, arid, hot summer to spark people’s interest in water.
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Indiana justices consider constitutional challenge to Choice Scholarship Program

December 5, 2012
Dave Stafford
Indiana’s test case for school vouchers could have implications for other states, legal observers said after the state Supreme Court heard oral arguments in a case that challenges the constitutionality of school vouchers.
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Hybrid office solutions giving attorneys new ways to practice

December 5, 2012
Marilyn Odendahl
Attorneys are opting out of the long-term commitment of buying and renting space for "virtual" offices they use a few times a month.
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From Indy, Ogletree Deakins goes global

December 5, 2012
Dave Stafford
Managing shareholder Kim Ebert drives strategy as the firm joins international practitioners.
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Indiana Judges Association: Do media measure up in court coverage?

December 5, 2012
David Dreyer
We judges are obligated to actually ignore popular opinion or preference and apply the law, but we are further constrained to not discuss our decisions on talk shows or interviews. Yet, public confidence in courts is more important than any other branch of government because people need to believe in us or they will not believe or obey our rulings.
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Federal court stays Roy Lee Ward’s execution

December 4, 2012
Dave Stafford
A federal appeals court judge Tuesday granted a stay of execution for an Indiana man convicted of the torturous rape and murder of a 15-year-old girl.
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Conour still without counsel

December 4, 2012
Dave Stafford
Ex-attorney William Conour still has not secured legal counsel in his federal wire fraud case, he told Chief Judge Richard Young during a status hearing conducted by phone Tuesday.
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Resisting conviction reversed, but meth convictions stand

December 4, 2012
Dave Stafford
A man who was convicted of multiple methamphetamine felonies had his misdemeanor resisting law enforcement conviction reversed, but the Court of Appeals was not persuaded to overturn his drug convictions.
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COA affirms on rehearing its ruling against Bloomington dry cleaner

December 4, 2012
Dave Stafford
The Indiana Court of Appeals rejected on rehearing a Bloomington dry cleaner’s request that it reconsider its August ruling that went against him.
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King Celebration to place special emphasis on community service

December 4, 2012
IL Staff
Two new activities promoting public service will be part of the 22nd Annual Dr. Martin Luther King Jr. Indiana Holiday Celebration and Youth Summit.
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IU professor helps get pesky scrivener’s error removed from Trademark Act

December 4, 2012
IL Staff
One pesky scrivener’s error that altered the protection provided by the Trademark Dilution Revision Act of 2006 has been corrected thanks to the efforts of an Indiana University professor.
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COA rehearing restates trial court survey remedies

December 4, 2012
IL Staff
The Indiana Court of Appeals granted rehearing in a Starke County case in which the reliability of a survey is at issue.
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Retired Supreme Court justice joins Indiana Business Law Survey Commission

December 3, 2012
IL Staff
Retired Indiana Supreme Court Justice Frank Sullivan Jr. has been appointed to the Indiana Business Law Survey Commission.
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7th Circuit affirms drug conspiracy judgments, cautions prosecution

December 3, 2012
Dave Stafford
Nine defendants who were convicted in federal court of drug conspiracy for distributing methamphetamine and marijuana will continue to serve their sentences after the 7th Circuit Court of Appeals affirmed the judgments but issued cautions for federal prosecutors.
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Religious bent of Indiana’s marriage statute is not unconstitutional, federal court rules

December 3, 2012
Marilyn Odendahl
The Center For Inquiry, a non-profit that promotes a secular society based on science and reason, plans to appeal a federal court’s ruling that Indiana’s Solemnization Statute is constitutional.
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Successful Durham appeal unlikely, outside lawyers say

December 3, 2012
Scott Olson
The co-owners of Fair Finance Co. who were sentenced Friday on federal fraud charges plan to appeal their convictions, lawyers for the two men say.
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Immigration cases dominate federal system, report says

December 3, 2012
IL Staff
Immigration prosecutions have surpassed those for drug crimes in federal courts, according to data released by the U.S. Sentencing Commission in its Overview of Federal Criminal Cases for Fiscal Year 2011.
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COA affirms sex offender’s removal from registry

December 3, 2012
Dave Stafford
A man convicted of rape in Pennsylvania in 1993 is not required to register as a sex offender in Indiana, the Court of Appeals affirmed Monday.
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Durham gets 50 years for fraud scheme

November 30, 2012
Cory Schouten
Tim Durham will likely spend the rest of his life behind bars after a federal judge on Friday sentenced the disgraced playboy and businessman to a 50-year prison term for defrauding Ohio investors of $250 million.
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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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