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Warrantless search based on smell does not violated 4th Amendment

July 28, 2014
Marilyn Odendahl
Despite the absence of danger to the public, the strong odor of raw marijuana provided the probable cause a police officer needed to conduct a warrantless search.
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COA rules grandparent visitation order prejudiced father

July 28, 2014
Dave Stafford
A father who asked the trial court for a continuance to hire a lawyer after he realized his child’s grandparents had hired an attorney was prejudiced when the request was denied, the Indiana Court of Appeals ruled Monday.
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Prisoner wins right to recruit counsel in federal civil suit

July 28, 2014
Dave Stafford
A prisoner was improperly denied counsel to help with discovery in his federal lawsuit that claimed a medical provider was deliberately indifferent to glaucoma that ultimately required removal of part of his eye.
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7th Circuit rejects prisoner’s ineffective assistance appeal

July 28, 2014
Dave Stafford
A man convicted of attempted murder failed to convince a panel of the 7th Circuit Court of Appeals that he suffered sufficient prejudice to warrant relief from a 90-year sentence imposed after a brutal crime.
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7th Circuit affirms dismissal of Indianapolis wrongful arrest suit

July 28, 2014
Dave Stafford
A plaintiff who judges say took a “kitchen sink” approach to litigation over an alleged wrongful arrest failed to convince the 7th Circuit Court of Appeals that a federal judge in Indianapolis improperly dismissed most of her complaint.
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Court rules stun gun is deadly weapon under battery statute

July 28, 2014
Dave Stafford
The battery with a deadly weapon conviction of a man who attacked a resident manager at a Noblesville trailer park with a metal pipe and a stun gun was affirmed by the Indiana Court of Appeals Monday.
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Non life-threatening injury gets aggravated battery conviction reversed

July 28, 2014
Marilyn Odendahl
A defendant who shot at a car with a semiautomatic rifle, causing a bullet to graze the driver, did not commit Class B felony aggravated battery because the injury inflicted upon the victim did not create a substantial risk of death.
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Donate school supplies through IndyBar July 30

July 28, 2014
IL Staff
The Indianapolis legal community is making a final push to help youngsters get the supplies they need as they head back to the classroom.
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Hogsett joining Bose McKinney & Evans

July 28, 2014
IL Staff
Outgoing U.S. Attorney Joe Hogsett will join the Indianapolis law firm of Bose McKinney & Evans LLP, effective Aug. 1, the firm announced in a news release Monday.
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7th Circuit denies en banc motion in same-sex marriage challenge

July 25, 2014
Marilyn Odendahl
The 7th Circuit Court of Appeals denied the state’s motion and will seat the standard three-judge panel when it hears oral arguments next month on Indiana’s same-sex marriage lawsuits.
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Employee's auto accident on way home from business meeting not company's fault

July 25, 2014
Marilyn Odendahl
A company whose employee hit and killed another motorist after having dinner and drinks with a client is not liable because the employee was “going and coming” from work when the tragedy occurred, the Indiana Court of Appeals ruled.
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Plaintiffs say they joined same-sex marriage lawsuit because ‘We wanted to be married’

July 25, 2014
Marilyn Odendahl
Although oral arguments in the Indiana same-sex marriage lawsuits will not be heard until late August, plaintiffs in one of the cases are hoping the 7th Circuit Court of Appeals acts quickly so their challenge can be heard by the Supreme Court of the United States.
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COA reverses ruling against Carmel in building dispute

July 25, 2014
Dave Stafford
A Carmel couple who successfully sued the city that at first permitted construction of an accessory building that neighbors later complained was taller than zoning codes allowed lost Friday at the Indiana Court of Appeals.
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Additional public defender fees without hearing affirmed

July 25, 2014
A man who appealed a court order that he pay fees in excess of the statutory public defender fee capped at $100 lost his appeal, though one judge said the trial court must hold a hearing on the defendant’s ability to pay.
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State asks judge to delay right-to-work ruling

July 25, 2014
 Associated Press
The Indiana attorney general's office has asked a judge to put on hold his order striking down the state's right-to-work law.
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Woman’s burglary conspiracy conviction affirmed

July 25, 2014
Dave Stafford
The Indiana Court of Appeals Friday affirmed the conviction of a correctional officer who played a role in arranging the burglary of a safe from a friend’s home.
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Supreme Court lets lawyer’s suit against Duke Realty proceed

July 25, 2014
Dave Stafford
The Indiana Supreme Court summarily affirmed a Court of Appeals ruling that a jury should decide whether a real estate company intentionally induced a law firm to terminate an attorney’s partnership agreement as the result of a dispute over a land agreement.
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Appeals court affirms denial of post-conviction relief

July 25, 2014
Dave Stafford
A man who was represented by a law student at his guilty plea hearing and claimed he received ineffective assistance of counsel could not persuade a panel of the Indiana Court of Appeals to reverse a denial of his petition for post-conviction relief.
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Judge orders federal defender to turn over Conour funds

July 24, 2014
Dave Stafford
A judge has ordered Indiana Federal Community Defenders Inc. to turn over money it is holding in a trust account belonging to convicted fraudster and former attorney William Conour.
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Attorney general sues 7 accused foreclosure relief scammers

July 24, 2014
IL Staff
Indiana Attorney General Greg Zoeller filed lawsuits Wednesday against seven companies for allegedly operating fraudulent mortgage rescue or loan modification schemes, scamming Hoosiers out of more than $14,000 in fees. The suits are a part of a nationwide sweep against foreclosure relief scammers.
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Ex-IMPD officer claims juror misconduct, denied due process

July 24, 2014
Jennifer Nelson
The former Indianapolis police officer convicted of killing one motorcyclist and injuring two others when he hit them while driving his patrol car in 2010 argues in his brief filed Wednesday that he is entitled to a new trial.
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Lake Co. judge strikes down Indiana right-to-work

July 24, 2014
 Associated Press
A Lake County judge struck down Indiana's right-to-work ban on certain union fees in a second legal blow to the contentious law passed in 2012.
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Judge rules against residents in lawsuits over hog smell

July 24, 2014
 Associated Press
A judge has ruled state law protects four large hog farms from lawsuits filed by residents of an eastern Indiana county who complained about waste and foul smells from their operations.
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Summary judgment proper on issue of causation, COA rules

July 23, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed summary judgment in favor of a doctor sued by a patient who claimed a delay in a diagnosis caused him to have increased pain and problems. The evidence doesn’t establish a genuine issue of material fact on the issue of causation.
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Man can be charged for failing to register in 2 counties

July 23, 2014
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial on a charge of failing to register as a sex offender in Vanderburgh County, ruling that a man can be charged in that county even though he pleaded guilty to failing to register in a different county based on the same move.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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