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Grassroots group challenges jail plan, wants focus on jobs

November 4, 2014
Kathleen McLaughlin
A grassroots, church-based organization is trying to stir up voter interest in Marion County’s plan for a new criminal justice complex and questioning the need to expand jail capacity.
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Republicans try to preserve Indiana dominance

November 4, 2014
 Associated Press
Indiana Republicans spent more than a decade building a strong grip on Indiana's state offices, and voters headed to the polls Tuesday to decide whether they should maintain that hold.
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Survey: Corporate counsel use buying power to control costs

November 4, 2014
IL Staff
Corporate chief legal officers are using their buying power to get lower fees or alternate fee arrangements from outside counsel, and they’re also keeping more work in-house, according to the 15th annual Altman Weil Chief Legal Officer Survey.
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New judge takes Lake County bench

November 4, 2014
IL Staff
Bruce D. Parent has taken his seat on the Lake Superior Court bench.
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Justices take trio of criminal cases

November 3, 2014
Dave Stafford
The Indiana Supreme Court added three criminal cases to its docket last week.
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Judge: Heroin use is driving explosion in CHINS filings

November 3, 2014
Dave Stafford
More than 25,000 Marion County youths have been referred to juvenile court this year for adjudication as children in need of services, an increase of more than 35 percent compared to last year.
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DCS supervisor testimony did not sway case against father

November 3, 2014
Marilyn Odendahl
Allowing a child services supervisor’s hearsay testimony about a father’s fitness to retain his parental rights was, at most, a harmless error, the Indiana Court of Appeals has ruled.
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Judge rejects bid for injunction in Indianapolis judicial elections

November 3, 2014
Dave Stafford
A federal judge last week denied a request from Democratic candidates who sued to be placed on Tuesday’s general election ballot for Marion Superior judge.
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Southern District opens comment period on proposed rule changes

November 3, 2014
IL Staff
The federal court for the Southern District of Indiana will accept comments through the end of November on proposed rule changes pertaining to filing under seal and non-electronic filing.
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Summary judgment inappropriate in light of pending discovery

October 31, 2014
Marilyn Odendahl
Noting a pending discovery may still turn up answers, the Indiana Court of Appeals overturned a summary judgment and allowed a feud between former business partners to continue.
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Treatment facility that released patient information not entitled to summary judgment

October 31, 2014
Marilyn Odendahl
A man who says he is suffering negative repercussions after a mental health facility released his medical information to a family member will be able to move forward with his case in court.
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COA: Insurance agent did not have duty to advise

October 31, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of an agent and an insurance company after the owner of a pub sued them believing they owed a duty to advise that the policy the pub chose would be insufficient to cover the replacement cost of the building.
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Judges affirm county commissioners can sue attorney for legal malpractice

October 31, 2014
Jennifer Nelson
The trial court did not err in denying an attorney’s motion to dismiss a legal malpractice claim brought against him by Clark County’s Board of Commissioners and Aviation Board, the Indiana Court of Appeals ruled.
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Trial court lacked authority to order dad to pay for child’s college

October 31, 2014
Jennifer Nelson
Tackling an issue of first impression involving a request for payment of post-secondary education expenses, the Indiana Court of Appeals held that a child support order under I.C. 31-16-6-6 refers to the parties’ most recent order concerning support.
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7th Circuit will hear killer’s appeal en banc

October 31, 2014
IL Staff
The full 7th Circuit Court of Appeals will decide whether an Arkansas man on death row should die for killing a Texas woman nearly 20 years ago. The judges decided Wednesday to grant Bruce Carneil Webster’s petition for rehearing en banc.
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COA dismisses appeal as moot since inmate has been released

October 31, 2014
Jennifer Nelson
Because a man who was sent to the Department of Correction after his community corrections placement was revoked has been released from prison, his appeal is moot, the Indiana Court of Appeals ruled Friday.
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Judges dismiss appeal of small claims judgment as untimely

October 31, 2014
Jennifer Nelson
Finding an auto dealer untimely appealed the denial of his motion to correct error regarding a judgment in favor of a buyer, the Indiana Court of Appeals dismissed the appeal.
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Trial of surgeon in murder plot may be moved

October 31, 2014
 Associated Press
A northern Indiana surgeon accused of plotting to kill his ex-wife and make it look like suicide could get a change of venue for his upcoming trial.
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Woman convicted in deadly wrong-way crash appears in court

October 31, 2014
 Associated Press
Attorneys for an Indianapolis woman convicted of killing six children and a 40-year-old man in a head-on traffic collision asked a judge for a new trial Thursday, arguing in part she had inadequate legal counsel.
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Indiana's high court hears IBM welfare case

October 30, 2014
 Associated Press
Indiana's Supreme Court justices grilled attorneys for the state and IBM Corp. on Thursday about the company's failed attempt to privatize Indiana's welfare services, which prompted the state to cancel IBM's $1.3 billion state contract less than three years into the 10-year deal.
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Southern District accepting applications for new part-time magistrate

October 30, 2014
IL Staff
A part-time magistrate position has become available in the New Albany location of the U.S. District Court for the Southern District of Indiana, thanks to authorization from the Judicial Conference of the United States.
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Judges reverse teen’s adjudication for resisting law enforcement

October 30, 2014
Jennifer Nelson
Citing lack of evidence, the Indiana Court of Appeals reversed an Indianapolis teen’s adjudication as a juvenile delinquent for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. None of his actions suggested any criminal activity was afoot.
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Man didn’t prove ineffective assistance of counsel

October 30, 2014
Jennifer Nelson
The Indiana Supreme Court affirmed the denial of post-conviction relief for a man who charged his attorney was ineffective for not doing a better job arguing the sufficiency of the evidence to prove the defendant conspired to commit dealing cocaine.
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Justices: Pattern Jury Instruction 9.05 is correct statement of law

October 30, 2014
Jennifer Nelson
Clearing up confusion among the courts as to whether a jury instruction regarding the definition of “intentionally” can include that the defendant intended to “cause the result” of his conduct, the Indiana Supreme Court affirmed Pattern Jury Instruction 9.05 represents a correct statement of the law.
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Midwest rappers, others charged with fraud

October 30, 2014
 Associated Press
Members of an Indiana-based rap group called RACK Boyz and other suspects from Illinois made hundreds of thousands of dollars in a bank fraud scheme that included wooing participants through social media and Internet videos, federal and state authorities said Wednesday.
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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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