Latest News

Prior knowledge of criminal history allows FSSA to disqualify employment

jnelson@ibj.com — Fri, 24 May 2013 16:50:00 GMT

The Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access Act.

Appeals court affirms terminating mother’s parental rights

jnelson@ibj.com — Fri, 24 May 2013 16:35:00 GMT

A mother who was close to reunification with her three children, deemed children in need of services, until she battered her fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.

Officer had probable cause to believe defendant drove while drunk

jnelson@ibj.com — Fri, 24 May 2013 16:05:00 GMT

The Indiana Court of Appeals affirmed the denial of a man’s petition for judicial review involving his refusal to take a chemical test for intoxication. The judges found the evidence supported that the officer had probable cause that Paul Hassfurther drove his truck while intoxicated and that he knowingly refused to take the chemical test.

COA: Mother should have challenged income evidence at trial

jnelson@ibj.com — Fri, 24 May 2013 15:45:00 GMT

A mother who claimed that the record doesn’t support her actual or current income after her ex-husband was granted sole custody of her children should have brought up her concerns at trial, not on appeal, the Indiana Court of Appeals ruled Friday.

Court affirms giving father custody after mother denies parenting time

jnelson@ibj.com — Fri, 24 May 2013 15:30:00 GMT

A LaPorte County mother’s decision to cut off parenting time of her three children with their father supports the trial court’s order that the father have sole legal and physical custody of the children, the Indiana Court of Appeals ruled.

State seeks contempt against East Chicago casino group

Thu, 23 May 2013 20:35:00 GMT

Principals of a politically connected East Chicago group that received $16 million in casino revenue intended to benefit the city should be held in contempt if they continue to fail to disclose what happened to the money, the state argued in court Thursday.

Legislative Council approves interim committees but concedes number becoming unwieldy

Thu, 23 May 2013 19:20:00 GMT

While Indiana's Legislative Council passed by consent Thursday the resolution creating 18 commissions and interim study committees, leaders in the Indiana House of Representatives voiced concerns over the growing number of summer study committees and unwieldy list of topics to review.

Convicted ex-coroner hits Brizzi with legal malpractice suit

Thu, 23 May 2013 18:54:00 GMT

Former Hancock County coroner Tamara Vangundy paid for negligent legal advice on her plea deal in a drunken-driving and official-misconduct case that ended her career as an elected official, she alleges in a legal malpractice claim filed against former Marion County Prosecutor Carl Brizzi.

7th Circuit orders Indiana case sent back to Ohio

jnelson@ibj.com — Thu, 23 May 2013 18:33:00 GMT

A federal judge in the Southern District of Indiana erred when she determined that a claims adjuster from Ohio was fraudulently joined to a case that was transferred out of federal court in Ohio to Indiana, the 7th Circuit Court of Appeals ruled. The case also presented two issues of first impression for the Circuit.

Subcontractor's suit belongs in Hamilton County

jnelson@ibj.com — Thu, 23 May 2013 17:57:00 GMT

The Indiana Court of Appeals Thursday reversed the denial by an Allen Circuit judge to remove a lawsuit brought in that county to Hamilton County, where two parties to the lawsuit had agreed in a contract any legal claims would be handled.

Court rules in favor of insurer in environmental cleanup dispute

jnelson@ibj.com — Thu, 23 May 2013 17:55:00 GMT

A release executed between a chemical manufacturing business and its insurer that relieved the insurer from claims or demands related to remediation was unambiguous and covered all policies held by the company, not just the primary liability ones, the Indiana Court of Appeals ruled.

Committee begins search for new dean of Valparaiso Law School

Thu, 23 May 2013 16:40:00 GMT

The process of finding a new dean for the Valparaiso Law School has begun. Law professor Rosalie Levinson is chairing the search committee, and the national executive search firm Witt/Kieffer has been retained to assist.

Attorneys' performances don't require post-conviction relief

jnelson@ibj.com — Wed, 22 May 2013 18:23:00 GMT

A LaPorte County man with a lengthy criminal history couldn’t convince the Indiana Court of Appeals that he is entitled to post-conviction relief due to ineffective assistance from his trial and appellate attorneys.

COA reverses summary judgment for NCAA on negligence claim

jnelson@ibj.com — Wed, 22 May 2013 17:45:00 GMT

A woman who was injured at a fencing event at the University of Notre Dame should have been granted more time to present relevant materials in opposition to the National Collegiate Athletic Association’s motion for summary judgment on her negligence claim, the Indiana Court of Appeals ruled Wednesday.

Defendant not at fault for failing to timely appeal

jnelson@ibj.com — Wed, 22 May 2013 17:40:00 GMT

The Indiana Court of Appeals declined to hold a man at fault for the failure to file a timely notice of appeal, pointing to his attorney’s death from cancer shortly after the sentencing hearing.

Judges clarify how plaintiff may have case reinstated

jnelson@ibj.com — Wed, 22 May 2013 17:30:00 GMT

In a rehearing requested by a plaintiff whose legal actions were dismissed in Marion Superior Court, the Indiana Court of Appeals clarified its original holding on how the man may have his actions reinstated.

Justices reinstate COA decision in Simon defamation suit

jnelson@ibj.com — Wed, 22 May 2013 15:50:00 GMT

The Indiana Court of Appeals opinion reversing a Marion Superior judge’s denial of a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert Simon will stand. The state’s highest court split evenly over whether the trial court should have denied that motion.

Start Page: Fighting interruption addiction, continued

Wed, 22 May 2013 06:00:00 GMT

In my last column, I confessed I was addicted to interruptions: email, voice mail, texts, phone calls, Twitter feeds, etc. Studies have shown multitasking lowers IQ.

Finney: The OneNote tool you actually need

Wed, 22 May 2013 06:00:00 GMT

In this on-demand era of instant gratification, we expect that information should always be at our fingertips. Our time is precious and we all want others to respect that fact; in return doesn’t that mean we should all be respectful of the time that others give to us?

Seeking an exclusion for innocent co-insured

Wed, 22 May 2013 06:00:00 GMT

A LaPorte County woman who lost her home to a fire allegedly started by her estranged husband is at the center of a legal dispute with her insurance company that could set precedent.

Criticism of judge results in discipline case

Wed, 22 May 2013 06:00:00 GMT

Indianapolis attorney and blogger Paul Ogden speaks his mind, sometimes to his disadvantage, he concedes. Now he could lose his law license because of things he wrote.

Easterbrook: 7th Circuit 'nation's leader' in productivity

Wed, 22 May 2013 06:00:00 GMT

Chief Judge Frank Easterbrook of the 7th Circuit Court of Appeals presented his final State of the Circuit address during the Circuit conference this month in Indianapolis, describing the federal appellate court for Indiana, Illinois and Wisconsin as perhaps the nation’s most industrious.

Chief Justice Roberts says cuts to judiciary budget becoming too deep

Wed, 22 May 2013 06:00:00 GMT

Describing the immediate impact changes in judicial budgets have on court staff, Chief Justice of the United States John Roberts used part of his address to the 7th Circuit Bar to highlight the fiscal constraints judges and courts are facing today.

Lugar: I paid the price for support of Obama picks

Wed, 22 May 2013 06:00:00 GMT

Former Indiana Sen. Richard G. Lugar told members of the federal judiciary May 6 that his support of President Barack Obama’s Supreme Court appointees, opposed by many in his party, may have carried the greatest political cost of any decisions during his 36 years in the Senate.

Legislators taking time to investigate

Wed, 22 May 2013 06:00:00 GMT

Interim study committees are credited with enabling the Indiana General Assembly to thoughtfully review issues.

Lawsuit threatens NCAA's amateur business model

Wed, 22 May 2013 06:00:00 GMT

The NCAA is facing a potential game-changing legal battle that has some colleges worrying their athletic budgets could be halved.

Taxed to death no more

Wed, 22 May 2013 06:00:00 GMT

The fate of the inheritance tax in Indiana went from a slow, lingering demise over the next decade to sudden death in the biennial budget lawmakers approved this session.

Attorneys must financially prepare for life during retirement

Wed, 22 May 2013 06:00:00 GMT

Law firms use 401(k)s to help employees save for their golden years.

Inbox: Court guts medical hearsay exception for children

Wed, 22 May 2013 06:00:00 GMT

Laurie Gray, a former prosecutor, writes about the recent Indiana Supreme Court decision's impact on medical hearsay exception for child victims.

Hammerle on...'The Great Gatsby,' 'Iron Man 3'

Wed, 22 May 2013 06:00:00 GMT

Bob Hammerle recommends you see "The Great Gatsby" on the big screen.

Feds charge 5 in Indy Land Bank kickback scheme

cschouten@ibj.com — Tue, 21 May 2013 19:00:00 GMT

Federal prosecutors have charged two Indianapolis city employees in the Department of Metropolitan Development and three others in a scheme involving cash kickbacks on the sale of properties in the Indy Land Bank.

Occupy Kokomo protesters file suit against Howard County sheriff for civil rights violations

Tue, 21 May 2013 18:45:00 GMT

Occupy Kokomo protesters filed a lawsuit Tuesday against the Howard County sheriff and members of the sheriff’s department, claiming violations of their civil rights.

Casino patron hurt in fall on ice has self to blame, appeals court rules

Tue, 21 May 2013 18:28:00 GMT

A casino patron who passed beneath caution tape and then broke his pelvis in a fall on a snowy and icy parking surface lost his appeal challenging summary judgment in favor of the casino, which had cordoned off that portion of a parking deck.

Juvenile reversal sets new conditional admissions standard

Tue, 21 May 2013 17:55:00 GMT

A Court of Appeals panel on Tuesday reversed a ruling in a juvenile case and set a new standard for how juvenile judges must handle conditional admission agreements when probable cause is disputed.

BMV ‘may have inadvertently overcharged’ for licenses

Tue, 21 May 2013 17:55:00 GMT

The Bureau of Motor Vehicles acknowledged in response to a multi-million-dollar class-action lawsuit that it “may have inadvertently overcharged” Indiana residents for driver’s licenses.

Conour has until week’s end to recoup missing assets

Tue, 21 May 2013 17:15:00 GMT

Former personal injury attorney William Conour on Monday was granted a few more days to comply with a court order to reacquire assets he dissipated in violation of bond conditions pending his federal wire fraud trial.

'Pleading the Fifth' not the same as admitting to criminal act

Mon, 20 May 2013 19:21:00 GMT

A reference made during a trial to “pleading the Fifth” is not an admission of a crime and, therefore, by itself is not grounds for a mistrial, the Indiana Court of Appeals has ruled.

Elementary students showcase their knowledge of the US Constitution

Mon, 20 May 2013 18:48:00 GMT

A total of 350 fifth-grade students from seven schools around Indiana demonstrated their knowledge of the U.S. Constitution Friday at the state Capitol during the We The People elementary showcase.

Lengthy gun sentence affirmed in 2011 hotel standoff

Mon, 20 May 2013 18:42:00 GMT

A federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase, assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August 2011.

Appeals panel voids gun conviction, cuts child porn sentence

Mon, 20 May 2013 18:27:00 GMT

An Indianapolis man sentenced to 11 years in prison for possession of child pornography and a felony gun charge had his most serious conviction vacated and his sentence reduced to no more than four years.

Court rules county may re-establish hospital building fund

Mon, 20 May 2013 17:20:00 GMT

Jasper County was improperly denied the ability to establish a cumulative building fund and tax levy to enlarge and remodel a hospital, the Indiana Tax Court ruled.

7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case

Mon, 20 May 2013 17:10:00 GMT

An Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be resentenced.

Lawyer who emailed nude film clip to harm ex-intern suspended 3 years

Mon, 20 May 2013 15:45:00 GMT

Indianapolis attorney Arthur J. Usher IV’s rejected romantic advances toward a summer intern led him to have his paralegal email more than 50 attorneys a video clip purporting to depict the former intern nude in a film, according to the Indiana Supreme Court. Usher’s bid to discredit and humiliate her while she was seeking employment resulted in a three-year suspension on Friday.

Judges restate: no guns in City-County Building

Fri, 17 May 2013 18:25:00 GMT

A 2007 order banning guns and weapons from the Indianapolis City-County Building that houses most of Marion County’s Circuit and Superior courts remains in force despite questions raised after the Indiana Legislature widely voided local gun regulations.

Class A felony sentences not inappropriate under Appellate Rule 7(B)

Fri, 17 May 2013 16:37:00 GMT

Two convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were not inappropriate under Appellate Rule 7(B).

Justices block Schiralli’s Lake County bench transfer

Fri, 17 May 2013 14:18:00 GMT

The Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge Mary Beth Bonaventura after her appointment to head the Department of Child Services.

Bailiff’s communication with juror leads to reversal of convictions

jnelson@ibj.com — Thu, 16 May 2013 18:20:00 GMT

The bailiff at a man’s trial for criminal recklessness and resisting law enforcement improperly communicated with the jury foreperson regarding reaching a verdict, leading the Indiana Court of Appeals to reverse Jason Lee Sowers’ convictions.

COA: Man knowingly pleaded guilty to fraud charge

jnelson@ibj.com — Thu, 16 May 2013 18:15:00 GMT

A post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to the separate charges in one agreement.

Indianapolis law firm Stewart & Irwin closing

Thu, 16 May 2013 15:50:00 GMT

An Indianapolis law firm with a broad range of representation and diverse clientele plans to close its doors after more than 90 years.

COA rules for first time on retroactivity of Mineral Lapse Act

jnelson@ibj.com — Wed, 15 May 2013 17:40:00 GMT

The Indiana Court of Appeals has held that a portion of the Mineral Lapse Act is limited in its retroactive application to only the 20-year period immediately proceeding the Sept. 2, 1971, effective date of the Act.