Family did have notice that expert pulmonologist was going to testify as pathologist
In reviewing a dispute over testimony given by expert witnesses, the Indiana Court of Appeals sees no reason to hold a new trial.
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7th Circuit: Machine gun possession not violent crime
A man’s conviction on federal firearm charges was vacated Tuesday when the 7th Circuit Court of Appeals ruled that possession of machine guns was not violent crime, citing a case earlier this year that applied the same rationale to possession of sawed-off shotguns.
Spur-of-the-moment burglary spree does not support corrupt business influence conviction
The Indiana Court of Appeals has found that an impromptu burglary spree that lasted less than 48 hours does not meet requirements for a corrupt business influence conviction.
Blogger attorney Ogden grilled in public discipline hearing
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours Tuesday in his hearing before the Indiana Disciplinary Commission.
COA: Lingering odor of burnt marijuana does not justify warrantless search
No possibility of danger or smell of marijuana was evident, and that was enough to convince the Indiana Court of Appeals to suppress evidence found during a police officer’s search of a motorist’s backpack.
COA finds trial court acted within its discretion when calculating father’s actual income
A father’s messy financial statements do not prevent a trial court from doing its own calculations and increasing his weekly child support payments, the Indiana Court of Appeals has ruled.
Uncle has no statutory right to post-adoption visitation
An uncle’s post-adoption visitation rights were overturned on the grounds that he was not within any statutory category of individuals entitled to visitation rights.
7th Circuit: New indemnity provision does not release employer from liability
An employer will have to pay $4.23 million after the 7th Circuit Court of Appeals was unconvinced by the employer’s argument that language in a later contract superseded that of an earlier contract.
Undisputed will makes daughter’s appointment as special administrator improper
Because the special administrator provision in the Indiana Code did not apply, the Indiana Court of Appeals has ruled the trial court did not abuse is discretion when it removed a special administrator of an estate without considering the state statute.
Judge advocates expanding Gideon to provide lawyers in non-criminal cases
While some legal scholars lament the deterioration of Gideon v. Wainwright 50 years after the landmark Supreme Court of the United States decision, Marion Superior Judge David Dreyer is calling for an expansion of the principle to include civil litigants.
Dispute over bail bonds likely to produce a legislative solution
Growing tension between the bench and bail bond agents has been shoved into the spotlight at the Statehouse and could be the subject of bills introduced during the 2014 session of the Indiana General Assembly.
Stevenson: Plane crash litigation may improve travel safety
Modern airliners are filled with technology that has made flying safer than ever. According to MIT statistics professor Arnold Barnett, in the last five years, the death rate for airline passengers in the United States has been one in 45 million flights. At that rate, a passenger could fly daily for an average of 123,000 years before being involved in a fatal crash. While technology such as GPS and auto-landing systems has minimized the chance for human error, especially in poor-visibility landing conditions, there is a drawback. Asiana Flight 214 is likely to become a prime example of how technology can actually cause aviation disasters instead of preventing them. Flight 214’s collision with the seawall just short of the runway at San Francisco International Airport demonstrates what can happen when technology does not work as intended.
No-phone zones might be called for in Indy courts
Judges in Marion County were rightly troubled recently by multiple instances of cellphone video taken in court winding up online, which included secretly recorded video of a criminal informant’s testimony.
Vanderburgh County requests new court magistrate
Seated alone at the table in front of the Indiana General Assembly’s Commission on Courts, Vanderburgh Circuit Judge David Kiely recently asked for a new magistrate in his court.
Massa mum on Rockport recusal
One of the first cases on the Indiana Supreme Court’s fall oral argument calendar also could be among its most controversial and biggest in terms of potential dollars at stake.
Judge advocates expanding Gideon to provide lawyers in non-criminal cases
While some legal scholars lament the deterioration of Gideon v. Wainwright 50 years after the landmark Supreme Court of the United States decision, Marion Superior Judge David Dreyer is calling for an expansion of the principle to include civil litigants.
Brizzi hit with another legal malpractice suit
Defrocked Secretary of State Charlie White has sued Carl Brizzi, the former Marion County prosecutor who represented White during a criminal case that led to his removal from office. White’s lawsuit makes a claim of legal malpractice.
7th Circuit seeks comment on pattern jury instructions
The 7th Circuit Court of Appeals Committee on Federal Jury Instructions is seeking comments on an ongoing basis on existing pattern jury instructions as well as suggestions for new pattern instructions.
Judge issues gag order in Bei Bei Shuai case
The judge in the case of a woman charged with murder and attempted feticide in the death of her newborn daughter on Friday ordered prosecutors, defense attorneys and others involved in the case not to speak about it outside court.
Attorney’s report alleges trucking school small-claims abuses
An attorney’s report examining more than 7,700 lawsuits filed by an Indianapolis-based trucking school in just two Marion County township small-claims courts alleges systemic abuses that resulted in thousands of judgments against people who may never have stepped foot in the county or the state.