Absence of a plan foils development proposal
A plan commission did not overstep its authority when it turned down a proposal to build a 300-unit apartment complex, in part, because the developer did not submit a preliminary plan for the project.
Marilyn Odendahl
Articles
COA tosses in absentia conviction of Army private
A 20-year-old U.S. Army private had his conviction for underage drinking overturned because Hendricks Superior Court denied his motion for a continuance and held the trial while he was deployed in Afghanistan.
Insurance dispute divides Court of Appeals
A split Indiana Court of Appeals reversed a trial court’s finding that a landlord was not covered by the tenant’s insurance policy.
Order to demolish home reversed by Court of Appeals
A couple whose lakeside house was built at a different elevation than specified in the site development plan will not be able to call the wrecking crew yet.
Hamilton County clerk voluntary dismissed from same-sex marriage appeal
One Indiana county clerk has withdrawn from the state’s fight to maintain its ban on same-sex marriage.
Same-sex couples tell 7th Circuit Indiana’s marriage ban is discriminatory
Plaintiffs challenging Indiana’s ban on same-sex marriage filed their appellate brief with the 7th Circuit Court of Appeals July 29, making their argument that the state’s marriage law violates their constitutional rights.
IU Maurer partners with out-of-state schools for students
Indiana University Maurer School of Law is expanding its partnership program to further its goal of ensuring the Bloomington institution enrolls top law students.
Police questioning gets conviction booted a second time
The child molesting conviction of a Lafayette man has again been overturned by the Indiana Court of Appeals because of problems with statements he made to police.
Video depositions can be a compelling trial tool
The ability to catch the nonverbal messages and vocal inflections made by witnesses and experts is the biggest benefits to videotaping depositions, attorneys say.
State agencies claim information protected by deliberative process privilege
An acrimonious fight between an Indiana businessman and the Indiana Department of Revenue has not only forced the Indiana Tax Court to take the unusual step of getting involved in the discovery process but also created a case of first impression.
Supreme Court committee studying alternatives to bail
The Committee to Study Evidence-Based Pretrial Release was established by Indiana Chief Justice Brent Dickson in December 2013. The Supreme Court wants a study and evaluation of the risk-assessment tools that are available to determine when pretrial release is appropriate and under what conditions.
ABA releases tool to assess cognitive impairment
To help attorneys who are concerned about the intellectual fitness of another lawyer or judge, the American Bar Association has recently released a cognitive assessment tool. The “Working Paper on Cognitive Impairment and Cognitive Decline” is a questionnaire designed to give attorneys guidance in determining whether a partner or friend is just having a bad month or is suffering from something more serious. It also provides recommendations for talking to a colleague who is exhibiting troublesome behavior.
Same-sex couples ask Social Security Administration to recognize their Indiana marriage
A pair of Indiana same-sex couples who were married in June have asked the U.S. Social Security Administration to recognize their marriages.
Warrantless search based on smell does not violated 4th Amendment
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.
Non life-threatening injury gets aggravated battery conviction reversed
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.
7th Circuit denies en banc motion in same-sex marriage challenge
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.
Employee’s auto accident on way home from business meeting not company’s fault
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.
Plaintiffs say they joined same-sex marriage lawsuit because ‘We wanted to be married’
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.
1 same-sex marriage lawsuit remains in District Court
One challenge to Indiana’s same-sex marriage law remains in federal court and could, again, open a window for gay and lesbian couples in the state to get married, an attorney representing the plaintiffs in the case said.
Admission of video and recorded statements did not violate Sixth Amendment
The defendant in a drug trial was unable to convince the Indiana Court of Appeals that his constitutional right to confront a witness was violated when the confidential informant did not testify at trial.