Supreme Court takes eminent domain case to clean up confusion
Confusion from “inartful language” will put the ongoing dispute over the Clark County airport expansion before the Indiana Supreme Court.
Marilyn Odendahl
Articles
Double jeopardy does not prohibit state from retrying defendant on lesser charge
Although a man’s conviction was overturned, the Indiana Supreme Court has ruled he can still be retried on the same charge without violating double jeopardy prohibitions because “a rational jury” would have considered more than one element of the crime.
Insurer’s exclusion stands after bar fight
A woman’s own description of a barroom brawl that left her with a broken arm was used against her in allowing an insurance company to deny coverage.
Worker’s Compensation Act is only remedy for injured employee
A construction worker injured on a job site will have to find remedy through the Indiana Worker’s Compensation Act after the Indiana Court of Appeals denied his attempt to sue a subcontractor.
Old expungement law turns good luck to bad
A man’s good luck at never being charged with a crime despite four arrests turned bad when he tried to get his record expunged.
Lake County judge strikes down provision in Indiana’s right-to-work law
In a ruling that never used the popular term “right-to-work,” Lake Superior Court Judge John Sedia found a provision in Indiana’s 2012 labor law violated the state constitution’s ban on demanding services without just compensation.
Diversity in legal community growing, but pace too slow
When small-firm founder Nathaniel Lee was admitted to the Indiana bar in 1982, only four African-American attorneys were working at large law firms in the state. Thirty years later when Rubin Pusha was admitted to practice in 2012, diversity had improved with the number of minority lawyers increasing at large and small firms alike. Others cleared the trail for Pusha but, as he looks around, he is still one of too few minority attorneys.
Business agreements provide roadmap for changes in family-run enterprises
Integrate family into small business ownership and the potential for rivalry, high emotions and different agendas increases, especially as the business is passed from one generation to the next. The dispute rocking the Holiday World & Splashin’ Safari theme park in southwest Indiana shows what can happen when a family fights over a business but, attorneys say, it is an extreme and uncommon situation. Usually members of a family or multiple shareholders in a closely held company work through their dispute outside the courtroom.
Gary mayor issues call to action for attorneys
Gary Mayor Karen Freeman-Wilson implored members of the Marion County Bar Association to speak up because the gains made by previous generations of African-Americans are being rolled back.
Day of Service taps into attorneys’ non-legal skills
New ISBA program is designed to become an annual event involving attorneys across the state volunteering in their communities.
7th Circuit cautions bare-bones recitation of Rule 403 insufficient
A District Court’s failure to review evidence and provide a considered analysis for admitting that evidence drew an admonishment – but no reversal – from the 7th Circuit Court of Appeals.
Fake ID using own name not aggravated ID theft, 7th Circuit rules
An Indiana man who supplied a fake identification that used the recipient’s real name may not be subjected to the federal aggravated identity theft statute, the 7th Circuit Court of Appeals ruled Friday in a unanimous en banc decision.
Friends and family tell stories of humor and admiration to honor IBF Legendary Lawyer Henry Ryder
The reception honoring retired Indianapolis attorney Henry Ryder included lots of stories.
Judges to use discretion – not checklists – when imposing sentences, 7th Circuit rules
A defendant’s contention that the District Court should have considered all the mitigating factors during his sentencing was characterized by the U.S. 7th Circuit Court of Appeals as turning sentencing discussions into “checklist exercises.”
7th Circuit declines to second guess co-defendant credibility in firearm sentence
Contradictory testimony given in two plea agreements presented the U.S. District Court for the Southern District of Indiana, Evansville Division, with the “classic choice” of whom to believe.
Exclusion of money talk not a reversible error
A trial court’s error in excluding explicit statements about money is not reversible and does not provide the grounds to overturn a drug conviction.
Heavily redacted report cannot hide behind business-judgment rule
Although a report produced by a special litigation committee contains privileged information, the plaintiffs must be allowed full access to the unredacted version in order to determine if the investigation was extensive and conduced in good faith.
Rise of legal services bringing upheaval and opportunity, Maurer professor says
The advances in technology that rocked the industrial arts, bringing automation and displacing workers, are coming to the legal profession and giving a bigger role to nonlawyers, according to William Henderson, a nationally recognized authority on the legal profession and legal education.
Supreme Court takes closer reading of precedent in affirming post-conviction relief
A man’s 2002 guilty plea to a habitual traffic violator offense will be set aside after the Indiana Supreme Court held his 1989 conviction in Fayette County constituted a material error.
Expired time limit does not prevent estoppel argument, Supreme Court rules
Citing the reasoning in a dissenting opinion, the Indiana Supreme Court has ruled an injured driver can present his argument of why he should be allowed to file a lawsuit against a government entity even though the time limit has expired.