Indiana Trial Courts

COA: admitting teen's confession was a fundamental error

November 29, 2010
Jennifer Nelson
An Indiana Court of Appeals decision today places a burden on police officers to make sure interview room video cameras don’t infringe upon meaningful consultation when a juvenile is involved.
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AG's involvement questioned in prosecutor forfeiture suit

November 24, 2010
Michael Hoskins
The Indiana Attorney General’s Office plans to “zealously defend” 78 prosecutors being sued over civil forfeiture collection practices, meaning the state courts will likely have to analyze not only the merits of that issue but also whether two separate state statutes restrict how Indiana’s top attorney can intervene in this taxpayer-filed qui tam lawsuit.
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Justices order Marion County traffic judge's suspension

November 24, 2010
Michael Hoskins
The Indiana Supreme Court has ordered the 30-day no pay suspension of the Marion County traffic judge who’s admitted he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants from exercising their constitutional right to trial.
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Marion Traffic judge suspended for 30 days

November 24, 2010
Michael Hoskins
The Indiana Supreme Court has suspended Marion County Traffic Judge William E. Young for 30 days.
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Indiana traffic court issues dent judiciary's public perception

November 24, 2010
Michael Hoskins
Two central Indiana traffic court judges are under fire for their conduct and practices in their courtrooms, with one Marion Superior judge facing disciplinary charges after sparking statewide legislative changes and criticism from the Indiana Court of Appeals.
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Court programs, economy among focuses of foreclosure conference

November 24, 2010
Rebecca Berfanger
When it comes to the problem of mortgage foreclosures in Indiana, there appears to be no end in sight, at least not yet.
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Judicial candidates lose elections

November 24, 2010
Michael Hoskins
Two judicial candidates who’d faced Indiana Election Commission challenges earlier this year about their names even appearing on the ballot made it to the general election, but ended up losing the races and not getting to the bench in Lake and Allen counties.
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Court tosses use of contempt as way to order debt payment

November 23, 2010
Michael Hoskins
The Indiana Court of Appeals says that a southern county’s local rule permitting the use of contempt powers to enforce civil judgment payments violates the Indiana Constitution.
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Court erred in admitting child's videotaped statement

November 23, 2010
Jennifer Nelson
A trial court improperly allowed a videotaped statement by a victim of child molesting into evidence instead of having the child participate in live direct examination, the Indiana Court of Appeals ruled today in its reversal of a man’s molesting convictions.
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Special judge selection rule amended

November 23, 2010
IL Staff
The Indiana Supreme Court has amended the eligibility section of Indiana Trial Rule 79 regarding special judge selection.
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Mendenhall gets 40 years for attack

November 19, 2010
Jennifer Nelson
Augustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today from a Hamilton County judge.
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Chief’s recusal results in split Supreme Court

November 18, 2010
Michael Hoskins
The same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall T. Shepard.
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COA reverses ruling in right of contribution case

November 17, 2010
Jennifer Nelson
The Indiana Court of Appeals used common law today to reverse a judgment in favor of a man suing his business partner for failing to contribute to guarantee payments.
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Diversity issues affect family law

November 10, 2010
Rebecca Berfanger
While family law cases can be complicated – especially if children are involved and a case has ended up in front of a judge after the parties couldn’t come to an agreement on their own through mediation – the issues only get more complicated when fundamental differences exist between the parties.
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Second Century suit can proceed

November 10, 2010
Michael Hoskins
A Marion Superior judge has lifted a stay on the litigation involving East Chicago’s accounting and use of casino revenue, allowing the state to proceed with discovery and ask the court to require a for-profit organization to turn over documents relating to millions in casino revenue.
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COA: jury should have had access to images

November 9, 2010
Rebecca Berfanger
The Indiana Court of Appeals today reversed and remanded a jury verdict in favor of medical care providers in a medical-malpractice case involving a permanent eye injury following laser eye surgery. The appellate court concluded the trial court's evidentiary and instructional rulings constituted reversible error.
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All judges up for retention to stay on bench

November 3, 2010
IL Staff
The 11 judges up for retention this year – including five on the Indiana Court of Appeals – will remain on the bench.
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Hamilton Superior judge arrested out-of-state for DWI

November 2, 2010
Michael Hoskins
Hamilton Superior Judge William J. Hughes was arrested for drunk driving last week while vacationing in the Outer Banks of North Carolina.
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Court divides over injury claim under insurance policy

October 29, 2010
Jennifer Nelson
The Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury” under their uninsured motorist coverage.
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Commission on Courts makes recommendations

October 27, 2010
Michael Hoskins
As the interim legislative calendar wound down to make way for the next Indiana General Assembly session, the Commission on Courts has made recommendations on new court requests and discussed issues that impact funding and structure of statewide trial courts.
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Lawyers in uncharted waters with 358 med-mal claims against former physician

October 27, 2010
Michael Hoskins
If ever there was a line of litigation symbolizing a “cornucopia of legal issues,” then it’s the string of claims against the former Merrillville sinus specialist known as “The Nose Doc.”
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Ukrainian lawyers in Indiana

October 27, 2010
Rebecca Berfanger
On their recent visit to Indiana, six delegates from the Ukraine in various legal roles learned how similar and different their legal system is compared to the justice system in the U.S. by visiting and observing it firsthand.
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Grand jury indicts recycler for racketeering

October 26, 2010
IBJ Staff
A Marion County grand jury has returned an eight-count indictment against OmniSource Corp., accusing the metal recycling powerhouse of racketeering and receiving stolen property.
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Juvenile detainees learn about domestic violence

October 22, 2010
IL Staff
The Marion Superior Court’s Juvenile Detention Center is hosting a series of domestic violence workshops today for children detained in the facility. This is the first time the center has hosted this conference.
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ICADV honors 7 for outstanding service

October 21, 2010
IL Staff
St. Joseph Circuit Judge Michael Gotsch Sr. was recognized by the Indiana Coalition Against Domestic Violence Wednesday for his work addressing the needs of both children and victims of domestic violence. October is Domestic Violence Awareness month.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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