Courts

Separate notice argument not enough to vacate small claims judgment

March 8, 2013
Marilyn Odendahl
A business’s argument that it should have been served with a separate notice of a small claims action was rejected by the Indiana Court of Appeals Friday.
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Southern District Bankruptcy Court to cease certain Chapter 13 notices

March 8, 2013
IL Staff
The Bankruptcy Court for the Southern District of Indiana will no longer issue notices of impending closure without discharge in Chapter 13 cases.
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Lake County man warned against disparaging bench

March 8, 2013
Dave Stafford
A Lake County man with a history of filing unsupported allegations and derogatory comments in pleadings was rebuffed on his latest appearance before the Indiana Court of Appeals, which warned him against disparaging the bench.
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Gingerich reversal won’t get high court review

March 8, 2013
Dave Stafford
The Indiana Supreme Court will let stand the reversal of a trial court’s adult conviction and 25-year executed sentence for Paul Henry Gingerich, who was 12 at the time he and an older boy shot and killed a Kosciusko County man.
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Man’s conviction of auto theft upheld

March 7, 2013
Jennifer Nelson
Although a trial court’s refusal to give a defendant’s jury instruction was an error, it was harmless and his felony auto theft conviction should be affirmed, the Indiana Court of Appeals ruled.
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Moberly’s official swearing-in ceremony Friday

March 7, 2013
United States Bankruptcy Judge Robyn L. Moberly will be formally sworn-in at a ceremony Friday at the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.
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Lawsuit accuses BMV of overcharging for driver’s licenses

March 7, 2013
Jennifer Nelson
A lawsuit filed in Marion County claims that the Indiana Bureau of Motor Vehicles has overcharged residents for their driver’s licenses by as much as $7 per license.
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Justices remand for more proceedings on grandparent visitation order

March 7, 2013
Jennifer Nelson
After finding a grandparent visitation order entered in Johnson County is voidable because of defects, the Indiana Supreme Court sent the case back to the trial court for new findings and conclusions without hearing new evidence.
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State didn’t prove man committed trespass

March 7, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed a criminal trespass conviction for a Marion County man after finding the state didn’t prove a material element of the crime.
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Judge turns away challenge to smoking ordinance

March 7, 2013
IBJ Staff
A federal judge has denied a challenge to a smoking ordinance passed last year by the Indianapolis-Marion County City-County Council.
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Majority sides with hotel in lawsuit stemming from molestation

March 6, 2013
Jennifer Nelson
A divided Indiana Supreme Court affirmed summary judgment for a hotel, its owner and the hotel franchisor that the hotel’s insurance company had no duty to defend a civil complaint brought by a minor motel guest who was molested by an off-duty employee.
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School corporation’s renovation of building violated public bidding laws

March 6, 2013
Jennifer Nelson
The Indiana Court of Appeals ruled Wednesday that the Evansville Vanderburgh School Corporation’s renovation of a building to be used to house all administrative offices violated the state’s Public Bidding Laws.
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Law symposium to look at patient responsibility

March 6, 2013
IL Staff
This year’s Indiana Health Law Review Symposium at Indiana University Robert H. McKinney School of Law will explore patient responsibility as a key to improving the health care system.
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Justices: Use preponderance of evidence standard to find probation violation

March 6, 2013
Kimberly Heaton will have a new hearing on whether she violated the terms of her probation when she was charged with Class D felony theft. The Indiana Supreme Court vacated her probation revocation because a Madison Superior judge may have used the wrong legal standard to find the violation.
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Justices rule in favor of insurer in dispute over canceled policy

March 5, 2013
Jennifer Nelson
The Indiana Supreme Court affirmed summary judgment for American Family Insurance in a lawsuit filed by a couple after the insurer denied coverage for a 2003 fire at their home and voided the insurance policy from its beginning.
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U.S. Justice Clarence Thomas visits Notre Dame Law School

March 5, 2013
IL Staff
U.S. Supreme Court Associate Justice Clarence Thomas is at Notre Dame Law School Tuesday and Wednesday as the Judge James J. Clynes Visiting Chair. He will visit several law classes and speak with students and faculty.
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COA: Court properly denied instruction on innocence

March 5, 2013
Jennifer Nelson
A Lake Superior Court did not abuse its discretion in denying a jury instruction on the presumption of innocence submitted by a man on trial for murder and neglect of a dependent, the Indiana Court of Appeals ruled Tuesday.
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Man to get new trial because of counsel’s performance

March 4, 2013
Jennifer Nelson
Because the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,” the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.
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Judge tosses suit against NCAA that reads ‘like a press release’

March 4, 2013
Dave Stafford
A federal judge on Friday dismissed several former college athletes’ attempt to bring a class-action lawsuit against Indianapolis-based NCAA, writing in a 25-page order that the complaint “reads more like a press release than a legal filing.” The judge left open the possibility that an antitrust claim may survive.
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Lampoon: Durham used $1M from company to pay attorney

March 4, 2013
J.K. Wall
A film company once headed by Indianapolis financier Tim Durham says he transferred $1 million to his Indianapolis lawyer, John Tompkins, while fighting federal securities fraud charges
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Judges uphold $600k sanction for contempt

March 1, 2013
Jennifer Nelson
After initially vacating a District judge’s $600,000 sanction against SonCo Holdings for contempt of court and remanding it to the lower court for more proceedings, the 7th Circuit Court of Appeals upheld the sanction Friday. 
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7th Circuit affirms kidnapping and extortion convictions, sentence

March 1, 2013
Jennifer Nelson
Finding no error in the admittance of three photo identifications of a defendant following charges of kidnapping and extortion, the 7th Circuit Court of Appeals upheld Lamar Sanders’ convictions and 25-year sentence Thursday.
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5 sitting jurists to judge moot court competition Friday

March 1, 2013
Jennifer Nelson
A panel of distinguished judges, including one from the 7th Circuit Court of Appeals, will be on hand Friday evening to hear final arguments in a case involving judicial recusal and eminent domain as part of the Indiana University Maurer School of Law Sherman Minton Moot Court Competition.
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Settlement talks set for Don Marsh severance dispute

March 1, 2013
Scott Olson
Lawyers for Marsh Supermarkets Inc. and its former CEO are set to meet Monday in hopes of finally ending their years-long court battle in which the company already has notched a partial victory.
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Allen Superior magistrate resigns suddenly

February 28, 2013
IL Staff
Allen Superior Magistrate Judge Marcia Linsky resigned Tuesday without prior notice.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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