Courts
Gov. names judge to new Miami Superior Court
December 2, 2008
IL StaffMiami Superior Judge Daniel C. Banina has been appointed by Gov. Mitch Daniels as judge of the newly created Miami Superior
Court II. Judge Banina will become judge of the new court Jan. 1.
MoreJudge: Attorney can't sue using pseudonym
December 1, 2008
Jennifer NelsonA Northern District magistrate judge has again denied an attorney's motion to proceed with a lawsuit under a pseudonym,
finding the type of injury the attorney may suffer as a result of suit doesn't rise to the level to justify anonymity.
MoreInvestiture for St. Joseph judge Friday
December 1, 2008
IL StaffRecently appointed St. Joseph Superior Judge Margot F. Reagan will officially take the bench Dec. 5 with a 4 p.m. robing ceremony
in the Superior Court courtroom in the St. Joseph County Courthouse.
MoreState can increase withholding without order
November 26, 2008
Jennifer NelsonThe Indiana Court of Appeals examined the state's code regarding the limits of a withholding amount in child support arrearage,
and acknowledged that its interpretation of the statute allowing the state to increase the amount without a court order "may
cause some concern."
MoreRiverboat not covered by Jones Act
November 25, 2008
Jennifer NelsonA casino riverboat that is indefinitely moored to the shore isn't considered a vessel in navigation under the federal
Jones Act, so a riverboat worker can't bring a claim for compensation of injuries under the act, the Indiana Court of
Appeals ruled today.
MoreCOA: Expenses apply under penalty period
November 25, 2008
Jennifer NelsonThe Indiana Court of Appeals ruled in favor of a woman who wanted her out-of-pocket payments to a nursing facility allowed
as a spend-down expense, finding the Indiana Family and Social Services Administration's denial of her request would penalize
her twice.
MoreStudy to examine trial court reform
November 24, 2008
IL StaffThe Indiana Supreme Court's Division of State Court Administration is working with the Indiana University Center for Urban
Policy and Environment to study ways to make the state's trial courts more equitable and efficient.
MorePolice not responsible for woman's murder
November 24, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed the dismissal of a woman's lawsuit against Vanderburgh County officials following
the death of her daughter because there isn't a federal constitutional right to be protected by the government against
private violence when the government isn't complicit.
MoreCommission wants judge suspended now
November 24, 2008
Michael HoskinsThe Indiana Judicial Qualifications Commission agrees with a three-masters panel that a Marion Superior judge should be removed
from the bench but wants him immediately suspended while the Indiana Supreme Court considers his final punishment.
MoreJudgment for prison employees affirmed
November 21, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed summary judgment in favor of prison employees in an inmate's Eighth Amendment
violations suit, finding the inmate's lack of cooperation in providing details of threats against him prohibited the officials
from protecting him from an attack by another inmate.
MoreHigh court's e-ticket wins first place award
November 21, 2008
IL StaffThe Indiana Supreme Court's electronic Citation and Warning System won first place in the Cygnus 2008 Innovation Award
for Software at the International Association of Chiefs of Police Conference in San Diego earlier this month, the court announced
today.
MoreCourt sanctions Allen County judge
November 21, 2008
Michael HoskinsThe Indiana Supreme Court has suspended Allen Superior Judge Kenneth R. Scheibenberger for three days without pay as part
of an agreement to resolve a judicial misconduct action.
MoreUkrainian judges observe Indiana legal system
November 21, 2008
IL StaffFive Ukrainian judges have been in central Indiana this week examining the U.S. judicial system.
MoreWoman sues BMV over vanity plate denial
November 19, 2008
Jennifer NelsonThe Indiana Bureau of Motor Vehicles is again involved in a lawsuit involving the use of "God" on a license plate.
MoreMan not fired for being 'whistle-blower'
November 19, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed summary judgment in favor of a plaintiff's former company, finding no evidence
the company fired him in retaliation for being a whistle-blower.
MoreStatute must be followed in all CHINS cases
November 18, 2008
Jennifer NelsonThe Indiana Court of Appeals today affirmed the involuntary termination of parental rights of a mother and father, but cautioned
the Marion County Department of Child Services to continue to follow the statutory procedures in child in need of services
cases and termination cases even if a court determines reunification efforts aren't required.
MoreStudents re-enact slavery case
November 17, 2008
IL StaffA play documenting a young black woman's struggle for freedom in Indiana nearly 200 years ago will be presented at the
Indiana Statehouse Tuesday as an educational tool for students.
MoreCourt reverses joint tenancy interest ruling
November 17, 2008
Jennifer NelsonThe Indiana Court of Appeals reversed a finding that a mother and her daughter and son-in-law each held a one-half joint tenancy
in a property, finding the parties actually held one-third undivided interest as joint tenants.
MoreCOA rules on 'In God We Trust' plate suit
November 17, 2008
Jennifer NelsonNot charging an administrative fee for Indiana's "In Got We Trust" license plates doesn't violate the state
constitution, affirmed the Indiana Court of Appeals today in an unpublished decision.
MoreFuture SCOTUS justices topic of event
November 17, 2008
IL StaffWith at least two anticipated vacancies on the United States Supreme Court within the next four years and numerous more vacancies
at the Circuit and District Court levels, President-Elect Barack Obama will possibly appoint two U.S. Supreme Court justices
in his first term in office.
MoreAdjudications don't violate double jeopardy
November 15, 2008
Jennifer NelsonThe Indiana Court of Appeals affirmed that double jeopardy violations can be applicable to juveniles, but denied reversing
a girl's adjudications because there were no violations in her case.
MorePrior conviction counts in sentencing decision
November 14, 2008
Michael HoskinsA prior drunk-driving conviction - reached pursuant to a state statute now repealed and recodified in a newer law - can be
used in determining a person's sentence, the Indiana Court of Appeals ruled today.
MoreJustices analyze occurrence-based limitations
November 13, 2008
Jennifer NelsonTwo Indiana Supreme Court justices dissented from the majority today in two medical malpractice suits because they believed
the majority's reasoning behind the decisions that both plaintiffs' claims are time-barred would foster suspicion
and doubt between health-care providers and their patients.
MoreCourt orders re-trial after jury instruction error
November 13, 2008
Jennifer NelsonThe Indiana Court of Appeals has ordered a re-trial for a man convicted of attempted murder after ruling today the trial court
failed to properly instruct the jury on accomplice liability.
MoreCOA voids Terre Haute's 2007 mayoral election
November 13, 2008
Michael HoskinsThe man elected Terre Haute's mayor was ineligible because of federal law to become a candidate or assume office, the
Indiana Court of Appeals ruled today on an issue of first impression. As a result, a special election is needed to fill the
vacancy.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.