Courts

SCOTUS denies Indiana church dispute

January 9, 2012
Michael Hoskins
The Supreme Court of the United States has declined to take an Indiana case involving a property and trustee election dispute between the Zion Temple Apostolic Church in Gary and the son of the deceased founding pastor.
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Indiana Supreme Court will hear IBM case

January 9, 2012
Michael Hoskins
The Indiana Supreme Court will decide whether Gov. Mitch Daniels must appear for a deposition and testify in an ongoing lawsuit challenging the cancelled IBM contract to modernize the state’s welfare system.
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Federalist Society to host talk on judicial selection

January 9, 2012
IL Staff
The Federalist Society for Law and Public Policy Studies, Indianapolis Lawyers Division Chapter, will host a talk on judicial selection Tuesday.
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Judges examine double jeopardy issues in child support case

January 6, 2012
Michael Hoskins

The Indiana Court of Appeals has found a man’s three convictions on non-payment of child support for his three children don't violate double jeopardy principles, even though that issue is currently pending in another case before the Indiana Supreme Court.

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Court finds police lacked reasonable suspicion for stop and search

January 6, 2012
Michael Hoskins
Finding that an Indianapolis police officer didn’t have reasonable suspicion or consent to stop a man acting suspiciously in a gas station parking lot, the Indiana Court of Appeals has reversed two fraud convictions involving the possession of movie DVDs that weren’t yet on the market.
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U.S. District Court maintenance Jan. 7

January 6, 2012
IL Staff

Due to scheduled maintenance, e-filing and PACER access to case information for the U.S. District Court, Southern District of Indiana will be unavailable from 8 a.m. to 8 p.m. Jan. 7.

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7th Circuit to hear arguments in NCAA price-fixing lawsuit

January 5, 2012
Michael Hoskins
The 7th Circuit Court of Appeals hears arguments Monday in a case brought by two former NCAA athletes whose scholarships were revoked after injuries. The litigants claim that they were wrongly denied multi-year scholarships that would have covered the cost of their bachelor’s degrees.
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Bills would make changes to pro bono funding, court costs, early voting

January 5, 2012
Jenny Montgomery
Indiana’s 2012 legislative session promises to be a busy one, with hundreds of bills already filed and a short session deadline of March 14. Read about some of the bills Indiana Lawyer is watching.
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State Supreme Court's robo-calls ruling carries over to federal lawsuit

January 5, 2012
Michael Hoskins
A ruling by the Indiana Supreme Court upholding the state’s automated phone call ban has found its way into the briefing of a federal appeal challenging the same statute, and the attorneys disagree on whether the state justices adequately addressed a First Amendment issue.
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Judge allows Charlie White to remain in office pending appeal

January 4, 2012
Michael Hoskins
Recognizing the judiciary has the ability to minimize damage caused by the ongoing Indiana secretary of state court challenge, a Marion Circuit judge has put a hold on his ruling that the state’s top election official be immediately removed from office and a successor appointed.
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COA: will can be admitted in Indiana

January 4, 2012
Jennifer Nelson
Relying on the majority rule, the Indiana Court of Appeals concluded that a man’s will that was denied probate in Illinois could be admitted in Indiana to deal with real property located here.
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Changing how state appeals are started

January 4, 2012
Michael Hoskins
For the first time in Indiana’s history, lawyers and litigants will no longer be able to file appeals the way it has typically been done.
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Super scheduling

January 4, 2012
Michael Hoskins
Law firms and courts in Indianapolis work to ensure smooth operations during Super Bowl week.
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A decade of court data is revealed

January 4, 2012
Michael Hoskins
Figures in the latest Judicial Service Report show near record-level filings continue and that the state needs more judges.
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Disciplinary Actions -1/6/12

January 4, 2012
IL Staff
Read who's been suspended from the practice of law in Indiana.
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New suit filed protesting immigration law

January 4, 2012
Jenny Montgomery
The Mexican American Legal Defense and Education Fund has filed a lawsuit on behalf of La Union Benefica Mexicana, a nonprofit organization in East Chicago, protesting two previously unchallenged portions of Indiana’s new immigration law.
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7th Circuit examines traffic 'turn' definition

January 3, 2012
Michael Hoskins
While Indiana statute doesn’t specifically define the word “turning” in the context of traffic law, the 7th Circuit Court of Appeals has held the failure to use a right-hand turn signal at an intersection amounts to a violation and justifies a traffic stop.
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COA: post-conviction proceedings not equivalent to civil proceedings

January 3, 2012
Michael Hoskins
The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.
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Court rejects claims of fraud from trust beneficiary's children

December 30, 2011
Jenny Montgomery
The Indiana Court of Appeals has held that two siblings who have accused their mother of fraud with regard to a family trust account did not present any material issue of fact to support their argument.
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COA: Competitor can't challenge state contract for services

December 30, 2011
Michael Hoskins
A mental health services provider doesn’t have standing to challenge a nonprofit competitor’s subcontract for similar services with the Indiana Department of Administration, the state’s second highest appellate court has ruled.
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'Continuing wrong' statute makes malpractice claim timely

December 30, 2011
Jenny Montgomery
A doctor who was the subject of a malpractice claim due to his patient losing consciousness and causing a crash while driving is not entitled to summary judgment, the Indiana Court of Appeals held.
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COA rules on estate representative's banking activity

December 30, 2011
Michael Hoskins
The Indiana Court of Appeals has overturned a Lake County judge in an estate case involving a personal representative who conducted banking transactions for an elderly man before his death.
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Split COA reverses trial court in personal injury case

December 30, 2011
Jenny Montgomery
Two Indiana Court of Appeals judges reversed a trial court’s denial of a woman’s motion for prejudgment interest in a case stemming from a car crash.
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Uncommunicative felon fails to persuade COA that trial court erred

December 30, 2011
Jenny Montgomery
The Indiana Court of Appeals has sided with a trial court in determining that testimony about a felon’s silence post-arrest was not inappropriate.
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Judges find eviction was allowed

December 30, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled that M&I Bank was allowed to evict two residents of a home that had been foreclosed because they were leasing and the bank had become owner in a sheriff’s sale.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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