Courts

Life sentence upheld for man who killed neighbor

December 19, 2013
Jennifer Nelson
The Indiana Supreme Court rejected a man’s claims that certain photos of a murder victim should not have been admitted at his trial. The justices upheld Tyrice Halliburton’s life without parole sentence for the murder of Sheena Kiska.
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Man’s second federal child-porn conviction sticks, 7th Circuit rules

December 19, 2013
Dave Stafford
A man whose first federal child pornography conviction was reversed on appeal struck out in his second appearance before the 7th Circuit Court of Appeals after he was reconvicted of the same 16 counts.
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Question over who should have mown grass prevents summary judgment

December 18, 2013
Marilyn Odendahl
A trial court’s decision to grant summary judgment to a homeowner after a man slipped and fell on her property was overturned when the Indiana Court of Appeals found sufficient dispute over material facts.
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State appeals ruling against right-to-work law

December 18, 2013
Dave Stafford
Attorney General Greg Zoeller announced Wednesday the state has asked the Indiana Supreme Court to reverse a Lake County judge’s order invalidating the right-to-work law that bans compulsory union dues.
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Cybersecurity expert: ruling on surveillance program ‘extraordinarily significant’

December 18, 2013
IL Staff
Indiana University Maurer School of Law professor Fred Cate heralded the decision handed down Dec. 16 by U.S. District Judge Richard J. Leon as possibly landing a crippling blow to the federal government’s surveillance program.
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COA: County officials not bound to collective bargaining agreement

December 18, 2013
Jennifer Nelson
An issue of first impression arose in a lawsuit in which a local union argued that the Madison County assessor and recorder had to follow the terms of a collective bargaining agreement that the county had entered into with UAW.
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State not allowed to intervene in Weinberger case

December 18, 2013
Jennifer Nelson
Finding the law does not allow the state to become a party to otherwise private litigation at any stage of the proceedings, the Indiana Court of Appeals reversed its prior order granting the state’s motion to intervene in a settlement reached between former doctor Mark Weinberger and the estate of a patient.
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Judges clarify late-filed amendment required reversal, not remand

December 18, 2013
Jennifer Nelson
On a petition for rehearing, the Indiana Court of Appeals affirmed its decision to reverse a habitual offender enhancement because the amendment to the habitual offender allegation was made after the trial started and prejudiced the defendant’s rights.
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8-year sentence upheld for teen who killed friend while street racing

December 18, 2013
Jennifer Nelson
A Madison County man who crashed his car while street racing, which killed one passenger and injured two others, could not convince the Indiana Court of Appeals that the trial court erred in declining to give a lesser-included instruction of reckless driving at his trial for reckless homicide.
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Support strong for treatment instead of incarceration in the DOC

December 18, 2013
Marilyn Odendahl
David Powell, executive director of the Indiana Prosecuting Attorneys Council, strongly believes that addressing drug dependency and mental health issues can reduce the state’s recidivism rate and, in turn, lower the crime rate.
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Criminal code overhaul shifts focus to sentencing

December 18, 2013
Marilyn Odendahl
The exploding prison population was a key motivator for revising the state’s criminal code, but an independent research group has concluded the new statute will cause a quicker increase in the number of inmates.
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Timing of wrongful death claim disputed

December 18, 2013
Marilyn Odendahl
In a wrongful-death claim filed nearly five years after a nursing home death, the Indiana Supreme Court is considering whether in instances of fraudulent concealment the two-year limitation clock starts over or if giving plaintiffs “reasonable time” to file is an acceptable standard.
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Advocates say justice was delayed, but deal positive for Gingerich

December 18, 2013
Dave Stafford
More than three years after 12-year-old Paul Gingerich was improperly sentenced as an adult to 30 years in prison for his role in a killing, he now has a chance to be free at 18 – an imperfect result, advocates say, that nonetheless might be the best possible under the circumstances.
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Disciplinary Actions - 12/18/13

December 18, 2013
IL Staff
Read who's been suspended or reinstated to practice in Indiana.
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Federal Bar Update: Rule 45 amendments on subpoenas took effect Dec. 1

December 18, 2013
John Maley
Amendments took effect Dec. 1 to Rule 45 of the Federal Rules of Civil Procedure. Also, amendments took effect to several of the Southern District of Indiana’s Local Rules.
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Fees against IHSAA for unreasonable litigation upheld

December 17, 2013
Dave Stafford
The Indiana High School Athletic Association should pay for its insistence on enforcing rules that courts repeatedly said were arbitrary and capricious, an appeals panel ruled Tuesday.
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Injured worker has to prove company is secondarily liable in workers' comp claim

December 17, 2013
Marilyn Odendahl
The Indiana Court of Appeals split in deciding a workers’ compensation claim concerning who had the burden to prove whether the true value of work exceeded $1,000 and, therefore, triggered secondary liability.
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Reversal: Insurer had duty to provide dental office full coverage

December 17, 2013
Dave Stafford
An insurer that for decades wrote policies for a dental office had a special duty to advise the office about coverage and ensure the office was fully covered, the Indiana Court of Appeals ruled Tuesday in reversing summary judgment in favor of the insurer.
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Supreme Court revives Rockport plant proposal

December 17, 2013
Dave Stafford
The Indiana Supreme Court revived a controversial state-backed deal that would facilitate construction of a $2.7 billion coal-using synthetic natural gas plant in Rockport. The decision likely sets up another round of state regulatory review if developers choose to move forward.
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Court erred, twice rejected settlement in covenant case

December 16, 2013
Dave Stafford
A trial court erred in denying a homeowners association’s request for an injunction against a resident who parked a trailer on her lot. The court then twice rejected joint settlement requests, according to a panel of the Indiana Court of Appeals.
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Clenched fist and aggressive behavior merit resisting law enforcement conviction

December 13, 2013
Marilyn Odendahl
The Indiana Supreme Court acknowledged that precedent does not provide a clear definition of “resisting arrest,” but still the court knew it when it saw it in a case where a man was subdued with a Taser after ignoring a police officer’s order to get down on the ground. 
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Despite objections, molester can’t appeal prior physical abuse testimony

December 13, 2013
Dave Stafford
Objections made to a line of questioning at a man’s child molestation trial that he had previously assaulted the victim and the victim’s mother didn’t properly preserve the issue, a Court of Appeals panel ruled Friday in affirming his conviction.
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7th Circuit blasts counsel, tosses race-based traffic-stop appeal

December 13, 2013
Dave Stafford
An Elkhart man failed to show a traffic stop and drunken-driving arrest was unconstitutional in an appeal that a 7th Circuit Court of Appeals panel rejected with an opinion blasting his lawyer’s work.
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21st Amendment chain blocked from federal cold-beer suit

December 12, 2013
Dave Stafford
A magistrate judge has blocked a retail liquor store chain’s bid to join a federal lawsuit filed by convenience stores challenging an Indiana law that forbids them from selling cold beer.
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Justices decline to apply dollar for dollar credit for Social Security retirement benefits

December 12, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday declined to revisit previous caselaw regarding crediting Social Security Retirement benefits to a noncustodial parent’s child support obligation. The justices affirmed the trial court’s decision to include the benefits in the custodial parent’s weekly adjusted income.
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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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