Courts

COA reverses denial of translated version of hearing

May 10, 2011
Jenny Montgomery
The Indiana Court of Appeals ruled that the post-conviction court abused its discretion when it denied a woman’s request to have access to the electronic recording of her guilty plea hearing.
More

Justices rule on 'no-knock' warrant executions

May 10, 2011
Jennifer Nelson
The Indiana Constitution doesn’t require prior judicial authorization for a “no-knock” execution of a warrant when justified by exigent circumstances, the Indiana Supreme Court held Tuesday. This is the case even if those circumstances are known by police when the warrant is obtained.
More

COA affirms remanded sentence

May 9, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other convictions.
More

Judge rules against former deputy in Taser suit

May 9, 2011
Jennifer Nelson
A federal judge has ruled in favor of the Hamilton County sheriff and other officials in a former employee’s lawsuit filed after the employee was fired for refusing to be shocked by a Taser as part of a training session.
More

Justices take felony murder, child support cases

May 9, 2011
Jennifer Nelson
The Indiana Supreme Court has granted transfer to two cases - a convicted murder’s appeal and a case involving child support nonpayment.
More

Federal judge upholds death sentence

May 6, 2011
Michael Hoskins
A federal judge in northern Indiana has denied a condemned inmate’s request to take him off death row, rejecting multiple claims that include one that would basically create a new rule prohibiting those who are severely mentally ill from being executed as is the standard for the mentally retarded.
More

COA affirms perjury, misconduct convictions against children's caseworker

May 6, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that that a closed hearing on a juvenile proceeding was admissible as evidence in the perjury trial of an Indiana Department of Child Services caseworker.
More

Greene County goes online with Odyssey CMS

May 6, 2011
IL Staff
The Greene County courts and clerk have adopted the use of the Indiana Supreme Court online Odyssey Case Management System.
More

Comment period open for proposed probate rules

May 6, 2011
IL Staff
The final proposed Marion County Probate Rules and Probate Forms, which have been approved by the Marion Superior Court Executive Committee and the General Term of Marion Superior Court, are now available for review and comment.
More

Justices address judicial-temperance presumption

May 6, 2011
Jennifer Nelson
The Indiana Supreme Court used an opinion Thursday to reaffirm the limitation described in Fletcher v. State on the judicial-temperance presumption.
More

Judges order modification of dissolution decree

May 5, 2011
Jennifer Nelson
The Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in value of a property when calculating marital assets and distributing marital property.
More

Chief Justice given Circle of Hope Award

May 5, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard received the Richard M. Fairbanks Circle of Hope Award Wednesday in Indianapolis. He received the award at the 10th annual Fairbanks Circle of Hope Dinner.
More

Beech Grove City judge publicly admonished

May 5, 2011
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has publicly admonished Beech Grove City Court Judge Charles W. Hunter for comments he made last year to an Indianapolis television reporter.
More

Evansville bar names Gresham award winner

May 4, 2011
Jenny Montgomery
The Evansville Bar Association presented the James Bethel Gresham Freedom Award to Vanderburgh Circuit Judge Carl A. Heldt on April 29 at its annual Law Day dinner.
More

Appellate court orders reinstatement of jury verdict

May 4, 2011
Jennifer Nelson
Finding a trial judge erred when granting a new trial because he didn’t make specific findings in setting aside a jury verdict, the Indiana Court of Appeals reversed the lower court and ordered the jury verdict reinstated.
More

Landlord sent itemized letter on time

May 4, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.
More

7th Circuit addresses sex offender registration law

May 3, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has joined a majority of other circuits nationwide in finding that the federal sex offender registration law is not a retroactive punishment on those who were convicted prior to 2006 and traveled after the law was enacted.
More

Judges split on District Court’s use of Colorado River abstention doctrine

May 3, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals agreed that a homeowners’ citizen suit under the Resource Conservation and Recovery Act against a solid waste dump should be allowed despite two similar suits pending in state court filed by the Indiana Department of Environmental Management. However, the court split when determining whether the District Court erred by dismissing the homeowners’ suit based on the Colorado River abstention doctrine.
More

Committees seek comment on problem-solving courts, programs

May 3, 2011
IL Staff
The Court Alcohol and Drug Program Advisory Committee and the Problem-Solving Courts Committee of the Judicial Conference of Indiana are seeking public comment on the new rules governing problem-solving courts and amendments to the court-administered drug and alcohol programs.
More

SCOTUS denies cert, upholding Indiana's judicial canons

May 2, 2011
Michael Hoskins
It’s official: Indiana’s judicial canons are constitutional and the rules don’t infringe upon a judge or candidate’s free speech rights.
More

Pinched nerve causes chief justice to miss arguments, Evansville event

May 2, 2011
Jennifer Nelson
Indiana Supreme Court Chief Justice Randall T. Shepard is dealing with a painful pinched nerve in his neck but is working on managing the pain and has not been hospitalized as a result of the condition, said Supreme Court Public Information Officer Kathryn Dolan.
More

SCOTUS denies Indiana judicial canons case

May 2, 2011
Michael Hoskins
The Supreme Court of the United States has refused to take a case asking whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
More

General Assembly wraps up on time

May 2, 2011
Jennifer Nelson
The 2011 session of the Indiana General Assembly ended on schedule despite the weeks-long walkout by House Democrats. Now, bills impacting Indiana’s courts and legal community make their way to the governor’s desk.
More

COA rules on unjust enrichment issue for first time

April 29, 2011
Jennifer Nelson
For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent with the contract.
More

First impression issue on 'in loco parentis' doctrine

April 29, 2011
Jennifer Nelson
Until Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
More
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

ADVERTISEMENT