Courts

Attorney’s report alleges trucking school small-claims abuses

July 26, 2013
Dave Stafford
An attorney’s report examining more than 7,700 lawsuits filed by an Indianapolis-based trucking school in just two Marion County township small-claims courts alleges systemic abuses that resulted in thousands of judgments against people who may never have stepped foot in the county or the state.
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Bankruptcy Court revises Chapter 13 plan model form

July 26, 2013
IL Staff
The Bankruptcy Court for the Southern District of Indiana will require use of a revised Chapter 13 plan model form after Aug. 15, pursuant to Local Rule B-3015-1. The form is available on the court's website and may be used immediately.
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Blogger attorney’s disciplinary commission hearing to be public

July 25, 2013
Dave Stafford
Indianapolis attorney Paul Ogden’s hearing next week before the Indiana Disciplinary Commission will be open to the public after he waived confidentiality that’s customary in such proceedings.
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Judges disagree on whether Rhode Island law applies in wrongful death case

July 25, 2013
Jennifer Nelson
A Court of Appeals judge dissented from her colleagues’ decision that Rhode Island law should apply in awarding a wrongful death settlement because she believed that the Rhode Island court would have found Indiana law applies.
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7th Circuit addresses 'khat' convictions for first time

July 25, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has ruled on many types of drug cases, but was presented with a new drug to consider for the first time: “khat,” a popular drug among the Somali community.
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Sex offender not eligible to participate in county diversion program

July 25, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for judicial review after he was denied placement by the court in the Vanderburgh County Forensic Diversion Program. The COA held that there was no final administrative decision for the court to review.
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‘Am I going to need an attorney?’ is not request for attorney, rules COA

July 25, 2013
Jennifer Nelson
A suspect’s question during interrogation as to whether he’d need an attorney is not considered a request for an attorney, thus requiring police to stop interrogating him, the Indiana Court of Appeals ruled Thursday.
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COA orders court grant petition to set aside tax deed

July 25, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a trial court’s reasoning in denying a petition to set aside a tax deed that a county auditor was excused of the duties imposed under statute because compliance wouldn’t have resulted in a property owner actually receiving notice of a tax sale.
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7th Circuit: Attorney’s deficient performance prejudiced defendant

July 24, 2013
Jennifer Nelson
Finding that an appellate attorney opted for a “hopeless sufficiency challenge” instead of the obvious claim challenging the validity of an amended information that elevated a charge to murder, the 7th Circuit Court of Appeals reversed the denial by the federal court of the man’s petition for writ of habeas corpus.
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COA: Police escort into home does not violate 4th Amendment

July 24, 2013
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.
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Judge: Continuing current sequestration cuts would be ‘devastating’ to justice system

July 24, 2013
IL Staff
A federal judge implored a Senate panel Tuesday to provide sufficient funding for U.S. courts, warning that the general public will lose the access to justice that has been a hallmark of this country.
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COA: Court must hold another hearing on custody

July 23, 2013
Jennifer Nelson
A trial court may refuse to approve a settlement agreement entered into by parents regarding custody of minor children, the Indiana Court of Appeals pointed out Tuesday, but in this case, the court erred by not granting the father’s motion for a continuance regarding his mental health evaluation.
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Appeals court orders more proceedings in pulley lawsuit

July 23, 2013
Jennifer Nelson
Finding the trial court shouldn’t have granted summary judgment in favor of a distributor on a buyer’s claim of breach of implied warranty of merchantability regarding pulleys provided by the distributor, the Indiana Court of Appeals remanded to the trial court to take another look at the issue.
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ACLU files suit over denial of prisoner’s request to pray in group

July 23, 2013
IL Staff
The American Civil Liberties Union of Indiana announced Monday that it has filed a lawsuit on behalf of a prisoner who practices the African Hebrew Israelite religion because the Pendleton Correctional Facility won’t allow the religious group to congregate for prayer unless a volunteer is present.
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Public safety chief to address Marion County probation staff

July 23, 2013
IL Staff
Indianapolis-Marion County Public Safety Director Troy Riggs will be among the featured speakers for an event Wednesday honoring staff of the county probation department.
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Sewer district owed refund in easement dispute

July 22, 2013
Jennifer Nelson
The Indiana Court of Appeals ordered the White Circuit Court clerk to refund the thousands of dollars a sewer district overpaid in damages for easements on a couple’s property to construct sewers. The appellate court held that the trial court improperly admitted the court-appointed appraisal report.
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COA affirms second imposition of habitual-offender enhancement

July 22, 2013
Jennifer Nelson
A Tippecanoe County man whose sentence enhancement for being a habitual offender was overturned by the Indiana Supreme Court – but later re-imposed after a retrial – was unable to convince the Indiana Court of Appeals that his retrial was barred by res judicata.
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Bail bond issues dominate Commission on Courts meeting

July 19, 2013
Marilyn Odendahl
Although charged with only one duty, the Commission on Courts has added the controversial topic of bail bonds to its summer study agenda.
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Judges formalize reaffirmation of City-County Building firearms ban

July 19, 2013
Dave Stafford
Marion County judges on Friday formally reaffirmed a 2007 policy banning firearms from the City-County Building. Law-enforcement personnel and judicial officers are exempt from the prohibition.
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Search of man, car that led to drug arrest constitutional, COA rules

July 18, 2013
Jennifer Nelson
The Indiana Court of Appeals concluded Thursday that the search of the man who supplied cocaine to buyers as well as the search of his car did not violate state and federal constitutions.
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Inmate loses negligence suit on appeal

July 18, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment for the Adams County sheriff, finding an inmate was unable to make a prima facie case for negligence. The inmate sued after contracting a methicillin-resistant staphylococcus aureus – or MRSA – infection after visiting the hospital.
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COA rules company not entitled to surplus funds under agreement

July 18, 2013
Jennifer Nelson
An Owen Circuit judge erred by granting a Colorado company’s petition to claim surplus funds from the tax sale of property belonging to Ora and Leafie Chambers, the Court of Appeals ruled Thursday. The couple signed an agreement that transferred their right of the surplus funds from the sale of their property to Asset Recovery Inc.
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Grants available for CHINS, termination of parental rights projects

July 18, 2013
IL Staff
The Indiana Court Improvement Program is accepting applications for projects that are designed to improve the safety and permanency of children and families involved in children in need of services and/or termination of parental rights proceedings.
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COA finds no error in Class A felony attempted robbery conviction

July 18, 2013
Jennifer Nelson
After determining it had jurisdiction over a defendant’s appeal, the Indiana Court of Appeals affirmed his conviction of Class A felony attempted robbery instead of a lesser-included offense.
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Justices: Order giving grandmother visitation rights is void

July 18, 2013
Jennifer Nelson
Because a grandmother did not have standing under the terms of Indiana’s Grandparent Visitation Statute to pursue visitation, the Indiana Supreme Court affirmed the trial court’s finding that an original order granting visitation is void. The woman wanted to see her two grandchildren whose mother was murdered by the grandmother’s son.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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