Courts

Judge and his wife use son's death to discuss prescription drug abuseRestricted Content

December 8, 2010
Michael Hoskins
The scream that pierced the silence one morning almost two years ago is one that haunts Marion Superior Judge Bill Nelson every day, and it likely will for the rest of his life.
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Fewer filings, newer trends

December 8, 2010
Michael Hoskins
The number of cases filed in the state courts dropped slightly in 2009 from the previous year, but the nearly two million filings still amounted to the second-highest number ever for Indiana.
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Justices order Marion traffic judge's suspension

December 8, 2010
Michael Hoskins
The Indiana Supreme Court has suspended the Marion County traffic judge who’s admitted he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants from exercising their constitutional right to trial.
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Local courts, educational program named after 3 Indiana jurists

December 8, 2010
Michael Hoskins
The practice of naming a building after someone is a longstanding tradition throughout the country, but one of the most common practices in those renamings is waiting until someone dies to dedicate that place.
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Settlement reached on foster care rates

December 8, 2010
Michael Hoskins
The Indiana Department of Child Services has agreed not to cut subsidies for foster and adoptive parents and other caregivers as part of a class-action settlement in federal court.
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Disciplinary Actions - 12/8/10

December 8, 2010
Read who's been suspended by the Indiana Supreme Court.
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Court reverses because of DCS notification policy

December 7, 2010
Michael Hoskins
The Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying him of CHINS proceedings that ultimately led to his paternal rights being taken away.
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Judges uphold denying visitation to ex-partner

December 7, 2010
Jennifer Nelson
The Indiana Court of Appeals ruled today that lawmakers didn’t intend to allow parents to establish joint custody with third parties under Indiana Code Section 31-17-2-3 by simply filing a joint petition with a trial court. Doing so would allow parents and third parties to circumvent the requirements of the Adoption Act.
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Sale to trust creates first impression

December 6, 2010
Jennifer Nelson
A sale of a home to a trust that included disputed errors in a sales disclosure form presented an issue of first impression for the Indiana Court of Appeals Monday.
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Court splits on duty owed by independent contractor

December 6, 2010
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an “impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was injured.
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Social-services recipients entitled to injunctive relief

December 3, 2010
Jennifer Nelson
The Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana Court of Appeals ruled Friday.
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COA: Man’s intoxication doesn’t prevent recovery

December 3, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a bar because the trial court was incorrect in ruling that an injured man’s voluntary intoxication precluded any recovery under the Dram Shop Act.
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Court orders attorney’s fees following bad faith appeal

December 2, 2010
Jennifer Nelson
The Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to the estate.
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7th Circuit: judge erred when sentencing man

December 2, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.
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Judges: Officers lacked reasonable suspicion to stop and detain man

December 1, 2010
Jennifer Nelson
Because a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court of Appeals reversed his drug conviction today.
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Appellate court upholds enforcing settlement agreement

November 30, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a Marion Superior judge’s decision to enforce a disputed settlement agreement, finding the parties agreed to the essential terms resolving the issues between them.
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ALJ didn't inform vocational expert on the totality of claimant's limitations

November 29, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a District Court’s upholding of the Social Security Administration’s denial of a woman’s application for benefits because the Administrative Law Judge erred by not including her moderate limitation on concentration, persistence, and pace in the hypothetical he posed to a vocational expert.
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COA: admitting teen's confession was a fundamental error

November 29, 2010
Jennifer Nelson
An Indiana Court of Appeals decision today places a burden on police officers to make sure interview room video cameras don’t infringe upon meaningful consultation when a juvenile is involved.
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Circuit Court reverses stay on producing public records

November 29, 2010
Jennifer Nelson
A northern Indiana District Court was wrong in granting a Wisconsin city’s motion for a stay, which allowed the city to withhold public records from the bank suing it for violating securities law, the 7th Circuit Court of Appeals concluded today. The issue was whether the order issued by a state court for the city to produce the documents could be stayed by federal law because the request constituted discovery proceedings.
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AG's involvement questioned in prosecutor forfeiture suit

November 24, 2010
Michael Hoskins
The Indiana Attorney General’s Office plans to “zealously defend” 78 prosecutors being sued over civil forfeiture collection practices, meaning the state courts will likely have to analyze not only the merits of that issue but also whether two separate state statutes restrict how Indiana’s top attorney can intervene in this taxpayer-filed qui tam lawsuit.
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Opinion regarding insurance company considers definition of ‘ever’

November 24, 2010
Rebecca Berfanger
An Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever” on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled, or non-renewed.”
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Court didn't err in ordering cash bond

November 24, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s order that the two beneficiaries of a piece of property who objected to the sale of the land must each pay a $100,000 cash bond. The case also gave the appellate court the opportunity to decide the standard of review in this type of challenge.
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Justices order Marion County traffic judge's suspension

November 24, 2010
Michael Hoskins
The Indiana Supreme Court has ordered the 30-day no pay suspension of the Marion County traffic judge who’s admitted he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants from exercising their constitutional right to trial.
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Marion Traffic judge suspended for 30 days

November 24, 2010
Michael Hoskins
The Indiana Supreme Court has suspended Marion County Traffic Judge William E. Young for 30 days.
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Indiana traffic court issues dent judiciary's public perception

November 24, 2010
Michael Hoskins
Two central Indiana traffic court judges are under fire for their conduct and practices in their courtrooms, with one Marion Superior judge facing disciplinary charges after sparking statewide legislative changes and criticism from the Indiana Court of Appeals.
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  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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