Courts

Justices bar Arizona lawyer due to advertising rule violations

May 27, 2011
Michael Hoskins
Out-of-state attorneys have received a fresh warning from the Indiana Supreme Court, one that specifically reiterates that everyone should know this state’s attorney advertising rules when promoting oneself as being “specialized” in a particular area of law or practicing with a “national firm.”
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Court rules on public defender fee imposition

May 27, 2011
Michael Hoskins
The Indiana Court of Appeals has decided that a state statute’s indigency hearing requirement doesn’t apply when a defendant has entered into a cash bail-bond agreement, meaning a trial court can use that bond money to pay court costs such as the imposed public defender fee.
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Hamilton County judge receives public reprimand

May 27, 2011
Michael Hoskins
The Indiana Supreme Court issued a public reprimand against Hamilton Superior Judge William J. Hughes, the disciplinary sanction stemming from an out-of-state drunk driving arrest.
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Justices rule on first impression issue involving sentence modification

May 26, 2011
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Thursday afternoon in which the justices found the trial judges involved erred in modifying the defendants’ sentences from Class D felonies to Class A misdemeanors.
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Insurer not entitled to rescind home insurance policy

May 26, 2011
Jennifer Nelson
The failure to disclose true value in a real estate insurance context doesn’t give rise to a rescission claim, the Indiana Court of Appeals held in a case of first impression.
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Officials weigh-in on ACLU immigration lawsuit

May 26, 2011
Jenny Montgomery
The governor has no comment on a class-action lawsuit filed Wednesday regarding Senate Enrolled Act 590, said Jane Jankowski, spokeswoman for Gov. Mitch Daniels. The suit – filed by the American Civil Liberties Union of Indiana – aims to prevent two components of the immigration legislation from becoming law on July 1.
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Court reverses feticide convictions on double jeopardy grounds

May 26, 2011
Jennifer Nelson
The man who shot a pregnant teller during a bank robbery, which led to the death of her twins, had his two felony feticide convictions vacated by the Indiana Court of Appeals because of double jeopardy violations.
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Southern District lobby hours changing

May 26, 2011
IL Staff
The lobby hours for the clerk’s offices in the United States District Court and Bankruptcy Court in the Southern District of Indiana will be different beginning July 1. Both clerk’s lobby hours will be 8:30 a.m. to 4:30 p.m. These changes are applicable to all divisions in the Southern District.
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ACLU of Indiana files suit against immigration legislation

May 25, 2011
Jenny Montgomery
The American Civil Liberties Union of Indiana filed a federal lawsuit Wednesday in the U.S. District Court's Southern District of Indiana, challenging the wording of a new Indiana law designed to curb illegal immigration.
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Hundreds gather for rally against Indiana Supreme Court ruling

May 25, 2011
Michael Hoskins
Nearly 300 people gathered on the steps of the Indiana Statehouse Wednesday, many calling for the recall of Indiana Supreme Court Justice Steven H. David. Justice David authored the recent high court ruling that held individuals don’t have the right to resist police who enter their home, even if those entries are illegal.
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Issue of fact precludes summary judgment in insurance case

May 25, 2011
Jennifer Nelson
Neither side in a dispute over whether a deceased man’s auto insurer should provide coverage for losses from an accident that occurred while he was driving his girlfriend’s car is entitled to summary judgment, the Indiana Court of Appeals ruled Wednesday. A genuine issue of material fact remains as to whether the girlfriend’s car was furnished or available for the man’s regular use.
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Bankruptcy courts amend local rules, seek comment

May 25, 2011
IL Staff
The United States Bankruptcy Court in the Southern District of Indiana has amended several local rules. In the Northern District, the Bankruptcy Court seeks comment on a proposed rule change.
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Proposed rules provide uniformity for parenting coordinators

May 25, 2011
Jennifer Nelson
The use of parenting coordinators is increasing around the state. But depending on where you are in Indiana, the authority of the parenting coordinator – PC – may differ. In an effort to create uniformity, rules are being proposed that would regulate the role and authority of PCs.
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Views shift on use of executions

May 25, 2011
Michael Hoskins
What if 1976 hadn’t played out the way it did, and some of the jurists on the U.S. Supreme Court had held the view of capital punishment at that juncture that they did at the end of their judicial careers? The death penalty may never have been reinstated.
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What's next for Indiana's death penalty?Restricted Content

May 25, 2011
Michael Hoskins
Unlike other states, Indiana has not abolished or suspended use of executions.
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In his honor...

May 25, 2011
IL Staff
A ceremony May 11 marked the official renaming and dedication of the Lake Superior court building in East Chicago in honor of recently retired Lake Circuit Judge Lorenzo Arredondo.
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Disciplinary Actions - 5/25/11

May 25, 2011
IL Staff
Read who's been suspended by the Indiana Supreme Court.
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Change allows closed-circuit testimony for child victimsRestricted Content

May 25, 2011
Jenny Montgomery
On July 1, Indiana will begin allowing the use of closed-circuit testimony in certain court cases. Introduced as House Bill 1215 and signed into law by Gov. Mitch Daniels, the amendment to Indiana Criminal Code 35-37-4-6 may help minimize emotional distress for child victims.
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The evolution of capital punishmentRestricted Content

May 25, 2011
IL Staff
The Indiana Lawyer takes a historical look at how the death penalty system has evolved during the past 40 years and how Indiana has amended its practices and procedures through the decades.
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Federal magistrate ready for the bench

May 25, 2011
Michael Hoskins
The U.S. District Court for the Southern District of Indiana officially has its newest magistrate.
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Panel orders lower court to enforce protective order

May 24, 2011
Michael Hoskins
Highlighting a bias in state statute relating to protective orders, the Indiana Court of Appeals has held that an accuser’s request for a civil contempt hearing against someone alleged to have violated a protective order can’t be tied to any other criminal or civil proceedings under way or available in the future.
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COA rules in favor of mother in contentious custody battle

May 24, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court’s decision awarding a mother primary custody of her child, after a joint custody arrangement between the mother and father deteriorated.
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New magistrate judge sworn in

May 24, 2011
IL Staff
Denise K. LaRue became the newest United States magistrate judge in the Southern District of Indiana Tuesday.
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7th Circuit: Indiana judge violated man's Sixth Amendment right to counsel

May 23, 2011
Michael Hoskins
An appellate court has ruled that a senior judge in the Northern District of Indiana violated a man’s Sixth Amendment rights by not allowing him to proceed to trial with the lawyer of his choosing.
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Court rules on medical malpractice excess damages issue

May 23, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled on an issue of first impression, adopting recent guidance from the state’s highest court to decide that evidence relating to medical malpractice liability can be introduced in determining damages even after someone enters into a settlement with the healthcare provider on that underlying claim.
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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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