Courts

ABA releases tool to assess cognitive impairment

July 30, 2014
Marilyn Odendahl
To help attorneys who are concerned about the intellectual fitness of another lawyer or judge, the American Bar Association has recently released a cognitive assessment tool. The “Working Paper on Cognitive Impairment and Cognitive Decline” is a questionnaire designed to give attorneys guidance in determining whether a partner or friend is just having a bad month or is suffering from something more serious. It also provides recommendations for talking to a colleague who is exhibiting troublesome behavior.
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Supreme Court committee studying alternatives to bail

July 30, 2014
Marilyn Odendahl
The Committee to Study Evidence-Based Pretrial Release was established by Indiana Chief Justice Brent Dickson in December 2013. The Supreme Court wants a study and evaluation of the risk-assessment tools that are available to determine when pretrial release is appropriate and under what conditions.
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State agencies claim information protected by deliberative process privilege

July 30, 2014
Marilyn Odendahl
An acrimonious fight between an Indiana businessman and the Indiana Department of Revenue has not only forced the Indiana Tax Court to take the unusual step of getting involved in the discovery process but also created a case of first impression.
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Video depositions can be a compelling trial tool

July 30, 2014
Marilyn Odendahl
The ability to catch the nonverbal messages and vocal inflections made by witnesses and experts is the biggest benefits to videotaping depositions, attorneys say.
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Disciplinary Actions - 7/30/14

July 30, 2014
IL Staff
Read who's recently resigned or been suspended by the Indiana Supreme Court.
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Police questioning gets conviction booted a second time

July 29, 2014
Marilyn Odendahl
The child molesting conviction of a Lafayette man has again been overturned by the Indiana Court of Appeals because of problems with statements he made to police.
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Church legal clinic gives immigrants place to turn

July 29, 2014
 Associated Press
The Bridge Community Church in Logansport recently opened Indiana's 13th nonprofit immigration clinic licensed through the U.S. Bureau of Immigration Appeals.
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Court allows education board lawsuit to proceed

July 29, 2014
 Associated Press
A Marion County judge has cleared the way for a lawsuit to proceed against members of the State Board of Education that alleges public access violations.
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Indiana BMV asks court to delay vanity plate sales

July 29, 2014
 Associated Press
The Indiana Bureau of Motor Vehicles has asked the state Supreme Court for permission to continue its suspension on sales of vanity plates until a court case is settled.
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Same-sex couples ask Social Security Administration to recognize their Indiana marriage

July 28, 2014
Marilyn Odendahl
A pair of Indiana same-sex couples who were married in June have asked the U.S. Social Security Administration to recognize their marriages.
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Justices to review denial of shooter's insanity defense

July 28, 2014
Dave Stafford
The Indiana Supreme Court will hear the appeal of a man whose 120-year sentence on conviction of four counts of attempted murder was reversed by the Court of Appeals.
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Warrantless search based on smell does not violated 4th Amendment

July 28, 2014
Marilyn Odendahl
Despite the absence of danger to the public, the strong odor of raw marijuana provided the probable cause a police officer needed to conduct a warrantless search.
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COA rules grandparent visitation order prejudiced father

July 28, 2014
Dave Stafford
A father who asked the trial court for a continuance to hire a lawyer after he realized his child’s grandparents had hired an attorney was prejudiced when the request was denied, the Indiana Court of Appeals ruled Monday.
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Prisoner wins right to recruit counsel in federal civil suit

July 28, 2014
Dave Stafford
A prisoner was improperly denied counsel to help with discovery in his federal lawsuit that claimed a medical provider was deliberately indifferent to glaucoma that ultimately required removal of part of his eye.
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7th Circuit rejects prisoner’s ineffective assistance appeal

July 28, 2014
Dave Stafford
A man convicted of attempted murder failed to convince a panel of the 7th Circuit Court of Appeals that he suffered sufficient prejudice to warrant relief from a 90-year sentence imposed after a brutal crime.
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7th Circuit affirms dismissal of Indianapolis wrongful arrest suit

July 28, 2014
Dave Stafford
A plaintiff who judges say took a “kitchen sink” approach to litigation over an alleged wrongful arrest failed to convince the 7th Circuit Court of Appeals that a federal judge in Indianapolis improperly dismissed most of her complaint.
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Court rules stun gun is deadly weapon under battery statute

July 28, 2014
Dave Stafford
The battery with a deadly weapon conviction of a man who attacked a resident manager at a Noblesville trailer park with a metal pipe and a stun gun was affirmed by the Indiana Court of Appeals Monday.
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Non life-threatening injury gets aggravated battery conviction reversed

July 28, 2014
Marilyn Odendahl
A defendant who shot at a car with a semiautomatic rifle, causing a bullet to graze the driver, did not commit Class B felony aggravated battery because the injury inflicted upon the victim did not create a substantial risk of death.
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Hogsett joining Bose McKinney & Evans

July 28, 2014
IL Staff
Outgoing U.S. Attorney Joe Hogsett will join the Indianapolis law firm of Bose McKinney & Evans LLP, effective Aug. 1, the firm announced in a news release Monday.
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7th Circuit denies en banc motion in same-sex marriage challenge

July 25, 2014
Marilyn Odendahl
The 7th Circuit Court of Appeals denied the state’s motion and will seat the standard three-judge panel when it hears oral arguments next month on Indiana’s same-sex marriage lawsuits.
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Employee's auto accident on way home from business meeting not company's fault

July 25, 2014
Marilyn Odendahl
A company whose employee hit and killed another motorist after having dinner and drinks with a client is not liable because the employee was “going and coming” from work when the tragedy occurred, the Indiana Court of Appeals ruled.
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Plaintiffs say they joined same-sex marriage lawsuit because ‘We wanted to be married’

July 25, 2014
Marilyn Odendahl
Although oral arguments in the Indiana same-sex marriage lawsuits will not be heard until late August, plaintiffs in one of the cases are hoping the 7th Circuit Court of Appeals acts quickly so their challenge can be heard by the Supreme Court of the United States.
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COA reverses ruling against Carmel in building dispute

July 25, 2014
Dave Stafford
A Carmel couple who successfully sued the city that at first permitted construction of an accessory building that neighbors later complained was taller than zoning codes allowed lost Friday at the Indiana Court of Appeals.
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Additional public defender fees without hearing affirmed

July 25, 2014
A man who appealed a court order that he pay fees in excess of the statutory public defender fee capped at $100 lost his appeal, though one judge said the trial court must hold a hearing on the defendant’s ability to pay.
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State asks judge to delay right-to-work ruling

July 25, 2014
 Associated Press
The Indiana attorney general's office has asked a judge to put on hold his order striking down the state's right-to-work law.
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  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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