Courts

Justices differ on defining 'youth program center'

June 9, 2010
Jennifer Nelson
Two Indiana Supreme Court justices objected to affirming a man’s drug sentence for possession within 1,000 feet of a “youth program center” because the church that ran the programs wasn’t easily identifiable as regularly running programs for kids.
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Articles about pending cases raise concernsRestricted Content

June 9, 2010
Michael Hoskins
At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.
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Indiana Justice Boehm stepping down after 14 years

June 9, 2010
Michael Hoskins
After more than a decade on the Indiana Supreme Court, Justice Theodore Boehm is ready to enter the next stage of his life and career.
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Criminal tax evasion offers legal option in targeting dog, puppy millsRestricted Content

June 9, 2010
Michael Hoskins
A July 2009 law put more strength behind local prosecutors and state regulators who can now more diligently pursue illegal animal activity of puppy mills who don't pay taxes.
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Schedule set to fill upcoming Indiana Supreme Court vacancyRestricted Content

June 9, 2010
Michael Hoskins
Anyone who wants to be the next Indiana Supreme Court justice has until the end of June to apply for upcoming vacancy on the state’s highest court.
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Senate votes on federal magistrate's nomination

June 9, 2010
Michael HoskinsMore

Justices order new trial based on traffic judge's conduct

June 9, 2010
Michael Hoskins
The Indiana Supreme Court has set the stage for a judicial disciplinary action against a Marion County Traffic Court judge for his courtroom conduct on a speeding and suspended license case last year.
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Pizza chain sued for Rockwell-themed ads

June 9, 2010
Jennifer Nelson
The owners of the rights to Normal Rockwell art are suing a Michigan-based pizza company for re-creating a famous painting to sell pizzas during the holidays.
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Officer's questions went beyond seat belt act

June 9, 2010
Jennifer Nelson
The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge" in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.
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Man's suit filed after all statutes of limitations

June 9, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed a Logansport resident has standing to sue his city over the operation and management of a city park, but that his suit is barred by statutes of limitations.
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Court excited about magistrate's elevation

June 8, 2010
Michael Hoskins
Within a week, the state's third federal female judge could be ready to handle her constitutionally created duties in the Southern District of Indiana.
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7th Circuit upholds denial of alien's motion to dismiss

June 8, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s motion to dismiss because he failed to meet any of the law’s exhaustion requirements.
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Court to award $290,000 for abuse programs

June 3, 2010
The Indiana Court Improvement Program has announced it will be giving away up to $290,000 in grants to programs that help families and children involved in cases of neglect or abuse.
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Schedule set for Supreme Court justice vacancy

June 2, 2010
Michael Hoskins
Anyone who wants to be the next Indiana Supreme Court justice has until the end of this month to apply.
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Justices deny transfer in more than a dozen cases

June 1, 2010
Rebecca Berfanger
The Indiana Supreme Court considered 13 appeals during the past week, denying them all and rejecting a case that it had previously agreed to hear.
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SCOTUS reverses 7th Circuit on sex offender registration

June 1, 2010
Michael Hoskins
The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.
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7th Circuit won't stay ruling, despite likely SCOTUS appeal

May 28, 2010
Michael Hoskins
The 7th Circuit Court of Appeals won’t stay its ruling that allows an independent state agency access to records about mentally ill inmates’ treatment, even though the Indiana government agency being sued is appealing to the Supreme Court of the United States.
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Court sets drug-court termination requirements

May 28, 2010
Elizabeth Brockett
An Indiana Court of Appeals ruling today sets requirements for drug court terminations after a man’s participation was terminated without minimum due process.
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COA: Breathalyzer certificate is not testimonial

May 28, 2010
Rebecca Berfanger
For the first time since the Supreme Court of the United States’ 2009 ruling that found a defendant had a Sixth Amendment right to confront the analysts who prepared lab certificates certifying the defendant had cocaine, the Indiana Court of Appeals ruled that a trial court did not violate the defendant’s right to confrontation by allowing the inspection certificate for a breathalyzer into evidence, even though the certifier of the equipment did not testify at trial.
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Debate swirls around citations, use of the NFPRestricted Content

May 26, 2010
Michael Hoskins
Envision a world in which lawyers successfully defended a client on what all parties thought was a significant legal issue, but future attorneys couldn't use that case result to help persuade judges in their litigation.
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Indiana Scouts proud of their ownRestricted Content

May 26, 2010
Michael Hoskins
A small paperweight sits on attorney Terry White’s desk in Evansville, reminding him of an organization and motto that’s been a central part of his life since childhood. No matter the issue he faces in the legal world or in his personal life, he knows that he can always find guidance in the phrase close to his heart.
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Attorneys say ruling confuses discovery regarding expert materialsRestricted Content

May 26, 2010
Michael Hoskins
A liability lawsuit filed by the victims of a water-heater explosion a year after the May 2004 blast has erupted in its own metaphorical explosion of discovery disputes.
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Indiana AG officially joins health care suit

May 14, 2010
Michael Hoskins
Following through on a promise from more than a month ago, the Indiana Attorney General today joined a lawsuit challenging the new federal health care law passed by Congress earlier this year.
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Attorney's 6th SCOTUS visit intenseRestricted Content

May 12, 2010
Michael Hoskins
A Terre Haute lawyer made his sixth argument before the nation’s highest court April 28, and he describes the hour-long experience to be the most intense of those he’s had before the Supreme Court of the United States.
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7th Circuit to rehear Second Amendment caseRestricted Content

May 12, 2010
Rebecca Berfanger
Advocates of domestic-violence victims and gun owners have their sights set on an upcoming oral argument at the 7th Circuit Court of Appeals in Chicago. The case of interest raises the issue of whether someone who has been convicted of a domestic-violence misdemeanor should be able to have a gun for hunting purposes.
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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