Courts
Store owner’s ‘Spice law’ prosecution may proceed, COA rules
May 6, 2013
Dave StaffordThe state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully
argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative
authority to the Board of Pharmacy.
MoreJustices take Star appeal regarding naming of online commenter
May 6, 2013
Dave StaffordThe Indiana Supreme Court will decide whether the Indianapolis Star must reveal the identity of an online commenter
in a long-running defamation case filed by a former executive of a nonprofit organization.
MoreMore than half of Conour’s inventoried assets gone, feds say
May 3, 2013
Dave StaffordAbout half the property that federal agents inventoried after former personal injury attorney William Conour was charged with
wire fraud is missing from his home, and just 13 of 78 items at his former law office are still there, according to new government
filings in his federal criminal case.
MoreIndy 7th Circuit Conference to host Roberts, Kagan, Lugar
May 3, 2013
Dave StaffordUnited States Chief Justice John G. Roberts, U.S. Supreme Court Justice Elena Kagan and former Sen. Richard G. Lugar are featured
speakers at the 62nd Annual Meeting of the 7th Circuit Bar Association and Judicial Conference opening Sunday in Indianapolis.
MoreJustices will visit Lake County for arguments in drug case
May 3, 2013
IL StaffThe Indiana Supreme Court travels to Merrillville High School May 9 for oral arguments dealing with the admittance of drug
evidence after a vehicle search.
MoreDrug court road trip to make northern Indiana stops
May 3, 2013
IL StaffA national tour highlighting the successes of drug courts and other problem-solving courts will make stops at two northern
Indiana drug courts this month.
MoreClothing labels and security tags not considered hearsay evidence
May 2, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Thursday that clothing from the store H & M that bore the company name and security
tags attached to the clothing could be admitted at a woman’s trial for theft from the store on Black Friday.
MoreCOA: Successive Prosecution Statute not applicable to theft case
May 2, 2013
Jennifer NelsonA Howard Superior judge properly refused to dismiss theft charges against a man because, despite the defendant’s arguments
to the contrary, the Howard County charges were not previously prosecuted in Miami County.
MoreCourt seeks comment on reappointment of Magistrate Cosbey
May 2, 2013
IL StaffThe U.S. District Court in the Northern District of Indiana is now accepting comment on whether Magistrate Judge Roger Cosbey
should be reappointed when his term expires Jan 2, 2014.
MoreJustices order new molestation trial after nurse’s statements admitted improperly
May 2, 2013
Jennifer NelsonRuling that statements two 6-year-olds made regarding alleged molestation to a nurse should not have been admitted under the
hearsay exception in Ind. Rule of Evidence 803(4), the Indiana Supreme Court reversed two child molesting convictions and
ordered a new trial.
MoreTrial set in Carmel's complaint on Palladium construction
May 1, 2013
Andrea Muirragui DavisMediation is scheduled for May 21 in a 2-year-old lawsuit the city of Carmel brought over defects discovered during construction
of its signature Palladium concert hall.
MoreMore franchisees join revolt over Steak n Shake menu pricing
May 1, 2013
Scott OlsonMore Steak n Shake franchisees are revolting over the company’s policy that prohibits restaurants in the chain from
setting their own menu prices.
MoreOfficer pleads not guilty to new drunken-driving charges
May 1, 2013
IL StaffDavid Bisard, the suspended Indianapolis Metropolitan Police Department officer who was charged Monday with misdemeanor drunken-driving
charges while on bail awaiting trial for his role in a fatal accident, pleaded not guilty in Marion County to the new charges.
MoreState must seek EPA approval before reclassifying ethanol plants
April 30, 2013
Jennifer NelsonEven though the Environmental Protection Agency changed a rule to exclude ethanol plants from the category of chemical process
plants which would affect emissions permitting, Indiana had to seek approval from the federal agency before it could reclassify
the ethanol production facilities.
MoreTax court rules that evidence, not conclusory statements, needed to make prima facie case
April 30, 2013
Marilyn OdendahlA doubled property value will stand because the property owner did not offer any market-based evidence when challenging the
new assessed value, the Indiana Tax Court has ruled.
MoreEvidence does not support CHINS finding
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after
finding the parents have improved their living situation that led to their three other children being removed.
MoreJudges affirm dismissal of city’s counterclaim without prejudice
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase
property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation
of the property to be dismissed without prejudice.
MoreRight to Farm Act bars CAFO nuisance claim, appeals court rules
April 30, 2013
Dave StaffordA Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations
to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.
MoreSuspended attorney stripped of quiet title to foreclosed home he repaired
April 30, 2013
Dave StaffordA suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without
authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.
MoreCOA: No error in denying reckless homicide instruction
April 30, 2013
Jennifer NelsonThe evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a
lesser offense of murder, the Indiana Court of Appeals ruled.
MoreLawyers’ divorce battle divides COA on joint custody ruling
April 30, 2013
Dave StaffordA lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed
Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’
daughter.
MoreLaw firm not entitled to summary judgment on complaint seeking payment
April 30, 2013
Jennifer NelsonFinding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf
of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s
complaint for payment.
MoreSummary judgments on federal preemption are reversible error
April 30, 2013
Marilyn OdendahlThe Indiana Court of Appeals has found an exterminator and the insecticide maker should not have been granted summary judgments
on the issue of federal preemption.
MoreVincennes did not breach contract with men’s basketball coach
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University
on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for
the following year.
MorePence signs probate, problem-solving court legislation
April 30, 2013
IL StaffGov. Mike Pence signed 25 bills into law Monday, including legislation restricting criminal background checks and changes
to probate and trust administration.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!