Courts

Tax Court sidesteps first-impression issue

December 10, 2009
Jennifer Nelson
Although the Indiana Tax Court had the opportunity to address an issue of first impression, it decided to save its analysis of the issue for another day because the case could be resolved on other grounds.
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Indiana Supreme Court upholds death penalty

December 10, 2009
Jennifer Nelson
The Indiana Supreme Court today upheld the death penalty for a man convicted of killing a woman and her two daughters. In doing so, the high court re-evaluated its stance on what it means when a jury fails to recommend a sentence.
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Attorney files suit against Indiana's JLAP

December 10, 2009
Michael Hoskins
A lawyer in good standing in Kansas is suing Indiana Judges and Lawyers Assistance Program officials, among others, claiming his civil and constitutional rights were violated during his application process to practice law in this state.
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Justices uphold probation revocation

December 9, 2009
Jennifer Nelson
The Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's appeal - either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule 2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to his claim.
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Supreme Court reverses rape conviction

December 9, 2009
Jennifer Nelson
The Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted rape of another woman shouldn't have been admitted at trial.
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Hearing officer appointed in prosecutor case

December 9, 2009
IL Staff
A hearing officer has been appointed in Delaware County Prosecutor Mark R. McKinney's discipline case. The Indiana Supreme Court made the appointment of Boone Circuit Judge Steve David in a Dec. 7 order.
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Writers lose appeal against newspaperRestricted Content

December 8, 2009
Jennifer Nelson
Two former editorial writers at Indiana's largest newspaper failed to prove they were the victims of religious discrimination, the 7th Circuit Court of Appeals ruled today.
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COA upholds dismissal of proposed class

December 8, 2009
Jennifer Nelson
Potential plaintiffs who want to join a class action suit seeking redress under the state's Wage Claims Statute must first submit a claim to the Indiana Department of Labor, the Indiana Court of Appeals upheld today.
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Suit filed against Marion County traffic court

December 8, 2009
Jennifer Nelson
A suit filed today claims the Marion County traffic court judge is violating residents' constitutional rights by imposing additional fines on those who unsuccessfully challenge their tickets and closing proceedings to the public.
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Indiana chief justice gets national award

December 8, 2009
Michael Hoskins
Indiana Chief Justice Randall T. Shepard is receiving a national award from the American Judicature Society for his "distinguished judicial service."<
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SCOTUS could clarify Miranda warning rights

December 7, 2009
Michael Hoskins
The nation's highest court is considering an appeal that has the potential to affect every arrest and criminal case in the country, including those in Indiana.
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Protective order sought in law examiners case

December 4, 2009
Michael Hoskins
The Indiana State Board of Law Examiners wants a U.S. District judge to issue a protective order stopping the ACLU of Indiana from obtaining what the agency describes as confidential information about bar applicants' answers to questions.
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Court's efforts recognized with 2 awards

December 4, 2009
Jennifer NelsonMore

City stopped from enforcing adult-business law

December 3, 2009
Michael Hoskins
A federal judge has granted a preliminary injunction to an adult bookstore in Indianapolis, temporarily stopping the city from enforcing a 2002 ordinance that regulates adult businesses.
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COA adopts 'site-specific' approach

December 3, 2009
Jennifer Nelson
For the first time, the Indiana Court of Appeals adopted a site-specific approach to rule on an insurance case with multiple policies in several states. The appellate court had been following a uniform-contract-interpretation approach when ruling on choice of law questions in contract actions.
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Judge to discuss intelligent-design ruling

December 3, 2009
IL Staff
The U.S. District judge who made the landmark ruling that the teaching of intelligent design in public schools is unconstitutional will speak at Indiana University Friday.
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Disciplinary Commission seeks agency head

December 2, 2009
Michael Hoskins
Indiana needs a new face for lawyer discipline, and applications are being accepted from anyone interested in the job.
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Justices rule on constructive discharge issue

December 2, 2009
Jennifer Nelson
The Indiana Supreme Court decided Tuesday that a claim for constructive retaliatory discharge falls within the state's public policy exemption to the employment-at-will doctrine.
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High court splits in hospital negligence suit

December 1, 2009
Jennifer Nelson
The Indiana Supreme Court split on whether a hospital was negligent in letting a woman with injuries possibly caused by domestic violence leave with her alleged abuser, who killed her on the way home after being discharged.
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Justices draw bright line on children's fault

December 1, 2009
Jennifer Nelson
Indiana law recognizes a rebuttable presumption that children ages 7 to 14 aren't capable of contributory negligence, the state's Supreme Court has confirmed.
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Southern District amendments take effect today

December 1, 2009
IL Staff
The U.S. District Court for the Southern District of Indiana has amended several local rules, effective today. The amendments are available on the court's Web site.
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Visitation-adoption agreement not allowed

December 1, 2009
Michael Hoskins
State law doesn't allow for post-adoption visitation that's contingent upon a voluntary termination of parental rights, the Indiana Supreme Court has ruled.
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Rehearing denied in Camm case

November 30, 2009
Jennifer Nelson
A split Indiana Supreme Court has decided not to reconsider its decision to order a third trial for a former state trooper accused of killing his wife and two children nearly 10 years ago.
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COA reverses termination over rule violation

November 30, 2009
Jennifer Nelson
The Indiana Court of Appeals split today in its decision to reverse the termination of a mother's parental rights. The majority found the trial court abused its discretion in allowing the mother's trial counsel to withdraw her appearance under a local court rule.
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Court splits on first impression dissipation case

November 30, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented today from his colleagues' decision that a spouse may be found to have dissipated property after refusing to sign and file joint tax returns because the judge believes the ruling is "bad law and bad policy."
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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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