Courts

Court rules on suspended sentence issue

July 23, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges ruled on an issue that has generated a split of opinion among them: whether a fully executed sentence is equivalent to a sentence of equal length but partially suspended to probation for purposes of review under Appellate Rule 7(B).
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Mentally ill prisoners suit dismissal denied

July 23, 2009
Jennifer Nelson
A federal judge has denied the Indiana Department of Correction's motion to dismiss a suit brought last year that challenges the DOC's practices and programs regarding mentally ill patients.
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Former Indiana Supreme Court chief justice dies

July 22, 2009
Jennifer Nelson
A Former Indiana Supreme Court Chief Justice who was known for his colloquialisms and quick wit died Tuesday morning at his home.
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COA declines ruling on constitutionality of plan

July 22, 2009
Jennifer Nelson
The Indiana Court of Appeals declined to address the constitutionality of a Department of Correction program for sex offenders based on the deficient record before it and because the appellate court could decide the case without ruling on the constitutionality of the program.
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Statute doesn't authorize dismissal of charges

July 21, 2009
Jennifer Nelson
Even if the Indiana Court of Appeals concluded the trial court violated statute by failing to set a juvenile delinquency hearing within the 60-day time limit, the appellate court doesn't believe the statute authorizes dismissal of the charges as the defendant argues.
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Alarm company's actions not covered by policies

July 21, 2009
Jennifer Nelson
The Indiana Supreme Court reversed the denial of summary judgment on an insurance company's coverage defenses, ruling its insured's actions leading to a lawsuit were "errors or omissions," and so weren't covered by the commercial general liability or umbrella policies.
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Chief justice honored for helping those in need

July 20, 2009
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard received the Administration on Children, Youth and Families Commissioner's Award for Indiana from the U.S. Department of Health and Human Services.
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COA: Only deceased's parent can have visitation

July 20, 2009
Jennifer Nelson
A paternal grandmother whose son was convicted of manslaughter in the death of his child's mother doesn't have standing to petition for visitation with her grandchild under the Grandparent Visitation Act, the Indiana Court of Appeals ruled today.
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Judges differ on allowance of trustee's appeal

July 20, 2009
Jennifer Nelson
Judges on the 7th Circuit Court of Appeals, including Northern District Judge Joseph Van Bokkelen - who was sitting in designation - disagreed whether a bankruptcy trustee's appeal should be dismissed for lack of appellate jurisdiction because he didn't file a petition for permission to appeal.
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Marion Superior judge recognized for service

July 17, 2009
IL Staff
Marion Superior Judge Cynthia Ayers was honored today by her colleagues and the business community during Indiana Black Expo for her many years of service on and off the bench.
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Judge to throw out first pitch at pro bono night

July 17, 2009
Jennifer Nelson
Indiana Court of Appeals Judge Melissa May will throw out the first pitch tonight at a Gary baseball game at which attorneys will be honored for their pro bono work.
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Suspended judge's case moved

July 17, 2009
Jennifer Nelson
LaPorte Circuit Court granted suspended LaPorte Superior Judge Jennifer Evans Koethe's motion for change of venue Thursday.
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Magistrate advises denial of sheriff's motions

July 16, 2009
Jennifer Nelson
A magistrate judge has recommended that the Marion County Sheriff's motions to dismiss a complaint against him be denied. A suit was filed following the death of an inmate who didn't receive his needed medicine
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Fate of courtroom cameras still unknown

July 15, 2009
Michael Hoskins
The federal judge vying to become the next justice on the U.S. Supreme Court favors having cameras in court and says she might be interested in furthering their use at the nation's highest court that has resisted the idea for decades.
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Judges: Court should have questioned jurors

July 15, 2009
Jennifer Nelson
Judges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.
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Report issued in UPL claim on trust mill case

July 15, 2009
Michael Hoskins
The Indiana Supreme Court has never determined whether the money spent during the prosecution of an Unauthorized Practice of Law claim fits into the "costs and expenses incurred by such a hearing" category, which means that a losing party pays under Administrative Disciplinary Rule 24.
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Judges: Town ordinance invalid

July 14, 2009
Jennifer Nelson
The Indiana Court of Appeals declared today a Plainfield town ordinance authorizing the imposition of storm-water fees on properties outside of the town's corporate boundaries to be invalid because under Indiana Code, the town only has the authority to collect the fee within its corporate limits.
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COA: Dog sniff requires reasonable suspicion

July 14, 2009
Jennifer Nelson
Analyzing the issue for the first time, the Indiana Court of Appeals today determined reasonable suspicion is needed to conduct a drug-detecting dog sniff of a private residence. Even though the state didn't argue the police had reasonable suspicion, it established the officers relied on the warrant executed after the sniff in good faith.
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Funeral services set for Indiana federal judge

July 13, 2009
Michael Hoskins
U.S. District Judge Allen Sharp in the Northern District of Indiana has died, ending a four decade long judicial career on both the state and federal benches during which he presided over some of the most controversial issues of our time.
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Township assessor loses appeal

July 13, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted a bill that eliminated her office and transferred her duties to the county assessor.
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Attempted murderer may adopt under statute

July 13, 2009
Jennifer Nelson
Under Indiana statute for adoption, attempted murder isn't listed as a conviction that would prohibit a court from granting the adoption, but aggravated battery is.
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Judges don't agree candidate is 'qualified'

July 10, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed as to whether an elected at-large school board candidate was "qualified" under the Indiana Constitution to take office because his election caused three members from the same school district to be on the board.
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COA: alternative murder sentence illegal

July 10, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled a defendant is entitled to re-sentencing on his murder conviction since the trial court wasn't authorized to sentence him to death and to a term-of-years sentence if the death penalty was overturned.
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ACLU sues State Board of Law Examiners

July 9, 2009
Jennifer Nelson
The ACLU of Indiana has filed a lawsuit against the members of the Indiana State Board of Law Examiners, alleging the state's bar examination application violates the Americans with Disabilities Act.
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COA: Rentals not restricted by covenants

July 9, 2009
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals determined today the rental of cabins in a subdivision was allowed under its restrictive covenants because the rental property was for "residential use."
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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