Courts

Statewide system debuts in City Court

May 13, 2009
Michael Hoskins
Greenwood City Court is the state's first city or town court to start using a tool that will eventually connect all of Indiana courts' case management systems.
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Jury instruction requires new damages trial

May 12, 2009
Jennifer Nelson
A jury instruction the Indiana Court of Appeals found to incorrectly state the law required the court to remand for a new trial on damages in a negligence suit.
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Prosecutor faces disciplinary charges

May 12, 2009
Michael Hoskins
Delaware County Prosecutor Mark R. McKinney faces disciplinary charges that he violated four professional conduct rules stemming from his role as a private attorney on civil forfeiture matters related to the criminal defendants he handled as a deputy prosecutor on behalf of the state.
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COA reverses decree award of military benefits

May 12, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a portion of a divorce decree awarding some of the husband's military benefits and housing allowance to his wife because the separation agreement excluded granting the wife any rights to them.
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Second Cinergy trial starts in Indy

May 12, 2009
Michael Hoskins
A second clean-air violation trial is underway in Indianapolis about whether coal-fired power plant modifications triggered a need for new pollution-control equipment at facilities in Indiana and Ohio.
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7th Circuit: No attorney conflict of interestRestricted Content

May 11, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the denial of a drug offender's petition for habeas corpus, ruling his attorney didn't render ineffective assistance of counsel when he also represented other co-defendants on the same drug charges.
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Court reprimands attorneys for trade-name use

May 11, 2009
Jennifer Nelson
Three attorneys who practiced separately but advertised as an LLC were publicly reprimand by the Indiana Supreme Court for violating several Indiana Professional Conduct Rules by not letting clients know they didn't practice law as a firm.
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Suspended judge returns to bench

May 11, 2009
IL Staff
Marion Superior Judge Grant Hawkins, who was suspended earlier this year without pay, returned to the bench today.
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Deputy prosecutor fired after arrest

May 8, 2009
Jennifer Nelson
A deputy Madison County Prosecutor has been fired following her arrest for allegedly driving drunk. Deputy Prosecutor Janine L. Sutton was arrested for operating while intoxicated, a Class A misdemeanor.
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Indicted judge to be suspended

May 8, 2009
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has filed a notice with the Indiana Supreme Court for a request of suspension of LaPorte Superior Judge Jennifer Koethe, who was indicted Thursday for attempted obstruction of justice stemming from a shooting incident at her home in December.
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Justices to address university graduates

May 8, 2009
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard and Justice Robert D. Rucker will be commencement speakers at the graduation ceremonies at two Indiana schools.
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Adkins applies to drug possession defense

May 7, 2009
Jennifer Nelson
While the Indiana Court of Appeals unanimously agreed a defendant charged with possessing drugs within 1,000 feet of a school only has the burden of placing the issue of statutory defense in question where the state's evidence hasn't done so, the court split in affirming the defendant's possession conviction.
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Former public defender sentenced

May 7, 2009
Jennifer Nelson
A former Marion County public defender arrested during an undercover child sex sting was sentenced Wednesday for child solicitation, a Class C felony.
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COA split on which statute of limitation applies

May 7, 2009
Jennifer Nelson
The Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's FELA claim in state court.
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Supreme Court takes Fireman's Rule case

May 7, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer today to case involving the Indiana Fireman's Rule and whether a policeman's suit against an Indianapolis strip club is barred by the rule.
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CASA, American Legion form partnership

May 7, 2009
Rebecca Berfanger
The CEO of the national organization of Court Appointed Special Advocates met Monday with high ranking members of the American Legion's Child Welfare Foundation in Indianapolis and the foundation's board approved a resolution for a partnership between the two organizations two days later.
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Court grants transfer to clarify appeals by state

May 6, 2009
Jennifer Nelson
The Indiana Supreme Court granted a transfer with opinion to address conflicting rulings regarding the state's ability to challenge the legality of a criminal sentence without first filing a motion to correct erroneous sentence.
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Governor gets judicial merit-selection bill

May 6, 2009
Michael Hoskins
Gov. Mitch Daniels received today legislation that, if signed, would toss out merit selection and retention of St. Joseph Superior judges and also create a new three-judge panel for the Indiana Court of Appeals.
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COA rules on first impression lemon-law issue

May 5, 2009
Jennifer Nelson
The Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes the problem.
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Supreme Court seeks historic law-related photos

May 5, 2009
IL Staff
If you've come across an old photo relating to Indiana's legal profession, the Indiana Supreme Court would like to know.
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Court orders mandate for full parole hearing

May 4, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a prisoner's pro se action for a mandate requiring all five parole board members to vote on his parole eligibility, ruling the prisoner's case was supported by Indiana statute.
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COA to hear arguments in parks ban case

May 4, 2009
IL Staff
The Indiana Court of Appeals will hear arguments Tuesday in a sex-offender park ban case out of southern Indiana.
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Oral findings allowed in attorney fee case

May 4, 2009
Jennifer Nelson
A Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.
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Court: 2-member board could affirm ruling

May 1, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a decision by the National Labor Relations Board that a northern Indiana steel company must recognize a collective bargaining agreement between the union and the company.
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Law Day celebrated today

May 1, 2009
Rebecca Berfanger
For the 51st year of the national observance of Law Day, about three dozen Indiana attorneys, judges, and paralegals presented the Indiana Supreme Court's "Why Lincoln was a Lawyer" program to 125 different classes - almost 3,000 students - around the state.
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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  2. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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