Courts

Supreme Court disbars attorney

March 2, 2009
Jennifer Nelson
A split Indiana Supreme Court voted to immediately disbar an Indianapolis attorney who pleaded guilty to one count of willfully making a false tax return.
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Magistrate: Uniroyal not liable for cleanup costs

February 27, 2009
Michael Hoskins
As a federal magistrate judge puts it, "All good things must come to an end."
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Theft case requires special prosecutor

February 27, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a man's request for the reappointment of a special prosecutor because the original basis for appointing the special prosecutor still existed even after one charge was dropped.
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Longtime Madison County judge dies

February 27, 2009
Jennifer Nelson
A longtime Madison County judge died suddenly Wednesday. Judge David W. Hopper, 60, had served as a jurist for a total of 28 years.
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Case requires balancing act by court

February 27, 2009
Jennifer Nelson
In a case requiring the Indiana Court of Appeals to "perform a delicate balance" between making sure a mentally disabled person wasn't improperly denied his constitutional rights and not penalizing police for non-coercive conduct, the appellate court affirmed the denial of a defendant's motion to suppress.
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High court vacates transfer

February 27, 2009
Jennifer Nelson
The Indiana Supreme Court vacated transfer yesterday in a case in which a defendant appealed his convictions of voluntary manslaughter, carrying a handgun without a license, and finding that he was a habitual offender.
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COA: State must prove violation of statute

February 26, 2009
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time today whether under Indiana Code Section 35-48-4-16(b) a defendant only has the burden of placing the issue in question where the state's evidence hasn't done so.
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Foreclosure programs aimed at judges, lawyers

February 26, 2009
IL Staff
The Indiana Supreme Court announced today it's partnering with Indiana Legal Services Inc. and the Legal Aid Society of Southwest Ohio to sponsor training for attorneys, judges, and mediators about how to help families facing foreclosure.
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Justices order mandate writ against court

February 25, 2009
IL Staff
The Indiana Supreme Court has granted a relator's verified petition for writ of mandamus and prohibition against a Grant Superior judge and the clerk.
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Court affirms conviction, sentence despite error

February 25, 2009
Jennifer NelsonMore

COA visits high school to hear arguments

February 24, 2009
IL StaffMore

Court affirms sentence for non-support of 8 kids

February 24, 2009
Jennifer Nelson
A trial court didn't err in imposing three consecutive sentences following a man's guilty plea to three counts of felony non-support of a dependent because his failure to pay didn't constitute a single episode of criminal activity, the Indiana Court of Appeals ruled today.
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Senate passes new COA panel bill

February 24, 2009
Michael Hoskins
The Indiana Senate has given its OK to add three judges to the state's second highest appellate court.
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Counties wanting local video can apply now

February 23, 2009
IL Staff
Indiana counties that would like a customized self-represented litigant video can apply to the Indiana Supreme Court Division of State Court Administration Indiana Family Court Project.
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COA reverses denial of prisoner's petition

February 23, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of an incarcerated man's petition for child support modification after determining the trial court incorrectly imputed his weekly gross income.
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Lawmakers vote on COA panel, Lake County fee

February 20, 2009
Michael Hoskins
Both houses of the Indiana General Assembly took action on court-related legislation Thursday.
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New 1st district rep named to commission

February 20, 2009
IL Staff
Evansville native Christine H. Keck has been appointed to represent the first district on the Indiana Commission on Judicial Qualifications, the Indiana Supreme Court announced today.
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High court grants transfer to 3 cases

February 20, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to three cases Thursday, including one case involving challenges to a ruling on pretrial motions after a guilty plea.
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Bank wrongfully refused to pay cashier's check

February 20, 2009
Jennifer Nelson
In an issue of first impression as to what circumstances an issuing bank may refuse to pay a cashier's check, the Indiana Court of Appeals ruled in the instant case the issuing bank wasn't entitled to stop payment on it later.
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Court: grandparent visitation survives adoption

February 19, 2009
Michael Hoskins
State statute clearly allows grandparent visitation to survive a child's adoption by another biological grandparent, the Indiana Court of Appeals has ruled.
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Justices affirm 1989 murder convictions

February 19, 2009
Michael Hoskins
The Indiana Supreme Court has upheld four murder convictions against a Lakeville man who as a teenager killed his family 20 years ago.
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Court affirms delay in jury trial for congestion

February 18, 2009
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant's arguments that because his request for a speedy trial was in writing, his trial should take priority over another man's trial scheduled for the same day.
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County, court don't have to give back pay

February 17, 2009
Jennifer Nelson
A former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief, the Indiana Court of Appeals ruled today.
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Breaking: Election of justices bill debated today

February 17, 2009
IL Staff
House Joint Resolution 9, which calls for the election of Indiana Supreme Court justices, has been reassigned to the Committee on Government and Regulatory Reform and is on the agenda to be debated today before the House comes back at 1 p.m.
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House committee split, justice election bill stuck

February 17, 2009
Michael Hoskins
Legislation aimed at changing how the Indiana Supreme Court justices are chosen hasn't gotten enough support to make it out of committee for now, getting a split vote from lawmakers that means it won't be going to the full House for consideration.
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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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