Courts

Justices deny sex offender park ban case

August 21, 2009
Michael Hoskins
The Indiana Supreme Court has declined after nine months to accept a case asking whether registered sex offenders can be banned from parks and recreational areas.
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Female firefighter not discriminated against

August 20, 2009
Jennifer Nelson
The Indianapolis Fire Department didn't discriminate against a short female firefighter when it ordered her to be psychologically evaluated or perform driving tests, the 7th Circuit Court of Appeals affirmed today.
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Brazilian delegation to learn about mediation

August 20, 2009
Jennifer Nelson
A delegation of Brazilian magistrates is in Indianapolis to learn more about U.S. judicial mediation and how it may be applied in Brazilian courts.
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Fax confirmation creates issue of fact

August 20, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.
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Terre Haute federal courthouse opens Monday

August 20, 2009
Jennifer Nelson
After years of debate as to whether Terre Haute would keep a U.S. District Court, a new federal courthouse is set to open Aug. 24.
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Tipton City Court judge dies

August 19, 2009
Jennifer Nelson
Tipton City Court Judge Lewis Daily Harper died Aug. 14 at the age of 85. Judge Harper became city judge in 1997; he also worked as a real estate broker.
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Chief justices to discuss court issues

August 19, 2009
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard and other jurists from the Midwest will talk about important issues affecting their respective courts during a panel discussion Sept. 9 at Indiana University School of Law - Indianapolis.
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Order affirms delinquent fee waivers

August 19, 2009
Michael Hoskins
The Indiana Supreme Court issued an administrative order Tuesday allowing the executive secretary of the Indiana Supreme Court Disciplinary Commission and the executive director of the Indiana Commission on Continuing Legal Education to continue to grant waivers to attorneys for delinquent fees and reinstatement fees assessed pursuant to Admission & Discipline Rules 23(21) and 29(7).
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County not dismissed in fired court clerks suits

August 19, 2009
Jennifer Nelson
Clark County lost in its efforts to be dismissed from suits filed by two fired Clark Circuit Court employees. Chief Judge David F. Hamilton in the U.S. District Court, Southern District of Indiana, ordered the county to file answers to the complaints no later than Sept. 6.
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Judges disagree if testimony is hypothetical

August 18, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice case used hypothetical language that couldn't raise a genuine issue of fact.
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Judge adopts revised sentencing conditions

August 18, 2009
IL Staff
Senior Judge James T. Moody in the U.S. District Court of the Northern District of Indiana issued an order Monday regarding conditions for probation and supervised release.
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Trial court erred in denying motion to continue

August 17, 2009
Jennifer Nelson
A Marion Superior trial court should have granted a woman's motion to continue the day of her bench trial because she had a constitutional right to present a defense to support her involuntary intoxication argument, the Indiana Court of Appeals decided today.
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IDEM could fire employee for ethics violation

August 17, 2009
Jennifer Nelson
The state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned.
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Court appoints 3 to Disciplinary Commission

August 17, 2009
IL Staff
The Indiana Supreme Court announced today two new appointments to the Disciplinary Commission and the reappointment of one member.
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Transfer granted to sentencing appeal

August 14, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer this week to case in which a defendant believed the trial court abused its discretion in referring to his Level of Service Inventory-Revised and Substance Abuse Subtle Screening Inventory scores.
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COA rules on parenting time restriction

August 14, 2009
Jennifer Nelson
Indiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during a hearing in which a mother's parenting time was restricted.
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Former Marion Superior judge dies

August 13, 2009
Jennifer Nelson
Former Marion Superior Judge John "Jan" D. Downer died Aug.10 at the age of 73. Judge Downer was appointed a Marion County Municipal judge in 1978 by Gov. Otis Bowen and served as judge for 22 years. He retired from the Marion Superior Court in 2000 and worked as a senior judge until 2004.
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No Brady violation in sex-sting case

August 13, 2009
Jennifer Nelson
A defendant failed to show there was a Brady violation in his trial for enticing who he thought was an underage girl he met on the internet, the 7th Circuit Court of Appeals ruled today.
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State's policy in court doesn't violate constitution

August 12, 2009
Jennifer Nelson
The state's refusal to waive jury trials in one Marion Superior Court doesn't violate the constitutional rights of the mentally ill defendants who appear in that court, ruled the Indiana Court of Appeals.
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Arguments Thursday in infant sleeping death

August 12, 2009
IL Staff
The Indiana Court of Appeals will hear arguments tomorrow in a negligence suit filed by parents after their infant died while sleeping on a couch with his mother.
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COA disagrees on damages to bidder

August 12, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed today whether a company should be entitled to damages when it lowered its bid for work at a state-run hospital based on fraudulent information from another bidder.
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Insurer's policy breach a case of first impression

August 11, 2009
Jennifer NelsonMore

Judges: amendment not retroactive

August 11, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals ruled today that an estate's interpretation of a 2003 amendment to Indiana Code would threaten the fiscal health of governmental entities and that the amendment isn't retroactive.
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Court upholds out-of-state juvenile placement

August 10, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to out-of-state facilities from DCS to the counties.
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Judge argues ruling puts form over substance

August 10, 2009
Jennifer Nelson
The chief judge of the Indiana Court of Appeals dissented from his colleagues in an insurance dispute because he believes the decision leads to "an inequitable result."
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  1. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  2. Tina has left the building.

  3. Is JLAP and its bevy of social "scientists" the cure to every ailment of the modern practitioner? I see no allegations as to substance abuse, but I sure see a judge who has seemingly let power go to her head and who lacks any appreciation for the rule of law. Seems that she needs help in her legal philosophy and judicial restraint, not some group encounter session to affirm she is OK, we are OK. Can’t we lawyers just engage in peer professionalism and even peer pressure anymore? Need we social workers to tell us it is wrong to violate due process? And if we conduct ourselves with the basic respect for the law shown by most social workers .... it that good enough in Indiana? If not, then how is JLAP to help this 2003 law school grad get what her law school evidently failed to teach her? (In addition .... rhetorical question … I have a theory that the LAP model serves as a conduit for governmental grace when the same strict application of the law visited upon the poor and the powerless just will not do. See in the records of this paper ... can the argument be made that many who save their licenses, reputations, salaries by calling upon that font of grace are receiving special treatment? Who tracks the application of said grace to assure that EP and DP standards are fully realized? Does the higher one climbs inside the Beltway bring greater showers of grace? Should such grace be the providence of the government, or the churches and NGO's? Why, we would not want to be found mixing the remnants of our abandoned faith with the highest loyalty to the secularist state, now would we?)

  4. Is JLAP and its bevy of social "scientists" the cure to every ailment of the modern practitioner? I see no allegations as to substance abuse, but I sure see a judge who has seemingly let power go to her head and who lacks any appreciation for the rule of law. Seems that she needs help in her legal philosophy and judicial restraint, not some group encounter session to affirm she is OK, we are OK. Cannot we lawyers not engage in peer professionalism and even pressure anymore? Need we social workers to tell us it is wrong to violate due process? And if we conduct ourselves with the basis respect for the law shown by most social workers .... it that good enough in Indiana?

  5. Judge Baker nails it: "Russell was in a place he did not have a right to be, to take an action he did not have a right to take. Russell neglected to leave that property even after engaging in a heated argument with and being struck with a broom handle by the property owner." AS is noted below ... sad to think that the next shoe to drop will be the thief suing the car owner. That is justice?

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