Courts

SCOTUS: Lab techs must testify

January 1, 2009
Michael Hoskins
A decision today from the Supreme Court of the United States will have an immediate impact on Indiana, where state justices are considering at least two cases about whether lab technicians who've tested evidence in a case must appear on the stand.
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Merit-selection override a possibility

January 1, 2009
Michael Hoskins
The state's top executive has rejected the idea of scrapping merit selection in St. Joseph County, but it remains unclear whether lawmakers will attempt to override that veto during a special session.On the final day he had to take action, Gov. Mitch Daniels used his veto power for the third time this session and rejected House Enrolled Act 1491, which called for non-partisan elections to choose the county's eight Superior judges for six-year terms. It also called for the creation of...
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President picks prosecutor for Northern District

January 1, 2009
Michael Hoskins
The veteran federal prosecutor who's filled in three times as interim chief has been chosen for the permanent role as U.S. Attorney for the Northern District of Indiana, the White House announced this morning. David Capp, who's been a federal prosecutor for 24 years, has been the acting U.S. Attorney in the Northern District since July 2007, filling the spot after Joseph Van Bokkelen's confirmation to the District Court. Democratic Sen. Evan Bayh nominated Capp for the job from several...
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U.S. judge sanctions Indianapolis law firm

January 1, 2009
Michael Hoskins
A federal judge has sanctioned an Indianapolis law firm that employed a few attorneys he says helped abuse the discovery process, failed to correct misleading or false statements made by its client, and didn't properly turn over to the court or opposing counsel key documents relating to an environmental contamination case out of Southern Indiana.In a 66-page order issued Friday, U.S. District Judge Larry McKinney in the Southern District of Indiana determined that Bose McKinney & Evans should be sanctioned for...
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COA: Man didn't waive right to appeal sentence

January 1, 2009
Jennifer Nelson
Because the trial court may have made confusing remarks at a man's guilty plea hearing indicating he "may" have waived the right to appeal, only to later inform him of his right to appeal, the Indiana Court of Appeals concluded the defendant hadn't waived that right to appeal. The appellate court did affirm the defendant's 30-year advisory sentence for dealing in cocaine, finding he failed to prove it was inappropriate. In Luis Ruiz Bonilla v. State of Indiana, No. 20A05-0902-CR-85, the...
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UPDATE: Court suspends indicted judge

January 1, 2009
Jennifer Nelson
The Indiana Supreme Court released an order this afternoon suspending LaPorte Superior Judge Jennifer Koethe following her indictment on a charge of felony attempted obstruction of justice. Pursuant to Indiana Admission and Discipline Rule 25(V)(A), the high court shall suspend a judge with pay if he or she is indicted on a felony charge. The suspension takes effect at midnight May 11 and will continue until further order of the court. As a result of Judge Koethe's suspension, the Supreme Court...
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Judge's nomination vote set - again

January 1, 2009
IL Staff
  The Senate Judiciary Committee plans to vote June 4 on U.S. Judge David Hamilton's nomination for the 7th Court of Appeals. The panel had postponed the vote originally planned for May 21 to give some members more time to review the judge's record. An agenda shows the executive business meeting will begin at 10 a.m. and be webcast live.
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Former Justice Richard Givan has died

January 1, 2009
IL Staff
st1\:*{behavior:url(#ieooui) } Former Indiana Supreme Court Justice Richard Givan has died, according to a news release from the court. He was 88. Justice Givan was elected to the court in 1968 and served continuously until his retirement in December 1994. He served as chief justice from November 1974 to March 1987. He received an LL.B. from Indiana University in 1951 and was admitted to the Indiana bar in 1952. A fourth generation lawyer, his great-grandfather, Noah S. Givan, was a circuit...
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Court sanctions Indianapolis attorney

January 1, 2009
Michael Hoskins
An Indianapolis attorney has received a public reprimand in the third and final leg of a yearlong disciplinary triangle, which has led to a Marion Superior judge's suspension and a commissioner's resignation and banishment from the bench.
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Governor: merit-selection 'is not broken'

January 1, 2009
Michael Hoskins
Gov. Mitch Daniels has vetoed legislation that would have ended merit-selection of St. Joseph Superior judges and instead made them run for office in non-partisan elections and create a new three-judge panel for the Indiana Court of Appeals. On the deadline for action on House Enrolled Act 1491, the governor late this afternoon used his veto power for the third time this session and rejected it. The legislation would have called for non-partisan elections to choose the county's eight Superior judges...
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Justices to hear compulsive gambling case

January 1, 2009
Jennifer Nelson
The Indiana Supreme Court will hear arguments in three cases Thursday, including a suit in which a woman claims a casino took advantage of her gambling addiction. Arguments begin at 9 a.m. in Caesars Riverboat Casino LLC v. Genevieve Kephart, No. 31S01-0909-CV-303. Caesars originally filed a suit against Genevieve Kephart after she failed to repay a gambling debt. The casino sought repayment, treble damages, and attorney fees. But Kephart counterclaimed, arguing the casino unjustly enriched itself because it knew she had...
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Judges differ in interpretation of earlier ruling

December 31, 2008
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed today as to whether a man's convictions of attempted sexual misconduct with a minor and attempted dissemination of matter harmful to minors should be reversed because his intended victim was actually a police officer conducting an online sting operation.
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Southern District amends Local Rule

December 30, 2008
IL Staff
The United States District Court for the Southern District of Indiana has amended its Local Rule 65.2 - Motions for Preliminary Injunctions and Temporary Restraining Orders.
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Court erred in dismissing claim with prejudice

December 30, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding the court misinterpreted a previous appellate ruling to support the dismissal.
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Mom's promoting prostitution sentence stands

December 30, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.
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Parties can't pick certain provisions to enforce

December 29, 2008
Jennifer Nelson
The Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.
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COA upholds violent offender registration

December 29, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed that the state's sex and violent offender registry doesn't violate the Indiana Constitution by requiring violent offenders to register for a 10-year period or for life.
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Court rules on tort claims and wrongful death

December 29, 2008
Jennifer Nelson
The Indiana Supreme Court tackled the issue of the interaction of the statute of limitations provision under the state's Wrongful Death Act and the statute of limitations provision for an underlying substantive tort claim in two opinions released Dec. 24.
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Court agrees on ID standard, split on 'injury'

December 24, 2008
Michael Hoskins, Michael HoskinsMore

Prisoner litigant's case deemed frivolous

December 24, 2008
Michael Hoskins
One of Indiana's most well-known pro se prisoner litigants continues to be a subject for the state's appellate courts.
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Newly elected judge shot in northern Indiana

December 24, 2008
Michael Hoskins
A northern Indiana deputy prosecutor and soon-to-be LaPorte Superior judge was shot in her home late Monday night.
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COA: Let a sex offender stipulate

December 23, 2008
Michael Hoskins
A convicted sex offender accused of failing to register will get a new trial, the Indiana Court of Appeals ruled today.
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Justices issue robo-call decision

December 23, 2008
Michael Hoskins
The Indiana Supreme Court says the state's two-decade old law on pre-recorded, autodialed calls isn't limited to those placed to consumers with commercial messages. But justices stopped short of deciding how the law applies to political messages, leaving that question for another day.
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Appellate court rules on GAL feesRestricted Content

December 23, 2008
Michael HoskinsMore

Muncie lawyer named city court judge

December 22, 2008
Michael Hoskins
A Muncie law firm will remain intact after both of its longtime partners take the bench in January.
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  1. 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

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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