Courts

Attorney didn't commit conversion, malpractice

April 3, 2009
Jennifer Nelson
The Indiana Court of Appeals today affirmed the dismissal of conversion and legal malpractice claims filed in LaPorte County against an Illinois attorney following the settlement of a wrongful death claim in Illinois.
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Seminar, CLE on Criminal Justice Act

April 2, 2009
IL Staff
The Indiana Federal Community Defenders will host a seminar for attorneys interested in joining the Criminal Justice Act panel of attorneys to represent indigent clients accused of crimes against the United States.
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Federal judicial nomination hearing draws crowd

April 2, 2009
Michael Hoskins
The Senate Judiciary Committee considered U.S. District Judge David F. Hamilton's nomination for the 7th Circuit Court of Appeals at a Wednesday afternoon hearing.
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Judges: Vehicle stop by cops reasonable

April 2, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man's illegal gun possession conviction, ruling the South Bend Police officer who made the traffic stop had reasonable suspicion the car may be linked to a shooting in an apartment complex.
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Justices affirm cop killer's death sentence

April 1, 2009
Michael Hoskins
A man sentenced to die for fatally shooting a Morgan County sheriff's deputy in 2001 will remain on death row despite his appellate claims he's mentally ill and not eligible for execution.
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Comment sought on ADR rule changes

April 1, 2009
IL Staff
Changes may be coming to the rules governing Alternative Dispute Resolution in Indiana.
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Senate Judiciary holds nomination hearing

April 1, 2009
Michael Hoskins
A busy Congressional calendar has caused the U.S. Senate Judiciary Committee to move its nomination hearing to a room without cameras, which leaves Indiana's legal community in the dark about an Indianapolis-based federal judge's nomination for the 7th Circuit Court of Appeals.
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No vote yet on St. Joe judges bill

April 1, 2009
Michael Hoskins
An Indiana Senate committee debated this morning a bill that would make it so St. Joseph Superior judges are elected rather than chosen by merit selection and later retained by voters.
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High court addresses Protected Person Statute

March 31, 2009
Jennifer Nelson
Addressing for the first time under the current Rules of Evidence a case regarding a protected person testifying at trial as well as by videotape or other statement, the Indiana Supreme Court held that if the statements are consistent and both are otherwise admissible, testimony of a protected person can't be presented both in open court and in a pre-recorded statement through the Protected Person Statute.
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Appellate docket offers more public access

March 31, 2009
Michael Hoskins
Docket entries for more than 200 juvenile-related cases are now publicly available online through the Indiana Appellate Clerk's Office.
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First impression in 'non-suspension' rule case

March 31, 2009
Jennifer Nelson
The Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.
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Text messages must be separately authenticated

March 31, 2009
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals determined text messages are subject to separate authentication before being admitted into evidence, much like the authentication process that data saved in a computer must undergo before being admitted.
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St. Joe judges election bill hearing Wednesday

March 31, 2009
IL Staff
The Indiana Senate Judiciary Committee will meet at 9 a.m. Wednesday in Room 130 at the Statehouse to discuss several bills on first reading, including House Bill 1491, which would require nonpartisan elections of St. Joseph Superior judges.
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Plea puts stop to federal death penalty trial

March 30, 2009
Michael Hoskins
The first-ever federal death penalty trial for the Southern District of Indiana was set to start today, but a plea agreement means a trial likely won't be happening at all for a man connected to a violent killing spree four years ago.
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Judges at law school to hear defamation case

March 30, 2009
IL Staff
A panel of Indiana Court of Appeals judges will head a few blocks from their Statehouse courtroom to Indiana University School of Law - Indianapolis to hear arguments in a case involving defamation and invasion of privacy claims stemming from a letter written to church leaders.
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Man not prejudiced by attorney's assistance

March 27, 2009
Jennifer Nelson
Even though a defendant's counsel was found to be ineffective based on his "television fantasy" trial strategy, the 7th Circuit Court of Appeals affirmed the District Court denial of his petition for habeas corpus because he didn't show he was prejudiced by his attorney's performance.
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County video project deadline extended

March 27, 2009
IL StaffMore

New conduct code impacts judicial speech case

March 27, 2009
Michael Hoskins
A federal judge in Fort Wayne wants parties to start over and file new briefs in a challenge to the state's judicial canons, on claims that the rules wrongfully restrict judicial candidates from filling out surveys about their views on issues they might someday hear in court.
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Finalists chosen in court mural competition

March 26, 2009
IL Staff
Four finalists have been named in a competition to design and execute new murals at the Birch Bayh Federal Building and United States Courthouse in Indianapolis.
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Court rules on grandparent custody, visitation

March 26, 2009
Jennifer NelsonMore

Governor appoints Wayne County judge

March 26, 2009
IL Staff
Charles K. Todd, a private practice attorney, has been appointed by Gov. Mitch Daniels as judge of Wayne Superior Court 1.
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Protective order issued in National Guard suit

March 26, 2009
Jennifer Nelson
A magistrate judge has issued a protective order to preserve and maintain the confidentiality of certain documents in a lawsuit filed by members of the Indiana National Guard against a contractor working in Iraq.
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Temporary and lessee worker same under act

March 25, 2009
Jennifer Nelson
In what appears to be the first time the Indiana Court of Appeals has been presented with a joint employer argument in the context of Indiana Code Section 22-3-6-1(a), the Worker's Compensation Act, the appellate court determined that "temporary employee" and "leased employee" are not mutually exclusive terms and are interchangeable.
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Appellate court to hear arguments at ISU

March 25, 2009
IL Staff
The Indiana Court of Appeals travels to Terre Haute Thursday to hear arguments in a cocaine conviction case.
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COA: Switchblade ban not unconstitutional

March 24, 2009
Jennifer NelsonMore
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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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