Courts

High court grants 6 transfers

March 1, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer today to decide whether casinos can ban card counters. The high court also granted transfer to five cases Thursday, including a case of first impression regarding post-retirement health-insurance premiums.
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Lawmakers revising sex-offender registry rules

February 26, 2010
Michael Hoskins
Hoosier lawmakers are revising state law following the confusion created by an Indiana Supreme Court ruling last year relating to how convicted sex offenders can be removed from a statewide registry if they believe registration wasn't required at the time of their conviction.
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Judge dismisses soldiers' toxic exposure suit

February 26, 2010
Jennifer Nelson
A federal judge has dismissed for lack of personal jurisdiction a suit brought by soldiers who were exposed while in Iraq to a toxic chemical known to increase the risk of developing cancer.
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Judges find stop violated Fourth Amendment

February 26, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals ruled a defendant's stop by police and subsequent search of a wheelbarrow he was pushing - which led to convictions of burglary and theft - violated the man's Fourth Amendment rights. The Circuit Court ordered the defendant's petition for habeas corpus be granted.
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COA: Commissioners couldn't dissolve district

February 26, 2010
Jennifer Nelson
The Brown County Commissioners had no authority to enact an ordinance to attempt to dissolve a recently created fire district, the Indiana Court of Appeals concluded today.
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COA: inequity in grandparent visitation act

February 25, 2010
Jennifer Nelson
The Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships between the parties in an adoption petition.
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High court adopts COA opinion in billing dispute

February 25, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer Wednesday in a dispute over who bears the burden to prove "pecuniary liability" under the Worker's Compensation Act, and adopted the Indiana Court of Appeals' opinion on the matter.
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7th Circuit: Officer entitled to qualified immunity

February 24, 2010
Jennifer Nelson
Because Indiana's conversion statute doesn't appear to have an implied-consent defense, the 7th Circuit Court of Appeals ruled a couple's excuse for possessing another person's camping gear was irrelevant to the probable-cause determination to arrest them.
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Workshop examines foster care

February 24, 2010
IL Staff
Child Advocates and the Marion Superior Court's Juvenile Division are hosting a workshop this week in Indianapolis to examine why more African-American children are in the county's foster care than other races.
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High court defines 'briefly'

February 23, 2010
Jennifer Nelson
In two cases involving a statutory defense to possession or dealing of drugs within 1,000 feet of a school, the Indiana Supreme Court defined the term "briefly" and ruled on whether the defendants were briefly near schools when they committed their crimes.
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Schools sue over state funding formula

February 23, 2010
Jennifer Nelson
Three Indiana school districts are suing the state over the Indiana's per-pupil school-funding formula.
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Courthouse to be named after justice

February 22, 2010
IL Staff
The Lake County Superior Courthouse in Gary will soon have a new name to honor an Indiana Supreme Court Justice.
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7th Circuit: amendment applies to all mortgages

February 22, 2010
Jennifer Nelson
A 2007 amendment allowing recorded mortgages with certain technical defects to provide constructive notice, as if the mortgages were properly recorded and acknowledged, applies to all mortgages regardless of when they were recorded, the 7th Circuit Court of Appeals ruled Friday.
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Indiana joins Asian carp lawsuit

February 22, 2010
IL Staff
The Indiana Attorney General is joining in the legal dispute over Asian carp in Lake Michigan. Attorney General Greg Zoeller filed an amicus brief on Friday in the lawsuit with the United States Supreme Court in Michigan's lawsuit against Illinois and the U.S. Army Corps of Engineers.
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Lawmakers criticize traffic court fines

February 19, 2010
Michael Hoskins
A legislative committee this week unanimously approved a bill that would cap the fines a court could assess for traffic violations.
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Rush County courts join Odyssey

February 19, 2010
IL Staff
The Rush Superior and Circuit Courts and clerk's office have gone online on Odyssey, the Indiana Supreme Court's case management system.
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DCS to appeal injunction on rate cuts

February 19, 2010
Jennifer Nelson
The Indiana Department of Child Services wants the 7th Circuit Court of Appeals to review a judge's decision to temporarily stop DCS rate cuts.
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Proof of service is state's burden

February 18, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed an invasion of privacy conviction today because the state didn't prove the defendant knew he was the subject of an active protective order. The appellate court also concluded that notice of a protective order should come from the state.
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AG files suit to recover taxpayer money

February 18, 2010
IL Staff
The Indiana Attorney General has filed a complaint in St. Joseph Circuit Court to recover public money that the former Lakeville clerk-treasurer allegedly spent on personal items like movie rentals and satellite television.
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Pregnant teller's shooter sentenced

February 17, 2010
Jennifer Nelson
Brian Kendrick was convicted and sentenced for the 2008 shooting of Indianapolis bank teller Katherin Shuffield, who was nearly six months pregnant with twins at the time.
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Committee queries federal nominees

February 17, 2010
Michael Hoskins
The U.S. Senate Judiciary Committee had a chance to ask questions of Indiana's three judicial nominees Feb. 11, and it's now poised to decide whether the full Senate should have a chance to consider them for the federal bench.
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Judges see more cases that involve veterans

February 17, 2010
Michael Hoskins
For a little more than a year, Grant Superior Judge Mark Spitzer has presided over his local drug court and has witnessed what he describes as remarkable results from the problem-solving court model.
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Legal communities in Columbus and Madison deal with fires

February 17, 2010
Rebecca Berfanger
Major fires disrupted and displaced attorneys last year in two different cities in southern Indiana. While neither of the original structures are near completion, life is more or less back to normal in Madison and Columbus.
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High court clarifies preliminary injunction issue

February 17, 2010
Jennifer Nelson
The Indiana Supreme Court issued an opinion today explaining its reasoning for granting a permanent writ of mandamus last year against Clark Circuit Court.
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Trial court didn't have personal jurisdiction over serviceman

February 17, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed part of a dissolution decree after finding the Marion Superior Court lacked personal jurisdiction over the husband who was in the military overseas.
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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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