Courts

Agriculture Law Foundation gets cy pres money

October 31, 2008
IL Staff
The Indiana Agricultural Law Foundation will receive $500,000 in funds made available through a class action settlement of a case in the U.S. District Court, Southern District of Indiana.
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No partial parental right termination allowed

October 31, 2008
Michael Hoskins
Indiana law doesn't allow for partial termination of parental rights, the state's Court of Appeals has ruled in a case of first impression.
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COA reverses child welfare molestation case

October 31, 2008
Michael Hoskins
The Indiana Court of Appeals has tossed out the convictions and 106-year sentence of a former Hamilton County child welfare worker accused of molesting two boys, including an autistic boy who he'd mentored.
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Absentee ballots challenged in Marion County

October 31, 2008
Jennifer Nelson
Republicans in Indiana are challenging early votes again, only this time Marion County absentee ballots are being questioned.
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Federal court dismisses suit against judge

October 30, 2008
Jennifer Nelson
A federal judge has thrown out a lawsuit against an Allen Circuit judge because the judge was entitled to judicial immunity in a suit filed by a pro se plaintiff disgruntled about a small claims ruling.
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Court offers free CLE on judicial restraint

October 30, 2008
IL Staff
The United States District Court for the Southern District of Indiana will conduct a free CLE event next week in New Albany regarding judicial restraint.
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Dad not in contempt for failure to pay full support

October 29, 2008
Jennifer Nelson
The Indiana Court of Appeals agreed a man was not in contempt for failing to pay child support ordered by a Florida court even though the Indiana trial court enforced his obligation for less than the amount ordered in Florida.
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Chief justice to talk on government reform

October 29, 2008
IL Staff
Just one day after the general election, Indiana Supreme Court Chief Justice Randall T. Shepard will discuss the challenges of local government reform at an event organized by provocate.org.
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Senior judge accused of misconduct

October 29, 2008
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has filed five charges against a senior judge and former LaPorte Superior Court judge, alleging he violated ethics rules while serving as an elected judge.
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COA affirms sexually violent predator findings

October 28, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding that two defendants are sexually violent predators, ruling the state had produced sufficient evidence to support the determinations under the versions of the sexually violent predator statute used by the trial courts in each case.
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Arguments set in Lake County early-voting case

October 27, 2008
IL Staff
The Indiana Court of Appeals will hear arguments in the Lake County early-voter registration appeal at 1:30 p.m. EDT Oct. 30 in the Indiana Supreme Court Courtroom, Statehouse Room 317, Indianapolis.
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Event to discuss court history

October 24, 2008
IL Staff
A new annual event has been created by the Historical Society of the United States District Court for the Southern District of Indiana to focus on past and present legal issues, part of the group's shift from project-focused events to membership focused efforts.
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High court transfer filed in early-voting case

October 24, 2008
Jennifer Nelson
The plaintiffs in a suit challenging Lake County early-voting satellite locations are appealing a special judge's order to keep the locations open to the Indiana Supreme Court.
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New St. Joseph Superior judge appointed

October 24, 2008
IL Staff
Gov. Mitch Daniels has appointed South Bend attorney Margot Fisher Reagan to St. Joseph Superior Court to replace the retired Judge William T. Means.
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Update: Transfer denied in early-voting case

October 24, 2008
Jennifer Nelson
The Indiana Supreme Court has denied a request from two Lake County Republicans to hear an appeal challenging an order to keep early-voting satellite locations open.
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Court finds fax to be a contract

October 24, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.
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EBA members affirm all judicial candidates

October 24, 2008
IL Staff
The Evansville Bar Association has released the results of the survey of its members regarding the retention of three Vanderburgh Superior judges running for re-election in November.
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COA revises child molesting sentence

October 23, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a man's convictions of child molesting, but reduced his sentence because he can't be considered among the worst offenders to justify the maximum sentence.
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Special judge: Keep early-voting sites open

October 22, 2008
Jennifer Nelson
A special judge has ordered satellite early-voting sites in East Chicago, Gary, and Hammond to remain open over the objections of two Lake County Republicans.
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Attorney faces charges of mail, wire fraud

October 22, 2008
Jennifer Nelson
A federal grand jury in Hammond has indicted a Schererville attorney with two counts of wire fraud and one count of mail fraud after being accused of stealing money from two clients.
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High court to hear riverboat receipts arguments

October 22, 2008
Jennifer Nelson
The Indiana Supreme Court will hear arguments Thursday in two cases involving the dispersion of a percentage of riverboat casino revenues in East Chicago.
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Judge declines to interfere with voter ID law

October 22, 2008
Michael Hoskins
A federal judge in Indianapolis won't interfere with the state law requiring voters to show photo identification at the election polls.
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Economic presence meets taxing requirement

October 21, 2008
Jennifer Nelson
In a matter of first impression, the Indiana Tax Court has ruled that a bank didn't need to have a physical presence in the state to be subject to Indiana's Financial Institutions Tax.
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Justices disagree about jury instruction

October 21, 2008
Jennifer Nelson
The Indiana Supreme Court was split in its ruling that a trial court properly instructed a jury regarding a habitual offender finding, with the dissenters arguing the court's instruction was inadequate as compared to the defendant's proposed jury instruction.
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Special judge invalidates local impact fee

October 21, 2008
Michael Hoskins
In the first court decision of its kind in Indiana, a special judge has invalidated Zionsville's parks impact fee because it violates state statute.
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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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