Courts

Indiana Justice Boehm stepping down after 14 years

June 9, 2010
Michael Hoskins
After more than a decade on the Indiana Supreme Court, Justice Theodore Boehm is ready to enter the next stage of his life and career.
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Criminal tax evasion offers legal option in targeting dog, puppy mills

June 9, 2010
Michael Hoskins
A July 2009 law put more strength behind local prosecutors and state regulators who can now more diligently pursue illegal animal activity of puppy mills who don't pay taxes.
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Schedule set to fill upcoming Indiana Supreme Court vacancy

June 9, 2010
Michael Hoskins
Anyone who wants to be the next Indiana Supreme Court justice has until the end of June to apply for upcoming vacancy on the state’s highest court.
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Senate votes on federal magistrate's nomination

June 9, 2010
Michael HoskinsMore

Justices order new trial based on traffic judge's conduct

June 9, 2010
Michael Hoskins
The Indiana Supreme Court has set the stage for a judicial disciplinary action against a Marion County Traffic Court judge for his courtroom conduct on a speeding and suspended license case last year.
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Pizza chain sued for Rockwell-themed ads

June 9, 2010
Jennifer Nelson
The owners of the rights to Normal Rockwell art are suing a Michigan-based pizza company for re-creating a famous painting to sell pizzas during the holidays.
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Officer's questions went beyond seat belt act

June 9, 2010
Jennifer Nelson
The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge" in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.
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Man's suit filed after all statutes of limitations

June 9, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed a Logansport resident has standing to sue his city over the operation and management of a city park, but that his suit is barred by statutes of limitations.
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Court excited about magistrate's elevation

June 8, 2010
Michael Hoskins
Within a week, the state's third federal female judge could be ready to handle her constitutionally created duties in the Southern District of Indiana.
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7th Circuit upholds denial of alien's motion to dismiss

June 8, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s motion to dismiss because he failed to meet any of the law’s exhaustion requirements.
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Court to award $290,000 for abuse programs

June 3, 2010
The Indiana Court Improvement Program has announced it will be giving away up to $290,000 in grants to programs that help families and children involved in cases of neglect or abuse.
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Schedule set for Supreme Court justice vacancy

June 2, 2010
Michael Hoskins
Anyone who wants to be the next Indiana Supreme Court justice has until the end of this month to apply.
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Justices deny transfer in more than a dozen cases

June 1, 2010
Rebecca Berfanger
The Indiana Supreme Court considered 13 appeals during the past week, denying them all and rejecting a case that it had previously agreed to hear.
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SCOTUS reverses 7th Circuit on sex offender registration

June 1, 2010
Michael Hoskins
The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.
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7th Circuit won't stay ruling, despite likely SCOTUS appeal

May 28, 2010
Michael Hoskins
The 7th Circuit Court of Appeals won’t stay its ruling that allows an independent state agency access to records about mentally ill inmates’ treatment, even though the Indiana government agency being sued is appealing to the Supreme Court of the United States.
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Court sets drug-court termination requirements

May 28, 2010
Elizabeth Brockett
An Indiana Court of Appeals ruling today sets requirements for drug court terminations after a man’s participation was terminated without minimum due process.
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COA: Breathalyzer certificate is not testimonial

May 28, 2010
Rebecca Berfanger
For the first time since the Supreme Court of the United States’ 2009 ruling that found a defendant had a Sixth Amendment right to confront the analysts who prepared lab certificates certifying the defendant had cocaine, the Indiana Court of Appeals ruled that a trial court did not violate the defendant’s right to confrontation by allowing the inspection certificate for a breathalyzer into evidence, even though the certifier of the equipment did not testify at trial.
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Debate swirls around citations, use of the NFP

May 26, 2010
Michael Hoskins
Envision a world in which lawyers successfully defended a client on what all parties thought was a significant legal issue, but future attorneys couldn't use that case result to help persuade judges in their litigation.
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Indiana Scouts proud of their own

May 26, 2010
Michael Hoskins
A small paperweight sits on attorney Terry White’s desk in Evansville, reminding him of an organization and motto that’s been a central part of his life since childhood. No matter the issue he faces in the legal world or in his personal life, he knows that he can always find guidance in the phrase close to his heart.
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Attorneys say ruling confuses discovery regarding expert materials

May 26, 2010
Michael Hoskins
A liability lawsuit filed by the victims of a water-heater explosion a year after the May 2004 blast has erupted in its own metaphorical explosion of discovery disputes.
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Indiana AG officially joins health care suit

May 14, 2010
Michael Hoskins
Following through on a promise from more than a month ago, the Indiana Attorney General today joined a lawsuit challenging the new federal health care law passed by Congress earlier this year.
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Attorney's 6th SCOTUS visit intense

May 12, 2010
Michael Hoskins
A Terre Haute lawyer made his sixth argument before the nation’s highest court April 28, and he describes the hour-long experience to be the most intense of those he’s had before the Supreme Court of the United States.
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7th Circuit to rehear Second Amendment case

May 12, 2010
Rebecca Berfanger
Advocates of domestic-violence victims and gun owners have their sights set on an upcoming oral argument at the 7th Circuit Court of Appeals in Chicago. The case of interest raises the issue of whether someone who has been convicted of a domestic-violence misdemeanor should be able to have a gun for hunting purposes.
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Judge to be honored for internship program

April 30, 2010
IL Staff
A Marion Superior judge will be recognized for providing internships to Indianapolis students that offer insight into the judicial system.
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Identity thief forged Indiana federal judge's signature

April 29, 2010
Michael Hoskins
A convicted identity thief from Indiana with at least four aliases pleaded guilty earlier this week in a Montana federal court on charges that he not only impersonated a military officer and stole multiple identities, but also that he forged court documents last year and signed the name of U.S. Judge David F. Hamilton from the Southern District of Indiana.
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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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