Courts

Amendment trumps high court ruling

September 30, 2008
Jennifer Nelson
Addressing the issue for the first time since the legislature amended the state's Workers' Compensation Act in 2006, the Indiana Court of Appeals ruled today the amendment overrules an earlier Indiana Supreme Court decision that placed the burden of proof on employers in cases involving "neutral risk" incidents.
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Judges disagree on attorney fee provision

September 30, 2008
Michael Hoskins
A legal battle that was once about Indiana's requirements to obtain a driver's license or state identification turned into a tug-of-war appeal about attorney fees.
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Transfer granted to school financing case

September 29, 2008
IL Staff
The Indiana Supreme Court granted transfer last week to a case of first impression involving the courts' authority to review the state's school financing formula.
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Evidence failed to support ending parental rights

September 29, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's ruling to involuntarily terminate a mother's parental rights to her young twins, finding the court issued deficient termination orders and lacked clear and convincing evidence to terminate the parental rights.
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Judge allows transgender suit to proceed

September 26, 2008
Michael Hoskins
A transgender former high school student who was barred from his senior prom in Gary because he was wearing a pink dress for the occasion will have his day in court.
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Director elected VP of court administrators group

September 26, 2008
IL Staff
Lila Judson, executive director of the Indiana Supreme Court Division of State Court Administration, has been elected to serve as the vice president of the national Conference of State Court Administrators for the 2008-09 term.
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LLCs must have attorneys in federal court

September 26, 2008
Jennifer Nelson
Owners of limited liability companies must be represented by an attorney to appeal a decision in federal court, ruled the 7th Circuit Court of Appeals today.
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Federal death penalty trial still possible

September 25, 2008
Michael Hoskins
The first-ever federal death penalty trial in the Southern District of Indiana may still happen, even though the defendant has signed a plea agreement in connection with a violent killing spree almost three years ago.
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President signs new Federal Rule of Evidence

September 25, 2008
IL Staff
The Federal Rules of Evidence have been amended in hopes of lessening the skyrocketing costs of discovery.
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COA to visit IU School of Law - Bloomington

September 25, 2008
IL Staff
The Indiana Court of Appeals will hear arguments in an Elkhart County child molesting case in Bloomington Sept. 29.
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Granted transfers include hearsay case

September 24, 2008
Jennifer Nelson
The Indiana Supreme Court has granted two transfers, including a case involving whether a warrant based on hearsay was supported by probable cause or fell under the good faith exception.
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Comments sought on proposed reentry court rules

September 24, 2008
IL Staff
The Problem-Solving Courts Committee of the Judicial Conference of Indiana is seeking public comment on proposed reentry court rules.
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COA upholds Plainfield parks ban

September 24, 2008
Michael Hoskins
The Indiana Constitution doesn't ensure a person's right to enter a public park, and that means a local law restricting sex offenders from visiting those areas isn't unconstitutional, the Indiana Court of Appeals ruled today.
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Judges split on sentence reduction

September 23, 2008
Jennifer Nelson
An Indiana Court of Appeals panel was split in determining how much weight to give to a defendant's mental illness in evaluating her sentence.
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Event to focus on election, U.S. Supreme Court

September 23, 2008
IL Staff
University of Notre Dame Law School professor Richard Garnett is the featured speaker at an event discussing the upcoming presidential election and its impact on the nation's highest court.
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High court vies for international tech award

September 22, 2008
IL Staff
The Indiana Supreme Court is one of 13 international finalists being recognized for recent technology efforts, which include the case management system being phased in statewide to connect all county courts.
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Decomposition cleanup subject to lien law

September 22, 2008
Michael Hoskins
A decomposing body left in a Johnson County home has led the Indiana Court of Appeals to analyze the state mechanic's lien statute.
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7th Circuit to hear arguments at law school

September 22, 2008
IL Staff
The 7th Circuit Court of Appeals travels Tuesday to hear arguments at Indiana University School of Law - Indianapolis.
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Granted transfers include child-support case

September 22, 2008
Jennifer Nelson
The Indiana Supreme Court granted three transfers late last week, including one in which the court will re-examine a 2007 decision involving child support and incarcerated parents.
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Supreme Court disbars Indianapolis attorney

September 19, 2008
Michael Hoskins
An Indianapolis lawyer who engaged in repeated and serious acts of attorney misconduct involving multiple clients has been disbarred.
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COA: Gun test-firing not an unlawful search

September 19, 2008
Michael Hoskins
Routine test-firing of handguns that police have in their custody isn't a violation of a person's Fourth Amendment rights, the Indiana Court of Appeals ruled today.
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Appeals court reverses student's convictions

September 19, 2008
Michael Hoskins
The Indiana Court of Appeals has reversed a teenager's convictions for battery and disorderly conduct stemming from a face-off with an assistant principal and dean of students in the school cafeteria.
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Estate must be reimbursed for funeral expenses

September 18, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a trial court's approval of money received in a wrongful death suit of an Indianapolis attorney to be used to reimburse his estate for funeral and burial expenses.
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Commission admonishes Howard County judge

September 18, 2008
IL Staff
A Howard Superior judge has received a public admonition for his April 2008 actions in that county's prosecutor's office. In lieu of filing formal disciplinary proceedings, the Indiana Commission on Judicial Qualifications issued the admonition, as allowed by the Indiana Supreme Court.
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9th Circuit upholds Arizona immigration law

September 18, 2008
Michael Hoskins
Indiana lawmakers who want to pass legislation targeting employers who knowingly hire illegal immigrants got ammunition from a federal appellate court ruling in California.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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