Courts

Judges find search wasn't valid under 4th Amendment

March 8, 2012
Michael Hoskins
The Indiana Court of Appeals has found that a woman’s Fourth Amendment right to be free from unreasonable searches and seizures was violated and a trial judge erred in not suppressing evidence found during a home search.
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COA affirms dismissal of case 18 years after filing

March 8, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled that a Henry Circuit judge correctly dismissed a union’s complaint about a manufacturing plant closure more than two decades ago, finding that the union failed to prosecute the case for 18 years and that was an adequate basis for dismissal.
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COA remands parental rights case

March 8, 2012
Michael Hoskins
Finding that a trial judge and Indiana Department of Child Services didn’t follow the law before involuntarily terminating parental rights, the Indiana Court of Appeals has sent the case back to Elkhart Circuit Court.
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'Vouching testimony' not allowed in child sex abuse cases

March 8, 2012
Michael Hoskins
The state’s rules of evidence don’t allow for “vouching testimony” in child sex abuse cases to help determine when a youth isn’t exaggerating, and the Indiana Supreme Court won’t carve out an exception allowing for that testimony in these types of cases.
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7th Circuit affirms search warrant basis

March 8, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has determined that enough probable cause existed to justify a search warrant that led to a man’s jury convictions on drug charges.
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Title dispute leads to appellate reversal

March 7, 2012
Michael Hoskins
The Indiana Court of Appeals has reversed a decision in favor of a title company, finding that the trial court must re-examine the case to decide if the two property owners have an action for negligent contract misrepresentation relating to a land easement dispute.
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Court orders new trial in methamphetamine case

March 7, 2012
Michael Hoskins
The Indiana Court of Appeals has ordered a new trial for a woman convicted of felony methamphetamine dealing, finding that the Hendricks Superior judge should have instructed the jury on a lesser-included offense of methamphetamine possession.
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Evansville event creates mock trial to educate young attorneys

March 6, 2012
IL Staff
The Evansville Bar Association will hold “The Anatomy of a Jury Trial” Wednesday in the city’s federal building. The event developed from concerns by Chief Judge Richard L. Young of the Southern District of Indiana that younger attorneys no longer receive trial experience that used to be available.
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Justices: injured cop prevented by law from rejoining force

March 6, 2012
Jennifer Nelson
A police officer who was injured in the 1980s and received disability benefits – but later was physically able to rejoin the police department – is statutorily prohibited against returning to the force, the Indiana Supreme Court decided in answering a certified question.
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Union withdraws request for temporary restraining order

March 6, 2012
Jennifer Nelson
The union that filed a lawsuit last month in federal court challenging Indiana’s “right-to-work” law has withdrawn its emergency motion for a temporary restraining order.
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COA: trial court erred in piercing corporate veil

March 6, 2012
Jennifer Nelson
Because there was no causal connection established between misuse of the corporate form and fraud or injustice, the Indiana Court of Appeals reversed the trial court’s decision to pierce the corporate veil.
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Justices accept 5 cases

March 5, 2012
IL Staff
The Indiana Supreme Court has taken five cases, including one challenging the constitutionality of the state’s medical malpractice cap and a case on the reasonableness of hospital fees charged.
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COA: Department of Labor should review claim

March 5, 2012
Jennifer Nelson
The Indiana Court of Appeals found that a woman’s lawsuit for unpaid wages should have first been brought before the Indiana Department of Labor before she filed her action.
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Rally to bring attention to CASAs

March 5, 2012
IL Staff
The Indiana Child Advocates Network and the State Office of GAL/CASA of the Division of State Court Administration held a rally at the Indiana Statehouse Monday morning to highlight the need for and the importance of court appointed special advocates.
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COA finds man initiated communication with detective

March 2, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of a defendant’s motion to suppress an incriminating statement to a detective because the defendant initiated the discussion and understood his Miranda rights before speaking.
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Shepard to be focus of 2 public radio broadcasts

March 2, 2012
IL Staff
Indiana Chief Justice Randall T. Shepard will be on WFYI Public Radio’s “No Limits” program the week of March 5 as the show takes a look at his legacy.
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Governor has met with Supreme Court finalists

March 2, 2012
Michael Hoskins
Indiana Governor Mitch Daniels wants to move quickly on appointing the state’s next Indiana Supreme Court justice. He has already met with the three finalists who are vying for that position.
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Attorney general suing Super Bowl home rental companies

March 2, 2012
IL Staff
Indiana Attorney General Greg Zoeller filed lawsuits Thursday against two Arizona-based home rental companies for scamming residents.
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7th Circuit ponders search of cell phone

March 1, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals, which likened modern cell phones to computers, had to decide whether police could search a man’s phone for the phone’s number without a search warrant.
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Judges affirm ruling in favor of Jeep dealer

March 1, 2012
Jennifer Nelson
The Indiana Court of Appeals has ruled in favor of a southwestern Indiana car dealer being sued by a customer for injuries in a car accident under the Indiana Products Liability Act after Chrysler LLC filed for bankruptcy.
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Parents cannot each recover under policy's underinsured motorist provisions

February 29, 2012
Jennifer Nelson
The parents of a teenager killed in a crash during a drag race cannot recover funds in their individual capacities under their automobile insurance underinsured motorist provisions, the Indiana Court of Appeals concluded.
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Appellate court overturns sexual battery conviction

February 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor battery.
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Judges rule in favor of California attorney in Simon case

February 29, 2012
Jennifer Nelson
A divided Indiana Court of Appeals has reversed the decision of a Marion Superior judge that denied a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert and Bui Simon for lack of personal jurisdiction. The lawsuit stems from comments the attorney made to an Indianapolis television station regarding lawsuits involving the Simons.
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Judges affirm dismissal for lack of subject matter jurisdiction

February 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the decision by a trial court to dismiss a company’s state law claims against a labor union, finding those claims are preempted by a decision of the National Labor Relations Board.
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COA: agency's claim for Medicaid reimbursement allowed

February 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has found that a trial court erred in concluding that the Family and Social Services Administration’s preferred claim for reimbursement of Medicaid benefits against an estate was not timely filed.
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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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