Courts

COA: Store not a beneficiary of letters of credit

December 18, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled a department store has no rights derived from letters of credit between a bank and the man developing the site for a new store location.
More

IJA announces 2009 media, judicial awards

December 18, 2009
IL Staff
The Indiana Judges Association announced today the recipients of the 2009 Commendations for Excellence in Public Information and Education.
More

COA rules on re-registration of offenders

December 17, 2009
Jennifer Nelson
Two sex offenders serving or who had completed their 10-year registration period shouldn't have been required to re-register for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.
More

Circuit certifies question for Supreme Court

December 17, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals concluded an Indiana statute dealing with salvage titles is ambiguous and it should be up to the state's highest court to interpret it.
More

Court issues judgment in absentee ballot case

December 16, 2009
Jennifer Nelson
The Marion Circuit Court has outlined the required procedures for dealing with the county's absentee ballots following a suit that accused the Marion County Election Board of not following statute.
More

Nonprofit sues over DCS rate cuts

December 16, 2009
Jennifer Nelson
A nonprofit organization made up of agencies that provide services to abused and neglected kids is suing the Indiana Department of Child Services for cutting rates paid to the agencies next year.
More

City court judge faces disciplinary charges

December 16, 2009
Jennifer Nelson
A city court judge accused in October of theft of court funds is now facing disciplinary charges. The Indiana Commission on Judicial Qualifications has filed charges against non-attorney Bicknell City Court Judge David Andrew Moreland.
More

Professor testifies about impeachment of judge

December 16, 2009
IL Staff
Indiana University Maurer School of Law professor Charles G. Geyh appeared before the U.S. House of Representative's Committee on the Judiciary Tuesday as a witness in its hearing on the possible impeachment of U.S. District Judge Thomas G. Porteous of New Orleans.
More

COA rules on excessive force under ITCA

December 15, 2009
Jennifer Nelson
The use of excessive force is not conduct immunized under section 3(8) of the Indiana Tort Claims Act, the Indiana Court of Appeals ruled today.
More

'Fireman's rule' prevents officer from filing suit

December 15, 2009
Jennifer Nelson
The "fireman's rule" doesn't allow a professional emergency responder to file a claim for the negligence that creates the emergency to which he or she responds, the Indiana Supreme Court upheld today. As a result of its ruling, the high court unanimously ruled a police officer's complaint against an adult showclub must be dismissed.
More

Trial judge's comments spur COA reversal

December 15, 2009
Jennifer Nelson
Because of a trial judge's statements following the conviction of a man for having a gun in a controlled area of an airport, the Indiana Court of Appeals reversed the conviction for insufficient evidence.
More

Appellate court splits on liability of city

December 15, 2009
Jennifer Nelson
The Indiana Court of Appeals split today in deciding whether the city of South Bend should have known putting heavy machinery on an unstable sidewalk would create an unreasonable risk of harm to a brick restorer.
More

SCOTUS orders dismissal for Chrysler case

December 14, 2009
Michael Hoskins
The U.S. Supreme Court took a look at Chrysler's bankruptcy, but decided that the issue is moot and remanded it to the 2nd Circuit Court of Appeals with instructions to dismiss the case.
More

Judges uphold molestation convictions

December 14, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's convictions of child molesting because it agreed the victim's recantation of the allegations weren't worthy of credit.
More

BLE officers re-elected to new term

December 14, 2009
IL Staff
All four officers of the Indiana Supreme Court's Board of Law Examiners have been re-elected to retain their current positions, according to an announcement today from the court
More

Commissioner honors 2 judges for juvenile work

December 14, 2009
IL Staff
LaPorte Circuit Judge Thomas Alevizos and Marion Superior Judge Marilyn Moores have received the Distinguished Hoosier Award for their work with juveniles.
More

Supreme Court grants 2 transfers

December 11, 2009
IL Staff
The state's highest court has agreed to hear a case dealing with Indiana's habitual offender statute and another case involving the requirements for a cheek-swab DNA test.
More

2 attorneys suspended over real estate deal

December 11, 2009
Jennifer Nelson
Two attorneys have been suspended by the Indiana Supreme Court for their representation of a client in a real estate contract in which one of the attorneys had a financial interest.
More

COA dismisses attorney's appeal

December 11, 2009
Jennifer Nelson
The Indiana Court of Appeals dismissed an attorney's interlocutory appeal of the order he pay attorney's fees as a discovery sanction because the attorney didn't timely file his appeal.
More

Suspended judge faces disciplinary charges

December 10, 2009
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has filed charges against the suspended LaPorte Superior judge who was shot in the head just before taking the bench this year.
More

Tax Court sidesteps first-impression issue

December 10, 2009
Jennifer Nelson
Although the Indiana Tax Court had the opportunity to address an issue of first impression, it decided to save its analysis of the issue for another day because the case could be resolved on other grounds.
More

Indiana Supreme Court upholds death penalty

December 10, 2009
Jennifer Nelson
The Indiana Supreme Court today upheld the death penalty for a man convicted of killing a woman and her two daughters. In doing so, the high court re-evaluated its stance on what it means when a jury fails to recommend a sentence.
More

Attorney files suit against Indiana's JLAP

December 10, 2009
Michael Hoskins
A lawyer in good standing in Kansas is suing Indiana Judges and Lawyers Assistance Program officials, among others, claiming his civil and constitutional rights were violated during his application process to practice law in this state.
More

Justices uphold probation revocation

December 9, 2009
Jennifer Nelson
The Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's appeal - either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule 2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to his claim.
More

Supreme Court reverses rape conviction

December 9, 2009
Jennifer Nelson
The Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted rape of another woman shouldn't have been admitted at trial.
More
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

ADVERTISEMENT