Courts

Justices take case, revise sentence

November 7, 2012
Jennifer Nelson
In a divided per curiam opinion released Wednesday, the Indiana Supreme Court granted transfer to a case and agreed that a man’s aggregate sentence for criminal recklessness and criminal mischief should be revised to four years. 
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Ex-employee wins appeal and prejudgment interest

November 7, 2012
Jennifer Nelson
A former employee is entitled to commissions owed to him after he left a real estate company, the Indiana Court of Appeals affirmed Wednesday. The judges also found the ex-employee is entitled to prejudgment interest.
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Judges order trial on couple’s responsibility to unpaid subcontractors

November 7, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a decision by a DeKalb Superior judge that Fred and Mary Anna Feitler were personally liable for unpaid bills to subcontractors on their home, which was being constructed on land owned by a trust to which they were sole beneficiaries.
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Candidate facing charges from JQC loses election

November 7, 2012
IL Staff
Tammy R. Davis, the Democratic challenger to incumbent Republican Judge Steven J. Cox of Franklin Circuit Court, appears to have lost her bid to take over Cox’s spot on the bench. According to unofficial numbers from the Indiana Secretary of State’s office Wednesday morning, Davis received around 4,500 votes; Cox received nearly 6,000 votes.
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All appellate judges on the ballot retained by voters

November 7, 2012
IL Staff
Collecting more than a million “yes” votes each, Indiana Justices Steven David and Robert Rucker have been retained in office. David faced opposition from some who disagreed with the majority opinion he authored regarding unlawful police entry into homes.
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Taking the oath

November 7, 2012
Marilyn Odendahl
The admission ceremony for new Indiana lawyers weaves together feelings of joy and responsibility.
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423 law students pass July 2012 Indiana bar exam

November 7, 2012
IL Staff
Read the list of individuals who passed the Indiana bar exam in July 2012.
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Mediators' Midwest conference attracts top names

November 7, 2012
Dave Stafford
Attorneys travel from around Indiana and the region to hear from national experts and learn techniques.
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Attorney discipline process goes public

November 7, 2012
Dave Stafford
Testimony alleges that Ohio lawyer’s race and past play a role in Indiana’s case against him for unauthorized practice of law.
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Court finds mediation not so confidential

November 7, 2012
Marilyn Odendahl
Some Indiana attorneys are concerned about the possible ramifications of the recent Horner decision.
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Federal Bar Update: Northern, Southern District courts cleaning up local rules

November 7, 2012
John Maley
Local Rule amendments are in the works in the Northern District and Southern District of Indiana, with amendments to take effect Jan. 1.
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Disciplinary Actions - 11/9/12

November 7, 2012
IL Staff
See who's been disciplined by the Indiana Supreme Court.
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Rush joined Supreme Court Nov. 7

November 7, 2012
Indiana’s newest justice has officially joined the state’s highest court. Loretta Rush had a private swearing in ceremony Nov. 7. Her public ceremony will be held Dec. 28. Rush is just the second woman to serve on the state Supreme Court.
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Justices reverse COA, hold state’s appeal timely

November 6, 2012
Dave Stafford
The Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression of evidence in a drunken-driving case.
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Evidence shows outrage over property tax assessment is a case of ‘buyer’s remorse’

November 6, 2012
Marilyn Odendahl
A dispute over a property tax assessment of a mobile home park is a case of buyer’s remorse and not indicative of an error by the Indiana Board of Tax Review, the Indiana Tax Court has ruled.
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Wife’s pain from shove, poked forehead ‘bodily injury,’ justices rule

November 6, 2012
Dave Stafford
The Indiana Supreme Court late Monday reconciled conflicting interpretations of the “bodily injury” requirement for domestic battery and other criminal offenses using that language, concluding that any such offense that causes the victim physical pain meets the test.
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Board did not abuse discretion in finding assessor’s appraisal more persuasive

November 6, 2012
Marilyn Odendahl
Noting that determining the assessed value of a property is not an exact science, the Indiana Tax Court rejected a property owner’s assertion that the county assessor’s appraisal was improperly given greater weight.
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White disciplinary proceedings stayed, suspension still in effect

November 6, 2012
Jennifer Nelson
The Indiana Supreme Court agreed Nov. 1 to hold off on proceeding with a disciplinary investigation of former Indiana Secretary of State Charlie White after White requested a stay. His law license, which was suspended in May, remains suspended.
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BMV puts the brakes on enforcing uninsured motorist registry

November 5, 2012
IL Staff
The Indiana Bureau of Motor Vehicles agreed Monday to halt enforcement of the “Previously Uninsured Motorist Registry” and reinstate the driver’s licenses of thousands of Hoosiers.
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Justices take 1 case, reject 20

November 5, 2012
IL Staff
Indiana justices will review a case involving a search deemed illegal and a subsequent conviction for resisting law enforcement that was reversed by the Court of Appeals.
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Court names Tippecanoe pro tem judge to replace Rush

November 5, 2012
IL Staff

Senior Judge Thomas K. Milligan will serve as Tippecanoe Superior 3 judge pro tem after Loretta Rush moves from that court to take her seat on the Indiana Supreme Court Nov. 7.

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Oregon verdict may have impact on Indiana Guardsmen’s KBR suits

November 5, 2012
Dave Stafford
A federal jury verdict last week awarded 12 Oregon soldiers $85 million for illnesses linked to a military contractor that knowingly exposed them to toxic chromium dust in Iraq. The result could have implications for 60 similarly situated Indiana National Guard members who are awaiting their day in court.
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Appeals court: Felon waived speedy trial, judge challenges

November 2, 2012
Dave Stafford
A man convicted of multiple felonies lost his appeal when the court determined he had not objected to matters raised in the appeal during his jury trial or sentencing.
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Tea party radio ad opposes David’s retention; Shepard gives backing

November 2, 2012
Dave Stafford
Indianapolis Tea Party Corp. has produced a radio advertisement critical of Justice Steven David ahead of his retention vote on Tuesday.
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Common Cause, ACLU sue over Marion County judge slating

November 2, 2012
Dave Stafford
The way Marion Superior judges are elected is unconstitutional, a suit filed Thursday by Common Cause and the American Civil Liberties Union of Indiana alleges.
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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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