Courts

Supreme Court considers MySpace statement

October 15, 2009
Rebecca Berfanger
he Indiana Supreme Court today issued an opinion that affirmed a Kosciusko Circuit jury's conviction of a man who murdered his girlfriend's 2-year-old daughter and the resulting sentence of life in prison without parole. The opinion also considered the defendant's novel question: whether statements from his social networking Web site, which were presented to the jury as evidence of his character, were admissible in court.
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7th Circuit warns attorneys about compliance

October 14, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals chastised the U.S. Attorney's Office in Indiana's Northern District to "get its act together" to comply strictly with a statute that imposes a mandatory life sentence for a defendant convicted of a drug offense with two prior drug convictions.
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City court judge accused of theft, suspended

October 14, 2009
Jennifer Nelson
A Knox County City Court judge was suspended today following the filing of five theft charges against the judge Tuesday.
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Majority upholds false statement is protected

October 14, 2009
Jennifer NelsonMore

Court rules on workers' comp dispute

October 13, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a finding that a company had acted in bad faith in denying workers' compensation benefits because there was a dispute over who should pay the benefits.
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Attorney's fees can come from damages award

October 13, 2009
Jennifer Nelson
Reasonable attorney's fees may be paid out of the damages award in a wrongful death action, the Indiana Court of Appeals ruled today.
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COA to hear arguments at 2 universities

October 12, 2009
IL Staff
The Indiana Court of Appeals hits the road Tuesday and Wednesday to hear arguments at two universities involving a negligence suit against a hospital and nurse and whether a casino can ban someone after he's been kicked out.
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Hamilton County to start using Odyssey

October 12, 2009
IL Staff
Hamilton County will join nearly 40 other courts and 13 counties when it begins using Odyssey, a statewide case management system provided by the Indiana Supreme Court.
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Dissent: new issues can be raised in response

October 9, 2009
Michael Hoskins
Parties shouldn't be allowed to raise arguments for the first time in response to a rehearing petition before an appellate court, an Indiana Court of Appeals judge wrote in disagreeing with two of her colleagues.
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Former foreclosure lawyer charged with fraud

October 9, 2009
Michael Hoskins
The U.S. Attorney for the Southern District of Indiana has filed mail fraud charges against a former Indianapolis attorney who resigned from the bar two years ago.
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Court to take landlord-tenant insurance query

October 9, 2009
Michael Hoskins
The Indiana Supreme Court has accepted a certified question from a federal judge, and will now consider a state law issue that it hasn't before: whether a tenant is considered a co-insured under a landlord's fire insurance policy if there's no express agreement saying otherwise.
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Testimony based on medical journals allowed

October 8, 2009
Michael Hoskins
A physician testifying at a medical malpractice case should have been allowed to offer testimony based on her reading of medical journals, and a Marion County judge erred when he excluded part of her statements, the Indiana Court of Appeals decided.
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Prosecutor faces misconduct charges

October 8, 2009
Michael Hoskins
The Indiana Supreme Court's Disciplinary Commission has filed a complaint against Marion County Prosecutor Carl Brizzi alleging he played to the media and violated professional conduct rules when commenting about two murder cases.
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Indiana order doesn't modify Florida order

October 7, 2009
Jennifer Nelson
The Indiana Supreme Court affirmed that a Vanderburgh Superior Court's order requiring a father to pay less than the full amount of a Florida support obligation, which allowed him to avoid incarceration, didn't impermissibly modify the foreign judgment.
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First impression in utility fee case

October 7, 2009
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals had to determine whether the Indiana Utility Regulatory Commission properly reviewed the rates and fees charged by a regional sewage district at the request of a campground owner.
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Judges disagree on when escape occurs

October 7, 2009
Jennifer Nelson
The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules.
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COA: Annexation should have been granted

October 6, 2009
Jennifer Nelson
The Indiana Court of Appeals found that a Circuit Court incorrectly ruled that Muncie failed to meet its statutory burden when trying to annex portions of two residential neighborhoods. The appellate court reversed the finding Muncie's ordinances annexing the land were invalid and the finding the landowners met their statutory burden to oppose the annexation.
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Restitution for lost wages an error

October 6, 2009
Jennifer Nelson
A trial court erred in ordering a man to pay restitution of the lost wages of his victim because there's no direct link the man's criminal recklessness caused the victim to be fired, the Indiana Court of Appeals ruled.
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Deputy prosecutor new Madison Circuit judge

October 5, 2009
IL Staff
A deputy prosecutor of Madison County was appointed as Madison Circuit judge Sunday by Gov. Mitch Daniels. Rudolph R. Pyle III succeeds Judge Fredrick Spencer, who resigned Sept. 25.
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COA travels north to hear arguments

October 5, 2009
IL Staff
The Indiana Court of Appeals travels to Marion and South Bend this week to hear arguments in an appeal of voluntary manslaughter and criminal recklessness convictions, and a case involving a conviction of child solicitation.
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Testimony showed intent in identity deception

October 5, 2009
Jennifer Nelson
During a trial for identity deception, a court correctly admitted evidence under Indiana Evidence Rule 404(b) of the defendant's prior interaction with the victim of his identity theft and previous instances of using the victim's information, the Indiana Court of Appeals concluded today.
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High court grants 4 transfers

October 5, 2009
Jennifer Nelson
The Indiana Supreme Court agreed Oct. 1 to hear four cases, including one dealing with whether a defendant should have a new murder trial and another involving whether a prior conviction in conspiracy to deal in cocaine counts as a conviction for dealing in cocaine under the state's habitual offender statute.
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Putative dad can file paternity petition for child

October 5, 2009
Jennifer Nelson
The Indiana Court of Appeals has ruled that although a putative father's paternity petition should be dismissed, he could proceed as the next friend of the alleged daughter in her paternity petition.
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Trial court erred in terminating parenting time

October 2, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the termination of a father's parenting time with his teenage daughters, finding the trial court erred because the decision wasn't supported by the record or statute.
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Committee ponders DCS authority of juveniles

October 2, 2009
Michael Hoskins
An interim legislative committee is deciding what it should do about a last-minute, special session addition giving the Department of Child Services even more control over juvenile justice decisions that judges have historically been entrusted to make.
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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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