Courts

Agency erred in taxing certain money

November 6, 2009
Jennifer Nelson
The Department of State Revenue erred when it concluded certain money collected from customers of a small, rural telecommunications company were subject to Indiana's utility receipts tax, the Indiana Tax Court ruled Thursday.
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COA: Man didn't personally waive right to jury

November 6, 2009
Jennifer Nelson
Because the trial court erred in finding a defendant waived his right to have a jury hear the enhancement aspects of his drunk-driving case, the Indiana Court of Appeals reversed his elevated conviction.
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Man accused of planning to blow up courthouse

November 5, 2009
Jennifer Nelson
A Pike County man was arrested by police after they discovered his plan to blow up the county courthouse if he was found guilty in his trial Wednesday.
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Prior conviction doesn't fall under exception

November 5, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant's argument that his felon-in-possession indictment was insufficient because his previous conviction of stealing cable doesn't meet the definition of a "crime punishable by imprisonment for a term exceeding one year" under 18 U.S.C. Section 921(a)(20)(A).
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City, operator charged with violating CWA

November 5, 2009
Jennifer Nelson
The City of Madison and a wastewater treatment plant operator have been charged with negligently violating the Clean Water Act.
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State didn't prove man used car to keep drug

November 4, 2009
Jennifer Nelson
The Indiana Court of Appeals overturned a conviction of maintaining a common nuisance because the state failed to prove the defendant used his car to keep marijuana.
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Disciplinary Commission head leaving

November 4, 2009
Jennifer Nelson
Donald Lundberg, the Indiana Supreme Court Disciplinary Commission executive secretary, has announced his resignation as head of the agency, effective Jan. 1, 2010.
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AG wants Melendez-Diaz overturned

November 4, 2009
Jennifer Nelson
The Indiana Attorney General's Office is joining several states in co-authoring an amicus brief asking the Supreme Court of the United States to modify or overturn its decision in Melendez-Diaz v. Massachusetts
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7th Circuit: conviction can't enhance sentence

November 4, 2009
Jennifer Nelson
A defendant's conviction of possession of a firearm by a felon stands because police had reasonable suspicion to stop the car he was riding in, the 7th Circuit Court of Appeals concluded today.
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Justices set execution in stun-belt restraint case

November 3, 2009
Michael Hoskins
The Indiana Supreme Court has denied a condemned inmate's challenge to his death sentence and set a date for what would be the state's first execution in more than two years.
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Lawyer appointed to fill city judge seat

November 3, 2009
IL Staff
The Indiana Supreme Court on Monday appointed attorney Michael D. Edwards to serve as judge pro tempore of Bicknell City Court.
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Improper venue doesn't require acquittal

November 3, 2009
Jennifer Nelson
Even though the Hamilton Superior Court erred in concluding it was the proper venue for a felony child solicitation charge, the error doesn't warrant an acquittal of the conviction, the Indiana Court of Appeals concluded today. The case was remanded for retrial in the proper venue of Madison County.
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BMV policy change case gets transfer

November 2, 2009
Jennifer NelsonMore

SCOTUS accepts Indiana steel plant case

November 2, 2009
Michael Hoskins
The nation's highest court has agreed to take on a labor dispute issue involving a northern Indiana steel plant. The high court will consider whether the National Labor Relations Act allows the governing board to act when only two of its five positions are present to vote on labor disputes.
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Loan repayment program renamed after justice

October 30, 2009
IL Staff
The recently resurrected Indiana Bar Foundation Loan Repayment Assistance Program has been named in honor of former Indiana Supreme Court Justice Richard M. Givan, who died in July.
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COA: Casinos can't ban card counters

October 30, 2009
Michael Hoskins
An Indiana casino cannot stop someone from playing regulated blackjack simply because he counts cards, the Indiana Court of Appeals ruled today.
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Insurance presents first-impression issue

October 30, 2009
Jennifer Nelson
The Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a former employer aren't a marital asset subject to a division.
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YouTube video prejudiced jury

October 30, 2009
Jennifer Nelson
The use of a YouTube video during closing arguments as a demonstrative aid by the state warrants a reversal of a robbery conviction because it may have prejudiced the jury, the Indiana Court of Appeals ruled today.
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Insurer not allowed to substitute party name

October 29, 2009
Jennifer Nelson
An insurance company isn't allowed to substitute another party's name in a suit filed by a driver for her underinsured motorist benefits because there's no authority for substitution of a non-party before a jury in a contract case, the Indiana Court of Appeals decided today. Doing so would create a "legal fiction" before the jury.
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COA to hear arguments in Valparaiso

October 29, 2009
IL Staff
A panel of Indiana Court of Appeals judges heads north Friday to hear arguments to determine whether the trial court abused its discretion in ordering the defendant to serve the remainder of his sentence in prison after he violated home detention rules.
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Former St. Joseph Superior judge dies

October 28, 2009
Jennifer Nelson
Judge William T. Means, a former judge on the St. Joseph Superior Court for more than two decades, died Oct. 21 at the age 80.
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Judge wins in mandate action

October 28, 2009
Michael Hoskins
A special judge has ruled in favor of St. Joseph Probate Judge Peter Nemeth, who'd issued a judicial mandate earlier this year directing county officials to transfer money for pay raises and improvements for the juvenile justice center.
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No error in sanctions against state

October 28, 2009
Jennifer Nelson
A trial court didn't clearly err when it dismissed drunk driving charges against a defendant as sanctions for the state's discovery violations, the Indiana Court of Appeals concluded today.
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COA: Insurers have no duty to defend Cinergy

October 28, 2009
Jennifer NelsonMore

Federal judge still won't block Voter ID law

October 28, 2009
Michael Hoskins
A week before some Indiana voters go to the polls, a federal judge in Indianapolis has declined to block the state's voter identification law that's currently in flux following a state appellate court ruling in September.
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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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