Courts

Attorney must register as a sex offender

October 7, 2011
Jennifer Nelson
An attorney and former Democratic candidate for Gibson County prosecutor indicted on charges including possession of child pornography and false informing, entered into a plea agreement Tuesday that wouldn’t have required he register as a sex offender. After further review, the trial judge realized Indiana law requires him to do so.
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New bankruptcy rules effective Oct. 11

October 7, 2011
IL Staff
The United States Bankruptcy Court, Southern District of Indiana, issued an order Oct. 5 amending local bankruptcy rules.
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COA: Remonstrators didn't request timely stay of annexation

October 6, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.
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Deputy owed no duty to warn of icy road

October 6, 2011
Jennifer Nelson
A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.
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Justices take certified questions

October 5, 2011
Jennifer Nelson
The Indiana Supreme Court has accepted three certified questions stemming from a case in the Southern District of Indiana.
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Judges extend due process safeguards regarding interpreters to civil cases

October 4, 2011
Jennifer Nelson
A trial court must take the same steps in a civil action as it does in a criminal action regarding the use of an interpreter in order to address due process concerns, the Indiana Court of Appeals held for the first time Tuesday.
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Pro bono award winners announced

October 4, 2011
IL Staff
An attorney who made significant contributions in pro bono service will receive a posthumous honor on Oct. 21.
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Appellate judges will hear arguments in East Chicago

October 4, 2011
IL Staff
A panel of Indiana Court of Appeals judges will travel to northern Indiana Thursday to hear the appeal of a man convicted of attempted murder.
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SCOTUS doesn't take any Indiana cases

October 3, 2011
Michael Hoskins
The Supreme Court of the United States has declined to take several Indiana cases, including a criminal appeal about whether a stun belt restraint on a defendant during trial and sentencing is prejudicial.
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PACER fee increase begins April 2012

October 3, 2011
IL Staff
The 2-cent increase per page to access electronic information on the Public Access to Court Electronic Records system will take effect April 1, 2012. The Judicial Conference of the United States authorized raising the fee to 10 cents a page to cover maintenance costs as well as to enhance the system.
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Judges uphold admission of robbery confession

October 3, 2011
Jennifer Nelson
A trial court did not err in admitting evidence of uncharged misconduct from another incident during a defendant’s trial for robbery, the Indiana Court of Appeals ruled Monday. The evidence contained a letter that helped corroborate the man’s confession to the robbery.
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Commission urges discipline for former Marion County prosecutor

September 30, 2011
Michael Hoskins
The Indiana Supreme Court’s Disciplinary Commission wants the state's highest court to find former Marion County Prosecutor Carl Brizzi committed misconduct when he made statements about two high-profile cases he handled as prosecutor.
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Justices agree subsidiaries are not new employers

September 30, 2011
Jennifer Nelson
Emphasizing its ruling only deals with determining the proper merit rate for unemployment fund contributions, the Indiana Supreme Court ruled a manufacturer did not create employers through its new subsidiaries, so it wasn’t entitled to a lower rate.
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Bankruptcy judges relocating

September 30, 2011
IL Staff
Beginning in October, three of the bankruptcy judges in the Southern District of Indiana will be relocating their courtrooms because of construction at the Birch Bayh Federal Building and United States Courthouse.
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SJCBA releases results of judicial survey

September 30, 2011
IL Staff
The St. Joseph County Bar Association has released the findings of its annual survey of Superior judges. The bar association conducts the survey each year even if no judges are up for retention, which is the case for 2011.
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Appellate court to visit southern Indiana Oct. 4

September 30, 2011
IL Staff
Two panels from the Indiana Court of Appeals will hear arguments at universities in southern Indiana next week.
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Justices suspend attorney for collecting 'exploitive fee'

September 29, 2011
Jennifer Nelson
The Indiana Supreme Court has suspended an Indianapolis attorney after finding he engaged in attorney misconduct by collecting a “clearly unreasonable and exploitive fee” from a vulnerable client.
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Court: CHINS fact-finding hearing required by due process

September 28, 2011
Michael Hoskins
The Indiana Court of Appeals disagrees with the state Department of Child Services that fact-finding and dispositional hearings in a child in need of services case are interchangeable. The appellate panel has ruled a Marion County father’s due process rights were denied because he didn’t receive the opportunity for a fact-finding hearing.
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Justices uphold murderer's convictions

September 28, 2011
Jennifer Nelson
The Indiana Supreme Court has affirmed that a man will serve life in prison without parole for his role in the murders of seven people in Indianapolis in 2006.
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Appeals court reverses judge on visitation ruling

September 28, 2011
Michael Hoskins
The state’s intermediate appellate court has reversed a southern Indiana judge’s ruling that a boyfriend should retain visitation rights over an ex-girlfriend’s child. It ruled that the finding is contrary to law because lawmakers didn’t allow for that type of circumstance to warrant visitation.
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Federal judge finds U.S. law preempts state 'robo-call' statute

September 28, 2011
Michael Hoskins
The state is not able to prevent out-of-state entities from placing political calls to residents within Indiana because of an existing federal law, according to a federal judge’s ruling on Indiana’s auto-dialer statute.
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Indiana asks U.S. Supreme Court to take health care law challenge

September 28, 2011
IL Staff
Indiana and 25 other states have filed a petition for writ of certiorari with the Supreme Court of the United States asking the nation’s highest court to rule on a lawsuit involving the Affordable Care Act.
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Judge sues to prevent local court closure

September 28, 2011
Michael Hoskins
The consolidation is a byproduct of the state judiciary’s reform efforts.
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2 cities face gun-compliance lawsuits

September 28, 2011
Jenny Montgomery
The plaintiffs' attorney says the complaints are inspired by willful disregard of state law.
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Judge: query goes too far

September 28, 2011
Michael Hoskins
Ruling strikes down one Indiana bar exam application question.
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  1. Thanks for this article. We live in Evansville, IN and are aware of how bad the child abuse is here. Can you please send us the statistics for here in Vanderburgh, County. Our web site is: www.ritualabusefree.org Thanks again

  2. This ruling has no application to Indiana. The tail end of the article is misleading where it states criminal penalties await those who refuse a test. This is false. An administrative license suspension is what awaits you. No more, no less.

  3. Yellow journalism much??? "The outcome underscores that the direction of U.S. immigration policy will be determined in large part by this fall's presidential election, a campaign in which immigration already has played an outsized role." OUTSIZED? by whose standards? Also this: "In either case, legal challenges to executive action under her administration would come to a court that would have a majority of Democratic-appointed justices and, in all likelihood, give efforts to help immigrants a friendlier reception." Ah, also, did you forget an adjective at the *** marks ahead by any chance? Thinking of one that rhymes with bald eagle? " In either case, legal challenges to executive action under her administration would come to a court that would have a majority of Democratic-appointed justices and, in all likelihood, give efforts to help *** immigrants a friendlier reception."

  4. Definition of furnish. : to provide (a room or building) with furniture. : to supply or give (something) to someone or something. : to supply or give to (someone) something that is needed or wanted. Judge Kincaid: if furnish means provide, and the constitution says the provider in a uni is the township, how on earth are they seperated??

  5. I never filed a law suite. I had no money for a lawyer. In 2010 I presented for MRI/with contrast. The technician stuck my left arm three times with needle to inject dye. I was w/out O2 for two minutes, not breathing, no ambulance was called. I suffered an Embolism ,Myocardia infarction. Permanent memory loss, heart damage. After the event, I could not remember what I did five seconds earlier. I had no-one to help me. I lost my dental hygiene career, been homeless, etc.

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