Courts
Denial of post-conviction relief upheld by COA
May 10, 2013
Jennifer NelsonEven if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional
norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t
prejudiced because the trial court explained those consequences.
MoreCOA to trial judges: enter restitution orders at sentencing
May 10, 2013
Jennifer NelsonThe Indiana Court of Appeals sent a case in ‘procedural limbo’ back to trial court to enter a restitution order
within 30 days, which will allow the defendant to appeal his aggravated battery conviction. The appellate judges also advised
trial courts on the pitfalls of postponing ordering restitution when ordering a sentence.
MoreJudicial candidate barred from office for 5 years
May 9, 2013
Jennifer NelsonThe attorney who made statements regarding Franklin Circuit Judge Steven Cox’s release of a prisoner during the time
she was challenging him for his spot on the bench last fall cannot seek judicial office for five years, the Indiana Supreme
Court ruled Thursday. The justices also publicly reprimanded Tammy R. Davis of Brookville.
MoreWoman who used FedEx to send med mal complaint didn’t timely file
May 9, 2013
Jennifer NelsonThird-party carriers are not included in the statute regarding filing proposed medical malpractice complaints with the Indiana
Department of Insurance, so a woman’s complaint that was sent via FedEx within the two-year statute of limitations –
but not stamped until after the limitations expired – is not considered timely filed, the Indiana Court of Appeals ruled.
MoreJudges reverse teen’s gang-related adjudication
May 9, 2013
Jennifer NelsonThe state was unable to prove that a 14-year-old Indianapolis boy committed criminal gang activity when he and several other
juveniles followed another teen after a party, the Indiana Court of Appeals ruled Thursday.
MoreResidency requirement updated for Hendricks Superior magistrate positions
May 9, 2013
The Hendricks Superior Court – which is seeking two magistrate judges to take the bench – has changed its
residency requirement for applicants. Applicants no longer have to reside in the county at the time of applying, but the two
chosen for the jobs must live in Hendricks County by the end of the year.
MoreSullivan: Mediation between Lake County judges, magistrates fails
May 9, 2013
IL StaffMediation ordered by the Indiana Supreme Court failed to settle a dispute among Lake County judges over a juvenile court vacancy,
according to a report filed Wednesday by the former justice who tried to resolve the matter.
MoreCOA: More proceedings are needed on parents’ ITCA compliance
May 8, 2013
Jennifer NelsonFinding a genuine issue of material fact as to whether Richmond parents’ complied with the Indiana Tort Claims Act notice
provision when filing a lawsuit after their severely disabled daughter died at school, the Indiana Court of Appeals ordered
that issue to go before a jury.
MoreJustices suspend attorney for history of ‘unethical litigation practices’
May 8, 2013
Jennifer NelsonThe Indiana Supreme Court has handed down a three-year suspension to an Indianapolis attorney whose conduct “far exceeded
zealous advocacy and included repeated abuse of the tools of the legal system.”
More7th Circuit rejects claim that FMLA should be extended to non-eligible employees
May 8, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that
her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t
agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.
More7th Circuit: ‘Ransom demand’ requires third-party involvement
May 8, 2013
Jennifer NelsonIn order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the
7th Circuit Court of Appeals held Wednesday.
MoreJudge grants class certification in BMV lawsuit
May 8, 2013
IL StaffA Marion Superior Judge ruled last week that a lawsuit brought against the Indiana Bureau of Motor Vehicles for allegedly
overcharging drivers may proceed as a class-action lawsuit.
MoreNational fraternity not entitled to summary judgment in wrongful death case
May 8, 2013
Jennifer NelsonThe national organization of a Wabash College fraternity where a freshman pledge died after a night of heavy drinking is not
entitled to summary judgment on the student’s parents’ claims arising from his wrongful death, the Indiana Court
of Appeals ruled.
MoreChanges coming to prosecuting attorneys retirement fund
May 8, 2013
Jennifer NelsonOn Tuesday, Gov. Mike Pence signed into law HEA 1057, which will alter the prosecuting attorneys retirement fund to incorporate
several features that are found in the 1985 judges’ retirement system.
MoreRockport on the rocks
May 8, 2013
Dave StaffordThe Indiana Legislature leaves the fate of a derided coal gasification plant proposal to justices.
MoreOn the road, jurists give public access to appellate cases
May 8, 2013
Dave StaffordIt’s no accident that on a college campus in Richmond recently, the Indiana Supreme Court heard a case that involves
allegations of hazing and potential liability for an incident at a Wabash College fraternity.
MoreClose calls, complex cases highlight need for attorney surrogates
May 8, 2013
Marilyn OdendahlThe attorney surrogate rule protects clients when lawyers are suddenly unavailable due to death, disability, disbarment or
disappearance.
MoreSocial media sleuths find evidence, but admissibility requires authentication
May 8, 2013
Dave StaffordWhat happens on Facebook stays on Facebook – forever – and attorneys conceivably run into risk if they fail to
investigate pertinent posts, a judge suggested during a presentation about social media evidence.
MoreTaking them at their word
May 8, 2013
Marilyn OdendahlThe work of interpreters is exhausting, but vital to protecting individual rights.
MoreMarion County’s Odyssey transition: a tech-free week
May 8, 2013
Dave StaffordThe clerk’s office in Indianapolis’ City-County Building is in the middle of a throwback week, revisiting a simpler
time when a hand stamp on paper was all you needed to file court documents. Blame technology.
MoreDisciplinary actions - 5/8/13
May 8, 2013
IL StaffRead who's been suspended recently by the Indiana Supreme Court.
MoreChief Justice Roberts says budget cuts translate into judicial furlough and layoffs
May 7, 2013
Marilyn OdendahlChief Justice of the United States John Roberts used part of his address to the 7th Circuit to highlight the fiscal constraints
judges and courts are facing today.
More7th Circuit reaffirms drug conviction over claims of ineffective counsel
May 7, 2013
Dave StaffordA man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction
should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the
Northern District of Indiana.
MoreEntering a guilty plea is not a mitigating factor, COA rules
May 7, 2013
Marilyn OdendahlAlthough a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did
not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its
discretion when sentencing him.
MoreCourt erred in barring expert witness in decade-old software suit
May 7, 2013
Dave StaffordA trial court erred when it excluded the expert testimony of a witness who sought to address damages for a software company
whose former employees allegedly violated non-compete clauses.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!