Indiana Trial Courts
COA: student loan funds exempt from garnishment
December 7, 2010
Rebecca BerfangerThe Court of Appeals today found that student loan funds that had been deposited in a personal account were exempt when it
came to whether those funds could be taken from a defendant’s bank account to satisfy a judgment regarding legal fees
the defendant owed to the plaintiff.
MoreCourt reverses because of DCS notification policy
December 7, 2010
Michael HoskinsThe Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both
the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying
him of CHINS proceedings that ultimately led to his paternal rights being taken away.
MoreJudges uphold denying visitation to ex-partner
December 7, 2010
Jennifer NelsonThe Indiana Court of Appeals ruled today that lawmakers didn’t intend to allow parents to establish joint custody with
third parties under Indiana Code Section 31-17-2-3 by simply filing a joint petition with a trial court. Doing so would allow
parents and third parties to circumvent the requirements of the Adoption Act.
MoreAppellate court upholds enforcing settlement agreement
November 30, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a Marion Superior judge’s decision to enforce a disputed settlement agreement,
finding the parties agreed to the essential terms resolving the issues between them.
MoreJudge denies state's motion to dismiss school-funding lawsuit
November 30, 2010
Jennifer NelsonA lawsuit brought by parents and three school corporations regarding the state’s school-funding formula has been allowed
to proceed, a Hamilton Superior judge ruled.
MoreAttorneys ask judge to recuse himself from Simon case
November 30, 2010
Cory SchoutenAttorneys for Bren Simon turned their ire toward a Hamilton County judge on Tuesday, asking him to recuse himself from a legal
battle over real estate magnate Melvin Simon's $2 billion estate.
MoreAttorney general wants to rewrite civil forfeiture law
November 30, 2010
IL StaffIndiana Attorney General Greg Zoeller is asking legislators to make changes to the state’s civil forfeiture law during
the 2011 session. He wants to work with lawmakers to create and pass a bill that establishes a formula on how forfeitures
would be distributed and enacts stricter regulations on the use of outside counsel to file civil forfeiture actions on behalf
of prosecutors.
MoreCOA: admitting teen's confession was a fundamental error
November 29, 2010
Jennifer NelsonAn Indiana Court of Appeals decision today places a burden on police officers to make sure interview room video cameras don’t
infringe upon meaningful consultation when a juvenile is involved.
MoreAG's involvement questioned in prosecutor forfeiture suit
November 24, 2010
Michael HoskinsThe Indiana Attorney General’s Office plans to “zealously defend” 78 prosecutors being sued over civil forfeiture
collection practices, meaning the state courts will likely have to analyze not only the merits of that issue but also whether
two separate state statutes restrict how Indiana’s top attorney can intervene in this taxpayer-filed qui tam lawsuit.
MoreJustices order Marion County traffic judge's suspension
November 24, 2010
Michael HoskinsThe Indiana Supreme Court has ordered the 30-day no pay suspension of the Marion County traffic judge who’s admitted
he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants
from exercising their constitutional right to trial.
MoreMarion Traffic judge suspended for 30 days
November 24, 2010
Michael HoskinsThe Indiana Supreme Court has suspended Marion County Traffic Judge William E. Young for 30 days.
MoreIndiana traffic court issues dent judiciary's public perception
November 24, 2010
Michael HoskinsTwo central Indiana traffic court judges are under fire for their conduct and practices in their courtrooms, with one Marion
Superior judge facing disciplinary charges after sparking statewide legislative changes and criticism from the Indiana Court
of Appeals.
MoreCourt programs, economy among focuses of foreclosure conference
November 24, 2010
Rebecca BerfangerWhen it comes to the problem of mortgage foreclosures in Indiana, there appears to be no end in sight, at least not yet.
MoreJudicial candidates lose elections
November 24, 2010
Michael HoskinsTwo judicial candidates who’d faced Indiana Election Commission challenges earlier this year about their names even
appearing on the ballot made it to the general election, but ended up losing the races and not getting to the bench in Lake
and Allen counties.
MoreCourt tosses use of contempt as way to order debt payment
November 23, 2010
Michael HoskinsThe Indiana Court of Appeals says that a southern county’s local rule permitting the use of contempt powers to enforce
civil judgment payments violates the Indiana Constitution.
MoreCourt erred in admitting child's videotaped statement
November 23, 2010
Jennifer NelsonA trial court improperly allowed a videotaped statement by a victim of child molesting into evidence instead of having the
child participate in live direct examination, the Indiana Court of Appeals ruled today in its reversal of a man’s molesting
convictions.
MoreSpecial judge selection rule amended
November 23, 2010
IL StaffThe Indiana Supreme Court has amended the eligibility section of Indiana Trial Rule 79 regarding special judge selection.
MoreMendenhall gets 40 years for attack
November 19, 2010
Jennifer NelsonAugustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today
from a Hamilton County judge.
MoreChief’s recusal results in split Supreme Court
November 18, 2010
Michael HoskinsThe same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated
the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall
T. Shepard.
MoreCOA reverses ruling in right of contribution case
November 17, 2010
Jennifer NelsonThe Indiana Court of Appeals used common law today to reverse a judgment in favor of a man suing his business partner for
failing to contribute to guarantee payments.
MoreDiversity issues affect family law
November 10, 2010
Rebecca BerfangerWhile family law cases can be complicated – especially if children are involved and a case has ended up in front of
a judge after the parties couldn’t come to an agreement on their own through mediation – the issues only get more
complicated when fundamental differences exist between the parties.
MoreSecond Century suit can proceed
November 10, 2010
Michael HoskinsA Marion Superior judge has lifted a stay on the litigation involving East Chicago’s accounting and use of casino revenue,
allowing the state to proceed with discovery and ask the court to require a for-profit organization to turn over documents
relating to millions in casino revenue.
MoreCOA: jury should have had access to images
November 9, 2010
Rebecca BerfangerThe Indiana Court of Appeals today reversed and remanded a jury verdict in favor of medical care providers in a medical-malpractice
case involving a permanent eye injury following laser eye surgery. The appellate court concluded the trial court's evidentiary
and instructional rulings constituted reversible error.
MoreAll judges up for retention to stay on bench
November 3, 2010
IL StaffThe 11 judges up for retention this year – including five on the Indiana Court of Appeals – will remain on the
bench.
MoreHamilton Superior judge arrested out-of-state for DWI
November 2, 2010
Michael HoskinsHamilton Superior Judge William J. Hughes was arrested for drunk driving last week while vacationing in the Outer Banks of
North Carolina.
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Interesting that the new laws in criminal code all involve voter fraud
I'm getting divorced and we have prenuptial and judge said it stands even though he made me sign it 2 days before wedding then I be c ame ill and left with nothing butbills
No irony here, John. Conour’s clients are wise to him. Evidently you’ve missed discovery that disclosed Conour was aware he was caught with his hand in the cookie jar, actually many cookie jars, but continued to spend any monies he secured on himself and his lifestyle. Your theory is idealistic and assumes Conour has the soul of a good attorney and therefore he would take care of his clients. Conour has no soul. He greedily took awarded settlements from his disabled clients and spent it on his own edacious desires. You are naïve to think if he kept working he would put his fees into a restitution fund. He is who he is and has proven he will use any means to cheat and manipulate those who trust him and the judicial system that is supposed to protect them. Sorry John, you don’t send the fox back into the hen house after he’s caught devouring the hens. Conour can’t be trusted. He has no more honor than that fox.
The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution