Indiana Trial Courts

Justice's first ruling affirms murder convictions, life sentence

December 21, 2010
Michael Hoskins
Indiana Supreme Court Justice Steven David issued his first decision as a member of the state’s highest court, affirming a life without parole sentence in a murder case out of Hamilton County.
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6 counties get federal grant for drug courts

December 21, 2010
IL Staff
Drug courts in Delaware, Marion, Monroe, Spencer, Vanderburgh, and Vigo counties will share $1 million from a Bureau of Justice Assistance Drug Court Discretionary Grant, the Indiana Supreme Court announced today. The award will help courts increase graduation rates and lower recidivism.
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Former Marion County prosecutor spokesman pleads guilty

December 20, 2010
Jennifer Nelson
A former spokesman for the Marion County Prosecutor’s Office has pleaded guilty to a drunk driving charge and been sentenced to jail.
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Unsuccessful Medicaid applicants aren't entitled to in-person hearing

December 16, 2010
Jennifer Nelson
People whose applications have been denied for Medicaid disability benefits do not have a constitutional right to an in-person administrative hearing, the Indiana Court of Appeals has ruled.
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Judge appoints former justice as trustee over Simon estate

December 16, 2010
Cory Schouten
A Hamilton County judge has ordered Bren Simon removed as personal representative and interim trustee over her late husband's estate, replacing her with a retired justice of the Indiana Supreme Court.
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Judges affirm complaint is time-barred

December 15, 2010
Jennifer Nelson
Although a trial court shouldn’t have adhered to its local rule because it failed to achieve “the ultimate end of orderly and speedy justice,” the Indiana Court of Appeals affirmed the lower court’s finding that a woman’s claim against her deceased husband’s former employer was time-barred.
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Madison County joins Odyssey system

December 15, 2010
IL Staff
Madison County is the latest county to go online with the Indiana Supreme Court’s Odyssey case management system. The system connects counties to a network of courts, clerks, law enforcement, and other state agencies.
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Appellate court rules traffic stop legal

December 8, 2010
Jennifer Nelson
A police officer had reasonable suspicion to stop the car of a man who parked illegally in a handicapped spot after the car made it on to the street, ruled the Indiana Court of Appeals.
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Judge and his wife use son's death to discuss prescription drug abuseRestricted Content

December 8, 2010
Michael Hoskins
The scream that pierced the silence one morning almost two years ago is one that haunts Marion Superior Judge Bill Nelson every day, and it likely will for the rest of his life.
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Justices order Marion traffic judge's suspension

December 8, 2010
Michael Hoskins
The Indiana Supreme Court has suspended 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.
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Local courts, educational program named after 3 Indiana jurists

December 8, 2010
Michael Hoskins
The practice of naming a building after someone is a longstanding tradition throughout the country, but one of the most common practices in those renamings is waiting until someone dies to dedicate that place.
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COA: student loan funds exempt from garnishment

December 7, 2010
Rebecca Berfanger
The 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.
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Court reverses because of DCS notification policy

December 7, 2010
Michael Hoskins
The 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.
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Judges uphold denying visitation to ex-partner

December 7, 2010
Jennifer Nelson
The 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.
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Appellate court upholds enforcing settlement agreement

November 30, 2010
Jennifer Nelson
The 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.
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Judge denies state's motion to dismiss school-funding lawsuit

November 30, 2010
Jennifer Nelson
A 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.
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Attorneys ask judge to recuse himself from Simon case

November 30, 2010
Cory Schouten
Attorneys 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.
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Attorney general wants to rewrite civil forfeiture law

November 30, 2010
IL Staff
Indiana 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.
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COA: admitting teen's confession was a fundamental error

November 29, 2010
Jennifer Nelson
An 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.
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AG's involvement questioned in prosecutor forfeiture suit

November 24, 2010
Michael Hoskins
The 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.
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Justices order Marion County traffic judge's suspension

November 24, 2010
Michael Hoskins
The 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.
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Marion Traffic judge suspended for 30 days

November 24, 2010
Michael Hoskins
The Indiana Supreme Court has suspended Marion County Traffic Judge William E. Young for 30 days.
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Indiana traffic court issues dent judiciary's public perception

November 24, 2010
Michael Hoskins
Two 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.
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Court programs, economy among focuses of foreclosure conference

November 24, 2010
Rebecca Berfanger
When it comes to the problem of mortgage foreclosures in Indiana, there appears to be no end in sight, at least not yet.
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Judicial candidates lose elections

November 24, 2010
Michael Hoskins
Two 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.
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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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