Indiana Trial Courts

COA rules trial court erred in suppressing blood evidence in Bisard case

September 12, 2012
Jennifer Nelson
The blood of the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others should be allowed at his trial for reckless homicide and other alcohol-related charges, the Indiana Court of Appeals ruled Wednesday morning on interlocutory appeal.
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Lawsuits test gun restrictions at polling places, local regulations

September 12, 2012
Dave Stafford
Can you carry a gun to the ballot box? With a few narrow exceptions, the answer appears to be yes. A lawsuit filed last month in St. Joseph Superior Court could clarify further whether a 2011 law that voids local firearm regulations would make efforts to keep guns out of voting precincts illegal.
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Courts tend to side with HOAs on disputes

September 12, 2012
Marilyn Odendahl
No one disputes that Country Squire Lakes Community in Jennings County has decayed from a pleasant welcoming place to live into a mess of broken down mobile homes where there is fear of crime. They disagree if the change is radical enough to excuse homeowners from paying dues and assessments to their homeowners association.
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Marion County slating reform gets new push

August 29, 2012
Dave Stafford
The Indianapolis Bar Association takes aim at the Marion Superior judicial selection process.
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Marion County Small Claims courts take small steps

August 29, 2012
Dave Stafford
Recommended overhauls on the courts' structure are unlikely following the task force's critical report.
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The case against Bei Bei Shuai

August 15, 2012
Dave Stafford
Marion County Prosecutor Terry Curry never expected the prosecution of Chinese immigrant Bei Bei Shuai to become a cause célèbre. It also has become a battleground over prosecutorial discretion and how far a defense attorney can go in representing her client.
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JQC files charge against St. Joseph Judge Peter Nemeth

August 14, 2012
IL Staff
St. Joseph Probate Judge Peter Nemeth’s comments in denying an interpreter for an 18-year-old deaf person who was the subject of a guardianship proceeding have resulted in disciplinary charges filed by the Indiana Judicial Qualifications Commission.
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Ruling for IBM likely first act in legal epic

August 1, 2012
Dave Stafford
A ruling that ordered the state to pay more than $52 million to IBM due to cancellation of its contract to privatize social service claims processing certainly will have a second, and most likely a third, act.
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Indianapolis attorney facing fraud charges released from jail

July 31, 2012
Scott Olson
Lawyer William F. Conour had been held in a Decatur County Jail since July 25 on a contempt of court charge until a judge on Monday ordered his release. Conour is accused of defrauding clients of $2.5 million.
 
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State will appeal IBM ruling

July 18, 2012
Jennifer Nelson
The state is going to appeal Wednesday’s decision in Marion Superior Court that it pay IBM $52 million for ending early its billion-dollar contract with the company to update the state’s welfare system.
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State must pay $52M over terminated welfare contract

July 18, 2012
Jennifer Nelson
Marion Superior Judge David Dreyer has ordered the state to pay IBM an additional $12 million in early termination closeout payments and for equipment it retained after canceling a contract with IBM to implement a modernized welfare system. The judge previously ruled in January that the state was on the hook for $40 million in subcontractor assignment fees for terminating the contract.
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Appeals court upholds rape conviction

July 13, 2012
Dave Stafford
A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.
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BrightPoint settles 2 suits against rival Brightstar

July 13, 2012
Scott Olson
Indianapolis-based BrightPoint Inc. has agreed to settle two lawsuits it brought against similarly named rival Brightstar Corp.
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Lake County local rule requires e-filing of certain cases, fee increase implemented

July 11, 2012
Jennifer Nelson
Beginning July 16, all civil collection, civil tort, civil plenary and miscellaneous cases filed in the County Division Courts Room 2 or 3 in Lake County will have to be filed electronically using the county’s new e-filing system. The change is a result of an amendment to Local Rule 45-A.R.16-17.
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Hauke receiver files suit against his former accounting firm

July 9, 2012
Scott Olson
The receiver representing investors in the Ponzi scheme run by convicted money manager Keenan Hauke has sued Hauke's former accounting firm, charging that its negligence contributed to millions of dollars in investor losses.
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Pilot project will introduce video transcripts in 3 courts

July 4, 2012
Dave Stafford
Three Indiana courts are weeks away from beginning an unprecedented experiment: recording proceedings with digital video that will form the official trial court record.
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Indiana justices outline ‘improvement to real property’

June 25, 2012
Jennifer Nelson
For the first time, the Indiana Supreme Court addressed what constitutes an “improvement to real property” as mentioned in the construction statute of repose. In doing so, the justices reversed the trial court’s grant of a contractor’s motion for summary judgment in a wrongful death claim.
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Disgraced 'Nose Doctor' keeping lawyers busy

June 20, 2012
Dave Stafford
Dr. Mark Weinberger's silence on 350 medical malpractice claims is providing unique experience for Indiana law firms.
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Dressing defendants

May 23, 2012
Jenny Montgomery
Attorneys say image and attire may influence jurors.
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Indianapolis attorney charged with defrauding clients out of $2.5M

April 27, 2012
Jennifer Nelson
An Indianapolis attorney has been charged with misappropriating more than $2 million from his clients.
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Justices deny case involving trial judges issuing orders against other courts

April 24, 2012
IL Staff
The Indiana Supreme Court will not take the lawsuit filed by six people against Marion Superior Judge William Young for his actions in traffic court. The plaintiffs wanted the special judge appointed to their case to order Young to comply with certain procedures, which included mandating Young allow the general public to attend court sessions.
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IndyBar releases results of judicial candidate peer evaluation

April 23, 2012
Jennifer Nelson
The Indianapolis Bar Association’s Judicial Excellence Political Action Committee released the results of its 2012 judicial candidate evaluation. The Democratic and Republican Party ballots will feature twelve candidates vying for 10 spots on Marion Superior Court. The candidates received varied approval rates, from just 18 percent to nearly 97 percent.
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Volunteer attorneys sought for teen court

April 3, 2012
IL Staff
Evansville’s Youth Resources is seeking volunteer attorneys to assist in its Teen Court. The court is an early intervention/diversion program in the Vanderburgh County Juvenile Justice System for first-time youth offenders ages 10 through 17.
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Confidentiality issues raised

March 28, 2012
Michael Hoskins
St. Joseph County case creates concern about protecting callers’ identities on child abuse claims.
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Small Claims task force meetings begin Wednesday

February 20, 2012
IL Staff
The newly created task force formed by the Indiana Supreme Court to look into the practices and procedures used in Marion County Small Claims courts will hold its first of three hearings Wednesday.
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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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