Indiana Trial Courts

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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Task force will examine Marion County's small claims courts

February 14, 2012
Michael Hoskins
A new task force will review the practices and procedures of the nine small claims courts within the state’s largest county, following critical reports last year suggesting litigants may not receive the same access to justice in each court or as parties have in other Indiana jurisdictions.
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High court to hear legislative fines appeal

February 8, 2012
Jennifer Nelson
The Indiana Supreme Court has taken the appeal of a Marion County judge’s decision that ordered Democratic members of the Indiana House be refunded the money withheld from their paychecks due to a walkout in 2011.
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Justices take secretary of state case

February 8, 2012
Jennifer Nelson
The Indiana Supreme Court decided Tuesday to hear the appeals of a Marion County judge’s decision that found Indiana Secretary of State Charlie White ineligible to hold office.
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Judge orders refund of legislative fines

February 7, 2012
Jennifer Nelson
The Democratic members of the Indiana House who faced fines for failing to attend sessions in protest of right-to-work legislation will be reimbursed any amount withheld in 2011, according to a ruling from Marion Superior Judge David Dreyer. The judge also ordered that any fines imposed this session may not be collected.
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Governor appoints interim secretary of state

February 6, 2012
IL Staff
After Indiana Secretary of State Charlie White was found guilty of six felony charges Feb. 4, Gov. Mitch Daniels appointed Jerry Bonnet as interim secretary of state. A convicted felon cannot hold statewide office in Indiana.
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Webcasting allowed in 3 Lake County courtrooms

January 27, 2012
Michael Hoskins
The Indiana Supreme Court has announced a new 18-month pilot project allowing trial court proceedings to be webcast in three Lake County courtrooms.
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Judge rules on summary judgment motions in IBM case

January 26, 2012
Jennifer Nelson
The State of Indiana may be on the hook to pay IBM $40 million in subcontractor assignment fees per the contract it had with IBM to update the state’s welfare system, a contract the state cancelled in October 2009 because it wasn’t happy with results.
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Judge temporarily blocks fines for House boycott

January 20, 2012
Michael Hoskins
Marion Superior Judge David Dreyer has blocked the collection of a $1,000-a-day fine imposed on boycotting lawmakers in the Indiana House of Representatives, granting a temporary restraining order until he can hold a hearing on the merits of the issue next week.
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Justices: patient fund not entitled to set-off

January 20, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed a $1 million excess damages award from the Indiana Patient’s Compensation Fund to the estate of a man who died following a truck accident, determining the fund is not entitled to a reduction of the award to account for the 20 percent chance the man would have died even without the doctor’s negligence.
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Indiana court decisions Jan. 1 to 11, 2012

January 18, 2012
IL Staff
Read summaries of the For Publications from the Indiana appellate courts and the 7th Circuit Court of Appeals.
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Indiana Supreme Court will hear IBM case

January 9, 2012
Michael Hoskins
The Indiana Supreme Court will decide whether Gov. Mitch Daniels must appear for a deposition and testify in an ongoing lawsuit challenging the cancelled IBM contract to modernize the state’s welfare system.
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Judge allows Charlie White to remain in office pending appeal

January 4, 2012
Michael Hoskins
Recognizing the judiciary has the ability to minimize damage caused by the ongoing Indiana secretary of state court challenge, a Marion Circuit judge has put a hold on his ruling that the state’s top election official be immediately removed from office and a successor appointed.
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Super scheduling

January 4, 2012
Michael Hoskins
Law firms and courts in Indianapolis work to ensure smooth operations during Super Bowl week.
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A decade of court data is revealed

January 4, 2012
Michael Hoskins
Figures in the latest Judicial Service Report show near record-level filings continue and that the state needs more judges.
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AG to appeal secretary of state ineligibility case

December 27, 2011
IL Staff
Indiana Attorney General Greg Zoeller will appeal on behalf of the Indiana Recount Commission the decision by a judge that found Secretary of State Charlie White ineligible to run for office.
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Judge rules Charlie White ineligible for candidacy

December 22, 2011
Francesca Jarosz
A Marion County judge has ruled that Secretary of State Charlie White was ineligible to be a candidate and the office should go to Democrat Vop Osili, his challenger in the 2010 election.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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