Justices/Judges

COA splits on need for evidentiary hearing in revocation

April 27, 2011
Jennifer Nelson
The Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.
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Bill expands merit selection

April 27, 2011
Jenny Montgomery
Lawmakers consider election vs. selection of Superior county judges in Lake County.
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Indiana court official visits Ukraine to discuss court access

April 27, 2011
Michael Hoskins
The trip was a part of an ongoing effort the United States is making to help Ukraine improve its judicial independence and establish more of a democracy.
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Ind. magistrate judge to chair Federal Judicial Center committee

April 22, 2011
IL Staff
U.S. Magistrate Judge Tim A. Baker has been appointed by U.S. Supreme Court Chief Justice John G. Roberts Jr. to serve as chair of the Federal Judicial Center’s U.S. Magistrate Judge Education Advisory Committee.
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Social Security income shouldn't be considered in restitution orders

April 21, 2011
Jennifer Nelson
Dealing with an issue of first impression, the Indiana Court of Appeals has ruled that Social Security income must be excluded when considering a defendant’s ability to pay restitution.
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NCAA championship ticket distribution not a lottery

April 21, 2011
Jennifer Nelson
The National Collegiate Athletic Association’s ticket-distribution plan for championship games doesn’t constitute a “lottery” under Indiana law, the Indiana Supreme Court decided Thursday. The issue was before the justices as certified questions from the 7th Circuit Court of Appeals.
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Kissing a sleeping victim doesn't constitute sexual battery

April 20, 2011
Jennifer Nelson
A victim being asleep isn’t equivalent to a mental disability or deficiency for purposes of the sexual battery statute, the Indiana Court of Appeals held Wednesday.
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UPDATE: Hamilton Superior judge surprised by case resolution

April 19, 2011
Michael Hoskins
In all his years on the bench, Hamilton Superior Judge William J. Hughes said he hasn’t experienced what he did this week as a defendant in a North Carolina court.
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Hamilton County judge pleads guilty to reckless driving

April 19, 2011
Michael Hoskins
Longtime Hamilton Superior Judge William J. Hughes pleaded guilty Monday in a North Carolina court, avoiding a drunken driving conviction for a lesser count of reckless driving that means a year of unsupervised probation.
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Judge argues state must prove actual endangerment

April 18, 2011
Jennifer Nelson
The Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the possibility of it.
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Court splits on standard used to modify custody

April 14, 2011
Jennifer Nelson
Even though the trial court departed from established statutory procedures by using the “best interests” standard to modify physical custody, the majority of Indiana Court of Appeals judges affirmed the lower court’s decision.
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Judges discuss fundamental error, ineffective trial counsel assistance

April 14, 2011
Jennifer Nelson
Fundamental error and prejudice for ineffective assistance of trial counsel present two substantively different questions, the Indiana Court of Appeals concluded Thursday in a post-conviction case.
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COA: Attorney entitled to lien on former client's file

April 13, 2011
Jennifer Nelson
An attorney doesn’t have to produce documentation of the amount of money a former client owes in order to have a valid retaining lien, ruled the Indiana Court of Appeals.
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Judges affirm retroactive application of amendments to blood draw statute

April 13, 2011
Jennifer Nelson
Applying 2010 statutory amendments governing chemical tests for evidence of intoxication to a case of a man charged in 2009 with driving while intoxicated didn’t violate the prohibitions against ex post facto criminal sanctions, the Indiana Court of Appeals held Wednesday.
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Judges disagree on whether landowners are 'aggrieved'

April 12, 2011
Michael Hoskins
Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
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Kimbrough Bar Association to honor state's African-American judges

April 12, 2011
IL Staff
The James C. Kimbrough Bar Association will salute Indiana’s African-American members of the judiciary on April 21.
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State responsible for costs in relocating Medicaid patients

April 11, 2011
Jennifer Nelson
Indiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana Court of Appeals ruled Monday.
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Judges divided on calculation of damages after negligence

April 7, 2011
Jennifer Nelson
The Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because the deceased man had at least a 50 percent chance of survival before the medical negligence.
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Court tackles 'sexual activity' meaning in statute

April 7, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
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Judges affirm denial of post-conviction relief

April 6, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana Evidence Rule.
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Judge dismisses civil forfeiture suit against state prosecutors

April 6, 2011
Michael Hoskins
A Marion Superior judge has tossed a lawsuit against 78 county prosecutors being accused of breaking the law by not turning over seized assets from criminals to a school construction fund. In doing so, the judge expressed concern about the lack of reasoning and consistency demonstrated by prosecutors throughout the state.
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Federalist Society to host national ethics expert for lecture

April 5, 2011
IL Staff
Edward Whelan, president of the Ethics and Public Policy Center in Washington, D.C., will lecture about “Lessons of the Sotomayor and Kagan Confirmation Processes: The Political Triumph of Judicial Conservatism,” from noon to 2 p.m. April 14. The lecture, hosted by the Indianapolis chapter of The Federalist Society for Law and Public Policy Studies, will be at the Conrad hotel, 50 W. Washington St., Indianapolis.
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COA reverses judgment in title insurance issue

April 4, 2011
Jennifer Nelson
The Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.
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Legal analysts use media to educate public about issues

March 30, 2011
Rebecca Berfanger
Lawyers and judges who eat, sleep, and breathe the law might find it easy to forget that not everyone understands the finer points of how the justice system works. This is where legal commentators – analysts of the inner workings of the legal system – come into play.
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Appellate court affirms arbitration on claims against college

March 29, 2011
Michael Hoskins
With one judge frustrated that Indiana residents and students may have been “hornswoggled” by a college’s advertisements about being accredited, the Indiana Court of Appeals has upheld an order compelling arbitration on a claim that three students were fraudulently induced to enroll because of misrepresentation about that accreditation.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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