Justices/Judges

Comment sought on reappointment of magistrate judge

March 10, 2011
IL Staff
Members of the bar and the public are invited to comment as to whether United States Magistrate Judge Michael G. Naville of the U.S. District Court for the Southern District of Indiana, New Albany Division, should be reappointed to a new four-year term.
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Judges visit Jeffersonville for arguments

March 7, 2011
IL Staff
The Indiana Court of Appeals travels to southern Indiana Wednesday to hear arguments in a case involving credit time.
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7th Circuit denies petition to remove judge

March 4, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals denied a man’s petition for writ of mandamus to remove a federal judge from a case he is involved with that’s still pending in District Court. The man failed to intervene in the case and his interest in the case is too uncertain to give him the rights of a party automatically, the judges ruled Friday.
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Man still fighting dismissal of bar exam suit

March 3, 2011
Michael Hoskins
The man who sued the Indiana Supreme Court and state Board of Law Examiners because he wants to take the bar exam without going to law school wants a federal judge to reopen his case, arguing that he has no other legal recourse available and the court’s refusal to allow relief is contrary to established precedent.
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Judges uphold IATC’s issuance of alcohol dealer permits

March 3, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner it has for the last 30 years.
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Porter County can't leave RDA

March 2, 2011
Jennifer Nelson
A northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate economic development, the Indiana Court of Appeals held Wednesday.
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Court weighs needs when timing judicial suspensions

March 2, 2011
Michael Hoskins
When deciding that a judge must be suspended and determining when that time off the bench should be, decision-makers must maintain a delicate balance.
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Disciplinary dividing line = R-E-S-P-E-C-T

March 2, 2011
Michael Hoskins
Two recent rulings by the Indiana Supreme Court send a message to any attorney who might be accused of misconduct and face disciplinary proceedings.
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COA adopts common-sense rule on providing insurance policies

March 1, 2011
Michael Hoskins
The Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.
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Indianapolis attorney chosen as new magistrate judge

March 1, 2011
Michael Hoskins
An Indianapolis employment law attorney has been chosen as the newest U.S. magistrate judge for the Southern District of Indiana.
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First impression case tackles wetlands issue

February 28, 2011
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
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Walkout creates uncertainty in House

February 25, 2011
Jennifer Nelson
It’s been a controversial week at the Indiana General Assembly with the walkout by many Democrats in the House of Representatives killing several bills in their current forms as legislative deadlines hit.
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Court divided on purchase agreement termination

February 24, 2011
Jennifer Nelson
The judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.
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COA: Summons should notify of risk of default judgment

February 24, 2011
Jennifer Nelson
Due process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution, ruling it was void because the summons served on the wife was insufficient.
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Judges analyze 'use' of body armor for first time

February 24, 2011
Jennifer Nelson
The Indiana Court of Appeals interpreted the elements of unlawful use of body armor for the first time in a defendant’s appeal of his convictions following his attempt to flee from police.
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COA divided on noncompete agreement, injunction

February 23, 2011
Jennifer Nelson
Even though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
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COA discusses vouching testimony in child molesting trials

February 22, 2011
Jennifer Nelson
The Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.
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7th Circuit agrees crack cocaine offender's sentence can't be reduced

February 22, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals addressed an issue involving crack cocaine sentencing Tuesday – whether a defendant sentenced under the career offender guideline, but with a downward departure for substantial assistance, is eligible for a sentence reduction under 18 U.S.C. Section 3582(c)(2).
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SCOTUS denies one Indiana case, sidesteps others for now

February 22, 2011
Michael Hoskins
The Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than a month ago addressing vehicular flight.
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Judges reverse summary judgment for agent, partner

February 21, 2011
Jennifer Nelson
A case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question without the aid of previous interpretations because of a lack of previous caselaw interpreting them.
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Religious-worship burglary enhancement doesn’t violate constitutions

February 21, 2011
Jennifer Nelson
The Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
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Judges address first impression issue on attorney fees

February 18, 2011
Jennifer Nelson
For the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
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Judge affirms retaining charges but finds criminal prosecution unjust

February 18, 2011
Jennifer Nelson
An Indiana Court of Appeals judge expressed concern that a woman’s criminal case may be affected by her admittance of violating several city ordinances after her dogs attacked two people.
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Book focuses on state's justices

February 18, 2011
IL Staff
Indiana Supreme Court history buffs have a new book to read. The Indiana Historical Society Press has published “Justices of the Indiana Supreme Court,” which explores the lives of the state’s 106 justices.
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Justices adopt COA adoption holding, invite attorney fee motions

February 17, 2011
Michael Hoskins
The Indiana Supreme Court has granted transfer on a St. Joseph County adoption case and fully adopted a holding by the state’s intermediate appellate court. In doing so, the state justices invited the prevailing biological mother to request attorney fees because of what it found to be possible frivolous or bad faith efforts.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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