Justices/Judges

Attorney general appealing Planned Parenthood decision

June 29, 2011
IL Staff
Indiana Attorney General Greg Zoeller has filed a notice of appeal regarding the recent decision by U.S. Judge Tanya Walton Pratt to halt enforcement of a new law which withholds funding from abortion providers.
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Justices reduce molester's sentence to 110 years

June 28, 2011
Jennifer Nelson
The Indiana Supreme Court found that an enhanced sentence for a man convicted of nine counts of molesting his girlfriend’s young daughter is warranted, but reduced the man’s 324-year sentence to 110 years.
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Court of Appeals dismisses termination-order appeal

June 28, 2011
Jennifer Nelson
Because the parents of six children who were removed from their home did not timely initiate the appeal of termination of their parental rights, the Indiana Court of Appeals dismissed their appeal.
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Appellate court divided over trust liability

June 27, 2011
Jennifer Nelson
The Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory damages and attorney fees.
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Judges halt enforcement of challenged laws

June 27, 2011
Jennifer Nelson
Two federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration and funding of Planned Parenthood of Indiana from being enforced.
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COA splits on reversing convictions for Batson violation

June 22, 2011
Jennifer Nelson
A divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon, finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful discrimination.
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Justices uphold admitting juvenile's confession

June 22, 2011
Jennifer Nelson
The Indiana Supreme Court has found that a juvenile court didn’t err in admitting a teen’s confession, finding the boy was given the opportunity for meaningful consultation with his mother and that he knowingly waived his rights. The justices did also emphasize that the waiver used should be altered to make it more clear.
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Southern District magistrate up for reappointment

June 22, 2011
IL Staff
The U.S. District Court for the Southern District of Indiana is seeking comment as to whether Magistrate Judge William G. Hussmann Jr. should be recommended for reappointment. The current term of Magistrate Hussmann, who works in the Evansville Division, expires April 3, 2012.
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A century of Indiana lawyers

June 22, 2011
Michael Hoskins
Patrick Myers Sullivan became one of the state’s newest attorneys this spring, and in doing so a fourth consecutive generation in his family entered the legal profession.
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Judges, prosecutors to get pay raises

June 16, 2011
Jennifer Nelson
Indiana Supreme Court Chief Justice Randall T. Shepard has approved a 1.3 percent pay increase for judges and prosecutors.
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Appellate court upholds motion to suppress after traffic stop

June 14, 2011
Jennifer Nelson
The Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop a driver believed to be intoxicated.
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7th Circuit dismisses law suit over bar exam

June 13, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has dismissed an Indiana man’s suit in which he claims he should be able to sit for the bar exam even if he didn’t go to law school. The federal appellate court dismissed it for failure to timely pay the required docketing fee.
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COA reverses worker's comp board on prescription drug denial

June 13, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed a finding by the state Worker’s Compensation Board that a woman’s employer isn’t responsible for providing a specific prescription drug to her, noting that the board only focused on one possible reason why the drug is prescribed.
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Man’s Sixth Amendment right not violated

June 8, 2011
Jennifer Nelson
The failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday. However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.
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COA: Statute of repose doesn't bar woman's complaint

June 8, 2011
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals concluded that a woman’s negligence complaint isn’t barred by a statute of repose.
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Touched by controversy

June 8, 2011
Michael Hoskins
In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.
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Justices rule: No right to resist

June 8, 2011
Michael Hoskins
The Indiana Supreme Court caught many people off guard when it abolished the common law right of citizens to reasonably resist police from entering their homes, no matter the situation and regardless of whether the entry is legal.
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New judicial selection battle ahead?

June 8, 2011
Michael Hoskins
Indiana may soon see its next battle over how the state’s top judges are selected.
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State trooper sues after incident with city officer

June 6, 2011
Jennifer Nelson
The Indiana State Police detective involved in a physical confrontation with an Indianapolis Metropolitan Police deputy chief in August 2010 in the deputy chief’s office has filed a lawsuit claiming false arrest and assault and battery.
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COA: man doesn't have to testify for self-defense instruction

June 2, 2011
Jennifer Nelson
The Indiana Court of Appeals ordered a new trial for a man convicted of murder because the trial court erred by refusing to instruct the jury on self-defense without the defendant’s testimony.
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High court splits on molestation conviction

June 1, 2011
Jennifer Nelson
The Indiana Supreme Court was divided Wednesday in an opinion regarding whether a man could be charged with Class C felony child molesting 16 years after he last molested his stepniece.
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Appellate court addresses parental privilege in 2 opinions

May 31, 2011
Jennifer Nelson
In two cases involving the parental privilege defense, the Indiana Court of Appeals ruled in favor of a teacher who “flicked” a special education student’s tongue and against a father hit his daughter numerous times with a belt.
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Hamilton County judge receives public reprimand

May 27, 2011
Michael Hoskins
The Indiana Supreme Court issued a public reprimand against Hamilton Superior Judge William J. Hughes, the disciplinary sanction stemming from an out-of-state drunk driving arrest.
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Justices rule on first impression issue involving sentence modification

May 26, 2011
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Thursday afternoon in which the justices found the trial judges involved erred in modifying the defendants’ sentences from Class D felonies to Class A misdemeanors.
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Insurer not entitled to rescind home insurance policy

May 26, 2011
Jennifer Nelson
The failure to disclose true value in a real estate insurance context doesn’t give rise to a rescission claim, the Indiana Court of Appeals held in a case of first impression.
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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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