Justices/Judges

COA: Tractor sale contract not enforceable

May 19, 2011
Michael Hoskins
The Indiana Court of Appeals says it’s against public policy to uphold any civil contract that’s based on an illegal action, and so the court says it won’t create a rule allowing that transaction agreement to be enforced.
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Justices decide golf ball injury case

May 19, 2011
Michael Hoskins
Taking a swing at an issue of first impression, the Indiana Supreme Court has ruled on a golf ball injury case and rejected the concept that a sporting event participant owes no duty of care to protect others from inherent risks of the sport in all situations.
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Justices suspend former judge for misconduct

May 19, 2011
Michael Hoskins
The Indiana Supreme Court has suspended a northwest Indiana attorney for helping a litigant whose cases he’d presided over more than a decade ago when he was a Jasper Superior judge.
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High court rules man could be retried

May 18, 2011
Jennifer Nelson
The Double Jeopardy Clause of the U.S. Constitution doesn’t prevent the state from retrying a man who was acquitted by a jury in the murder of one person, but in which the jury couldn’t return a verdict on the defendant's attempted murder charge of another man, the Indiana Supreme Court held Wednesday.
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Judges split on mortgage issue

May 17, 2011
Jennifer Nelson
In a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to whether the mortgagee on record had an enforceable right under a mortgage.
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Supreme Court receives threats after ruling

May 17, 2011
Jennifer Nelson
The Indiana Supreme Court has received threatening calls and emails following a ruling last week in which the high court said Hoosiers can’t resist unlawful entry into their homes by police.
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DOC drops kosher meal appeal

May 16, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has granted the Indiana Department of Correction and other appellants’ motion to dismiss their appeal of a case in which a federal judge found the DOC violated prisoners’ rights by denying kosher meals.
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Perry County only preferred venue for wage suit

May 12, 2011
Jennifer Nelson
In an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed by the Commissioner of Labor under the act.
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Justice: Ruling lets government agents enter homes illegally

May 12, 2011
Jennifer Nelson
Two Indiana Supreme Court justices dissented from their colleagues in a case involving the right to resist unlawful police entry into a home, with one justice writing that he believes the majority is “essentially telling Indiana citizens that government agents may now enter their homes illegally.”
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Justices divided on whether case should be before Tax Court

May 12, 2011
Jennifer Nelson
The Indiana Supreme Court split Thursday on whether the attorney general’s attempt to recover an erroneously issued “tax refund” to a company should proceed in state court or in the Indiana Tax Court.
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Planned Parenthood's request for restraining order denied

May 11, 2011
Jennifer Nelson
Judge Tanya Walton-Pratt has denied Planned Parenthood of Indiana's request for a temporary restraining order barring the enforcement of a law signed by Gov. Mitch Daniels on Tuesday.
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Judge David Dreyer: Law is about people, emotion and allRestricted Content

May 11, 2011
David Dreyer
My daughter lives in Oregon but she never calls. But the other night she did text. Of course I did not find it until later, and it simply reported in plain terms the largest historical event of her young adult life. No glee, no joy, just a simple statement about what happened in Pakistan. But I have not been able to stop thinking what made it so important to contact her parents.
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Justices rule on 'no-knock' warrant executions

May 10, 2011
Jennifer Nelson
The Indiana Constitution doesn’t require prior judicial authorization for a “no-knock” execution of a warrant when justified by exigent circumstances, the Indiana Supreme Court held Tuesday. This is the case even if those circumstances are known by police when the warrant is obtained.
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COA affirms remanded sentence

May 9, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other convictions.
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Judge rules against former deputy in Taser suit

May 9, 2011
Jennifer Nelson
A federal judge has ruled in favor of the Hamilton County sheriff and other officials in a former employee’s lawsuit filed after the employee was fired for refusing to be shocked by a Taser as part of a training session.
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Judges order modification of dissolution decree

May 5, 2011
Jennifer Nelson
The Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in value of a property when calculating marital assets and distributing marital property.
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Chief Justice given Circle of Hope Award

May 5, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard received the Richard M. Fairbanks Circle of Hope Award Wednesday in Indianapolis. He received the award at the 10th annual Fairbanks Circle of Hope Dinner.
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Beech Grove City judge publicly admonished

May 5, 2011
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has publicly admonished Beech Grove City Court Judge Charles W. Hunter for comments he made last year to an Indianapolis television reporter.
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Landlord sent itemized letter on time

May 4, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.
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7th Circuit addresses sex offender registration law

May 3, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has joined a majority of other circuits nationwide in finding that the federal sex offender registration law is not a retroactive punishment on those who were convicted prior to 2006 and traveled after the law was enacted.
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SCOTUS denies cert, upholding Indiana's judicial canons

May 2, 2011
Michael Hoskins
It’s official: Indiana’s judicial canons are constitutional and the rules don’t infringe upon a judge or candidate’s free speech rights.
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Pinched nerve causes chief justice to miss arguments, Evansville event

May 2, 2011
Jennifer Nelson
Indiana Supreme Court Chief Justice Randall T. Shepard is dealing with a painful pinched nerve in his neck but is working on managing the pain and has not been hospitalized as a result of the condition, said Supreme Court Public Information Officer Kathryn Dolan.
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SCOTUS denies Indiana judicial canons case

May 2, 2011
Michael Hoskins
The Supreme Court of the United States has refused to take a case asking whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
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COA rules on unjust enrichment issue for first time

April 29, 2011
Jennifer Nelson
For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent with the contract.
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First impression issue on 'in loco parentis' doctrine

April 29, 2011
Jennifer Nelson
Until Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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