Justices/Judges
UPDATE: Hamilton Superior judge surprised by case resolution
April 19, 2011
Michael HoskinsIn 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.
MoreHamilton County judge pleads guilty to reckless driving
April 19, 2011
Michael HoskinsLongtime 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.
MoreJudge argues state must prove actual endangerment
April 18, 2011
Jennifer NelsonThe 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.
MoreCourt splits on standard used to modify custody
April 14, 2011
Jennifer NelsonEven 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.
MoreJudges discuss fundamental error, ineffective trial counsel assistance
April 14, 2011
Jennifer NelsonFundamental 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.
MoreCOA: Attorney entitled to lien on former client's file
April 13, 2011
Jennifer NelsonAn 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.
MoreJudges affirm retroactive application of amendments to blood draw statute
April 13, 2011
Jennifer NelsonApplying 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.
MoreJudges disagree on whether landowners are 'aggrieved'
April 12, 2011
Michael HoskinsJurists 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.
MoreKimbrough Bar Association to honor state's African-American judges
April 12, 2011
IL StaffThe James C. Kimbrough Bar Association will salute Indiana’s African-American members of the judiciary on April 21.
MoreState responsible for costs in relocating Medicaid patients
April 11, 2011
Jennifer NelsonIndiana 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.
MoreJudges divided on calculation of damages after negligence
April 7, 2011
Jennifer NelsonThe 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.
MoreCourt tackles 'sexual activity' meaning in statute
April 7, 2011
Jennifer NelsonThe 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.
MoreJudges affirm denial of post-conviction relief
April 6, 2011
Jennifer NelsonThe 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.
MoreJudge dismisses civil forfeiture suit against state prosecutors
April 6, 2011
Michael HoskinsA 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.
MoreFederalist Society to host national ethics expert for lecture
April 5, 2011
IL StaffEdward 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.
MoreCOA reverses judgment in title insurance issue
April 4, 2011
Jennifer NelsonThe 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.
MoreLegal analysts use media to educate public about issues
March 30, 2011
Rebecca BerfangerLawyers 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.
MoreAppellate court affirms arbitration on claims against college
March 29, 2011
Michael HoskinsWith 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.
More4 Indiana justices testify on state budget
March 29, 2011
Michael HoskinsFour of the Indiana Supreme Court justices testified before the Senate Appropriations Committee Monday night, talking to lawmakers
specifically about the need for an appellate case management system, more funding for public defense, and continued fairness
in how judicial officers and prosecutors are paid throughout the state.
More7th Circuit upholds tax, fraud conviction against attorney, wife
March 28, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has upheld the finding that a Brownsburg attorney and his wife fraudulently withheld their
2001 income from the Internal Revenue Service through an elaborate shell game.
MoreCOA: Township not required to pay for private school shuttle
March 28, 2011
Jennifer NelsonA school township in Marion County isn’t legally required to transport nonpublic school students to their private schools,
the Indiana Court of Appeals affirmed.
MoreJudges split on child support modification
March 25, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism
over fairness and legalism over common sense.”
MoreCOA: State didn't meet burden for probation revocation
March 23, 2011
Jennifer NelsonThe Indiana Court of Appeals has held – with a few exceptions – that a trial court may revoke probation for not
satisfying a financial obligation only if the state proves by a preponderance of the evidence there is less than full payment
and the probationer submitted that smaller payment recklessly, knowingly, or intentionally.
MoreCOA upholds convictions of man who planned to kill attorney, judge, ex-wife
March 22, 2011
Jenny MontgomeryThe Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney,
and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the
conviction.
MoreJudges reverse dismissal of workers' compensation claim
March 21, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed the dismissal of a workers’ compensation claim, finding the worker’s deposition
testimony didn’t support the Indiana Worker’s Compensation Board’s finding that he admitted his condition
stemmed from a single incident.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.