January 8, 2009
Jennifer NelsonAnyone who danced in the past three years at one Indianapolis strip club embroiled in a lawsuit over minimum wage may be able
to collect on unpaid wages, ruled a District Court judge Wednesday.
More
January 7, 2009
Michael HoskinsA national business group and several state associations want the Indiana Supreme Court to take a case that could impact judicial
review of state administrative agency rules, particularly those that may be outside an agency's authority to address.
More
January 7, 2009
IL StaffThe public is invited to attend a reception honoring Fulton Circuit Judge Douglas B. Morton as he retires from the bench.
More
January 6, 2009
IL StaffThe Indiana Court of Appeals has announced plans to webcast most oral arguments in the Court of Appeals courtroom in the Statehouse.
More
January 6, 2009
Michael HoskinsAn Indiana Court of Appeals expansion, executing the mentally ill, and how judges find representation in mandate litigation
are just a few proposals already on tap for the General Assembly to consider this session.
More
January 6, 2009
Michael HoskinsThe Indiana Supreme Court has ended a disciplinary action against a former LaPorte Superior judge who'd served in senior
capacity for three years because that jurist has retired and will no longer practice law.
More
January 6, 2009
Jennifer MehalikA District Court judge today granted summary judgment in favor of a convenience store company that was being sued by a transgender
employee for sex discrimination after she was fired.
More
January 5, 2009
Jennifer MehalikThe 7th Circuit Court of Appeals vacated today a man's sentence following a guilty plea on a child pornography charge
because it was unsure whether his previous conviction in Indiana for sexual misconduct with a minor should be considered abusive
and allow for his minimum sentence to be increased.
More
January 5, 2009
Jennifer MehalikThe Indiana Supreme Court justices were split in their decision issued Dec. 31 on whether a defendant's state and federal
constitutional rights were violated when police questioned him about weapons and drugs after he was pulled over for a traffic
violation.
More
January 5, 2009
Jennifer MehalikThe Indiana Court of Appeals reversed a woman's conviction of misdemeanor assisting a criminal Jan. 2 because the state
failed to define "fugitive from justice" and prove the criminal was charged with an offense in another state and
fled to Indiana.
More
January 5, 2009
Rebecca BerfangerPresident-elect Barack Obama announced today an Indiana University Maurer School of Law - Bloomington professor will be among
those he appoints to the U.S. Department of Justice.
More
January 1, 2009
Michael HoskinsThe Indiana State Bar Association wants the state's highest court to define the term "costs and expenses" as it's never done
before, and in doing so order a company being prosecuted for the Unauthorized Practice of Law to have to pay those fees and
disgorge any profits it shouldn't have made in the first place.Hearing arguments today in State of Indiana, Ex. Rel. Indiana
State Bar Association v. United Financial Systems Corp., No. 84S00-0810-MS-551, justices considered an issue of first...
More
January 1, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals is sending the denial of a defendant's motion for a sentence reduction back to the District
Court because the Circuit Court needs more than the one-sentence explanation given by the lower court. U.S. District Court
Judge Larry J. McKinney of the Southern District of Indiana, Indianapolis Division, denied Kelvin Marion's motion to reduce
his sentence under Section 3582(c)(2) on a form order that simply said "As directed by 18 U.S.C. § 3581(c)(2) the Court...
More
January 1, 2009
Michael HoskinsThe full U.S. Senate will hold a roll call vote at 2:30 p.m. Thursday on an Indianapolis judge's controversial nomination,
deciding whether U.S. Judge David F. Hamilton will move up to the 7th Circuit Court of Appeals.Eight months after President
Barack Obama chose him, and five months after getting through the Senate Judiciary Committee on a partisan vote, Judge Hamilton
will learn whether he'll be elevated to the appellate bench from the Southern District of Indiana, Indianapolis Division,
where he currently...
More
January 1, 2009
Michael HoskinsAn environmental group is withdrawing its federal lawsuit alleging clean air violations at a BP plant in Whiting.In the case
of Natural Resources Defense Council v. BP Products North America, No. 2:08-CV-204, the New York-based environmental organization
filed a stipulation for voluntary dismissal with prejudice against the plant.The NRDC had filed the suit in July 2008, claiming
the gas company was violating the Clean Air Act by operating under an air permit it believed allowed too much air pollution.
The suit...
More
January 1, 2009
Michael HoskinsThe U.S. Senate Judiciary Committee next week plans to consider an Indianapolis federal judge's nomination for the 7th Circuit
Court of Appeals in Chicago.A hearing on U.S. District Judge David F. Hamilton's nomination for the appellate seat is set
for 2:30 p.m. April 1 in Washington, D.C., according to an agenda posted online today. The hearing will be webcast live.
An assistant attorney general nominee for the Department of Justice is also scheduled to be considered at that hearing.President
Barack Obama nominated...
More
January 1, 2009
Jennifer NelsonAdd foster and adoptive parents to the list of people unhappy with the Indiana Department of Child Services for making rate
cuts in 2010. Some of those parents filed a class action suit Tuesday in federal court against DCS director James W. Payne
in hopes of preventing the cuts. The foster and adoptive parents are unhappy about a 10 percent cut in all current foster
care rates and adoption payments beginning January 2010. The parents received a letter from DCS...
More
January 1, 2009
IL StaffThe Indiana Supreme Court is seeking comment on potential changes to the Indiana Professional Conduct Rules, Rules of Appellate
Procedure, and Trial Rules. The court's Committee on Rules of Practice and Procedure is considering recommending to the high
court changes to Professional Conduct Rules 7.2, 7.3, 7.4, and 7.5, which deal with lawyer advertising, recommendations or
solicitations of professional employment, and communication of specialty practice; Rules of Appellate Procedure 14, 18, 39,
41, 46, 49, and 50, which include interlocutory...
More
January 1, 2009
IL StaffA professor at Indiana University Maurer School of Law in Bloomington was in Washington, D.C., Thursday to testify before
the House Judiciary Committee's Subcommitee on Courts and Competition.Professor and judicial ethics expert Charles G. Geyh
told the committee that the U.S. Supreme Court's decision in Caperton v. A.T. Massey serves as a wake-up call to state and
federal courts to begin taking judicial disqualifications more seriously. Geyh gave a general outlook on judicial disqualification,
noting the challenges in having sitting...
More
January 1, 2009
Jennifer NelsonThe Jefferson Superior and Circuit courts have relocated in Madison and are working to get their offices up and running to
handle emergency matters. The courts were forced out of the Jefferson County Courthouse after a fire May 20. Circuit Court
has moved to the Venture Out business center at 875 Industrial Dr. on the hill in Madison. Circuit Judge Ted Todd said the
court is still trying to set up and is using folding tables and chairs until they can...
More
January 1, 2009
Michael HoskinsU.S. District Judge Allen Sharp in the Northern District of Indiana died at his home Friday, ending more than 30 years on
the federal bench. He was 77. A notice of his death was posted on the Northern District of Indiana's Web site Friday.
Appointed to the federal bench Oct. 11, 1973, by President Richard Nixon, Judge Sharp took the bench that following month
and served until taking senior status in November 2007. He was the fourth longest-serving active District judge in...
More
January 1, 2009
Jennifer NelsonA panel of the Indiana Court of Appeals used an opinion today to highlight what it considered a "serious deficiency" in the
statutes for the treatment of developmentally disabled and mentally ill people in the state's criminal courts. "Simply said,
the Indiana statutory framework allows courts to recognize the mental illness of a criminal defendant only in terms of guilt
for the crime alleged, rather than as a condition that prevents the defendant's ability to form a punishable intention to...
More
January 1, 2009
Michael HoskinsThe state's 4-year-old voter identification law is unconstitutional, the Indiana Court of Appeals has ruled. Finding that
the statute regulates voters in a manner that's not uniform and impartial, a unanimous appellate panel has reversed and remanded
a Marion Superior judge's decision and declared the statute void. The decision comes in League of Women Voters of Indiana
and League of Women Voters of Indianapolis v. Todd Rokita, No. 49A02-0901-CV-40.This story will be updated.
More
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.