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Welcoming the new tax judge

March 16, 2011
IL Staff
Martha Blood Wentworth took her oath of office and received her robe at an investiture ceremony March 8.
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3 Indiana law schools ranked in top 80

March 15, 2011
Rebecca Berfanger
Two Indiana law schools have again been ranked in the top 25 law schools on U.S. News & World Report’s annual list of top graduate schools.
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Judges split on whether 2 insurers must pay for damage

March 15, 2011
Jennifer Nelson
An Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of the responsible party’s insurers had to pay for the property damage.
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High court takes 4 cases

March 15, 2011
IL Staff
The Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert exemptions in garnishment actions on behalf of pro se debtors.
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7th Circuit reverses on relation back issue

March 14, 2011
Jennifer Nelson
A plaintiff attempting to sue his employer for breach of contract should have been able to file an amended complaint with relation back to the date of the original complaint in order to correct the defendant even though the statute of limitations had expired, the 7th Circuit Court of Appeals concluded today.
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Judges affirm insurer has no duty to defend

March 14, 2011
Jennifer Nelson
The Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.
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Appeals court to hear arguments at Indy high school

March 14, 2011
IL Staff
The Indiana Court of Appeals will visit Pike High School in Indianapolis this week to hear arguments in a case in which a man appeals his drug dealing conviction.
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High court taking applications for state public defender

March 11, 2011
IL Staff
The Indiana Supreme Court is now accepting applications for state public defender. The current state public defender, Susan Carpenter, is retiring in May.
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7th Circuit takes girls' basketball schedule case

March 11, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals will decide whether several Indiana school corporations discriminate against girls’ basketball teams by scheduling more of their games on weeknights as compared to the boys’ basketball games.
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Trial court should decide educational credit time

March 11, 2011
Jennifer Nelson
A trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
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Attorney general files 'notario publico' civil suits

March 10, 2011
Michael Hoskins
The Indiana Attorney General’s Office filed a pair of civil consumer deception lawsuits Wednesday against two non-attorneys for offering immigration services that constitute the unauthorized practice of law.
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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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IU Indy to host environment, energy event

March 10, 2011
IL Staff
The forum, “National Energy Security: Challenges and Opportunities for the Midwest” at Indiana University School of Law – Indianapolis March 25 brings together state leaders, entrepreneurs, and experts to discuss energy security. The event is open to the public and also offers CLE credit.
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Judges order new trial following juror issue

March 9, 2011
Jennifer Nelson
A case involving the issue of a prosecutor’s use of a peremptory strike against an African-American member of the jury pool has appeared before the 7th Circuit Court of Appeals for the third time. This time, the judges vacated the two defendants’ murder and robbery convictions and ordered a new trial.
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COA: Admission of prior convictions fundamental error

March 9, 2011
Jennifer Nelson
The Indiana Court of Appeals ordered a new trial for a sex offender convicted of failing to register while having a prior conviction. The court ruled the evidence regarding his prior convictions for failing to register shouldn’t have been admitted at trial.
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Trustee: Pastrick's bankruptcy not an abuse

March 8, 2011
Michael Hoskins
Reversing her decision from a month ago, a federal trustee has determined that former East Chicago Mayor Robert Pastrick’s income is not too high to qualify for Chapter 7 bankruptcy and his filing should not be considered to be an abuse of the process.
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COA reverses marijuana conviction based on intent

March 8, 2011
Rebecca Berfanger
The majority of an Indiana Court of Appeals panel today reversed a conviction of marijuana possession after the defendant contended there was insufficient evidence that she constructively possessed the drug.
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AG offers loan repayment assistance

March 8, 2011
Rebecca Berfanger
Applications for the John R. Justice Student Loan Repayment Program are due March 31 to the Office of the Indiana Attorney General.
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Judges uphold man's remanded drug sentence

March 7, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that the District Court violated the cross-appeal rule when it based his new sentence on remand on evidence that wasn’t relied upon at his first sentencing hearing.
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Johnson County Historical Society gets legal history grant

March 7, 2011
IL Staff
The Johnson County Historical Society has been awarded an Indiana Legal History Grant by the Indiana Humanities Council and the Indiana Supreme Court, the council announced today. The $2,000 award will fund projects and research to increase the understanding of the legal history of the county among those served by the county courts.
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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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Brizzi discipline case could set new prejudice standard

March 4, 2011
Michael Hoskins
The Indiana Supreme Court’s Disciplinary Commission wants to set a new standard of “actual prejudice” for attorney misconduct. In making that argument, the validity of two high-profile murder convictions that Carl Brizzi secured during his time as prosecutor in the state’s largest county are being questioned.
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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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House Republicans vote to fine absent Democrats

March 3, 2011
Jennifer Nelson
The Indiana House Republicans passed a motion Thursday fining the Democrats who fled to Illinois last week $250 a day until a quorum is present.
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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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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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