Latest News

Tax judge shoots down 'Al Capone' approach

August 22, 2011
Michael Hoskins
In a blow to the Indiana attorney general’s office, the state’s tax judge has shot down a legal theory that used jeopardy tax assessments to go after a purported puppy mill in Harrison County.
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Supreme Court accepts 5 transfers

August 22, 2011
The Indiana Supreme Court has taken five cases on transfer, including one that presents two issues of first impression on prejudgment interest.
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Court divided over consent to 5-person jury

August 22, 2011
Jennifer Nelson
A panel of Indiana Court of Appeals judges split on the issue of whether a defendant agreed to allow a five-member jury to decide her case after one juror fell ill, with the dissenting judge believing the defendant – not her counsel – must consent to the five-person jury.
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Victim's statements to nurse allowed, but judges reverse convictions

August 22, 2011
Jennifer Nelson
The Indiana Court of Appeals concluded that a victim’s statements detailing her physical attack and identifying her attacker were admissible in court and were nontestimonial, so the defendant’s confrontation rights weren’t violated. However, the judges reversed the man’s convictions because the trial court shouldn’t have admitted prior misconduct evidence involving the defendant and the victim.
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Committees discuss trafficking, sex crimes, child protection

August 19, 2011
Michael Hoskins
A tougher state law for human and child trafficking was a key topic on this week’s legislative interim study committees agendas. With the Super Bowl less than six months away, the Indiana attorney general’s office is pushing for prompt action.
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DCS announces new foster care reimbursement rates

August 19, 2011
Following a lawsuit filed by foster parents after the Indiana Department of Child Services announced in 2009 that it was going to decrease the foster care per diem by 10 percent, the department announced Friday that it has come up with new reimbursement rates beginning Jan. 1, 2012.
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Tax Court rules in brewery's favor

August 19, 2011
Jennifer Nelson
Ruling on an issue that previously has come before the Indiana Tax Court, Senior Judge Thomas Fisher has upheld that sales to Indiana customers who hired common carriers to pick up alcohol at an Ohio facility shouldn’t have been included in the sales factor of Miller Brewing Co.’s adjusted gross income tax and supplemental net income tax.
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Judges uphold theft charge against man

August 19, 2011
Jennifer Nelson
On interlocutory appeal, the Indiana Court of Appeals affirmed the denial of a man’s motion to dismiss his theft charge in Jay County because he caused the delay in the case by absconding. The case brought up the issue of whether knowledge by jail officials on the whereabouts of the defendant can mean that the judge and prosecutor were sufficiently notified.
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Ice Miller to merge with Ohio firm

August 19, 2011
Jennifer Nelson
Indianapolis-based Ice Miller announced Friday that it is combining with a law firm out of Columbus, Ohio. The merger with Schottenstein Zox & Dunn Co. will be effective at the first of the year and the newly created firm will retain the Ice Miller moniker.
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Clerk of Court for Northern District retiring

August 18, 2011
Michael Hoskins
The longtime clerk for the Northern District of Indiana is retiring at the end of the year, and those interested in filling that vacancy have nearly a month to apply for the federal court position.
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Damage cap limits state's potential losses from concert tragedy

August 18, 2011
Scott Olson
Total damages the Indiana State Fair could pay victims of last Saturday's concert tragedy would be capped at $5 million—an amount personal-injury lawyers say is far too low for the injuries and deaths involved.
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Steuben County joins Odyssey

August 18, 2011
IL Staff
Indiana Supreme Court Justice Frank Sullivan Jr. will join judges and the clerk of Steuben County on August 22 to demonstrate Odyssey, a new case management system.
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COA reverses trial court on Kroger building proposal

August 18, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that the Town of Plainfield Plan Commission must provide The Kroger Co. with specific reasons its building plan was denied or allow Kroger to build a gas station as planned.
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Lawyer jailed on meth charges

August 17, 2011
Jenny Montgomery
A Southern Indiana attorney is in Harrison County Jail on drug charges.
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Judges reverse teen’s adjudication for school absences, tardies

August 17, 2011
Jennifer Nelson
The state didn’t show that a teenager was in need of care, treatment, or rehabilitation regarding school attendance, so his adjudication as a delinquent child for missing school should be reversed, ruled the Indiana Court of Appeals.
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Legislators to look at sex offenses, reporting laws in wake of Anthony trial

August 17, 2011
IL Staff
The Criminal Code Evaluation Commission is meeting Thursday morning to discuss sex crimes and sex offenders, and other issues, according to its revised meeting agenda. Later that day, the Criminal Law and Sentencing Policy Study Committee is going to take a look at Indiana’s laws regarding reporting a dead body or missing child.
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Foundation in memory of attorney hosting golf fundraiser

August 17, 2011
IL Staff
Christ is my Big C, a charitable foundation started by attorney Stephenie Jocham to help cancer patients, is seeking sponsorships, foursomes, and silent auction items for an Oct. 17 golf tournament.
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Federal appeals court examines disputed telephone charges

August 16, 2011
Michael Hoskins
Writing for a unanimous 7th Circuit Court of Appeals panel, U.S. Judge David Hamilton authored an opinion Tuesday full of what he calls “telephonese.” The opinion delves into a small business’s disputed phone bill charges and how those matters are governed by state and common law.
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COA rules paying penalty doesn't nullify appeal

August 16, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled on an issue that has not directly been addressed by statute or caselaw, holding that paying a civil penalty to stop a tax sale of property doesn’t cancel out an appeal questioning that assessment’s validity.
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COA sides with Live Nation in naming dispute

August 16, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed the trial court’s dismissal of the Murat Temple Association’s claim that Live Nation Worldwide violated terms of its lease agreement.
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New disciplinary commission members named

August 16, 2011
IL Staff
The Indiana Supreme Court has appointed three new members to the Disciplinary Commission. Trent A. McCain of Merrillville, Andi M. Metzel of Indianapolis, and Nancy Cross of Carmel will each serve a five-year term. They replace Tony Zappia of South Bend, J. Mark Robinson of New Albany, and Sally Zweig of Indianapolis.
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7th Circuit upholds denial of class action, statutory damages

August 16, 2011
Jennifer Nelson
In an appeal of the denial of a proposed class-action lawsuit based on the finding the attorney was inadequate to represent the class, the 7th Circuit Court of Appeals noted that the attorney’s demeanor on appeal didn’t help his cause.
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Appeals court: Federal judge should decide on state law claims

August 15, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has sent a case back to an Indianapolis judge, saying she didn’t properly weigh whether the case should be prolonged on remand to Hamilton Superior Court instead of her deciding on the issues that have already been fleshed out in federal court during the past year and a half.
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Court could find juvenile must register as sex offender

August 15, 2011
Jennifer Nelson
A Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years, the Indiana Court of Appeals held Monday.
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Judge reduces death sentences to life without parole

August 15, 2011
Michael Hoskins
If he’d had the ability more than three years ago to factor in a jury’s deadlocked view on the death penalty, a southern Indiana judge says he would have imposed life without parole rather than the death penalty for a man convicted of triple murder.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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