Latest News

7th Circuit won't stay ruling, despite likely SCOTUS appeal

May 28, 2010
Michael Hoskins
The 7th Circuit Court of Appeals won’t stay its ruling that allows an independent state agency access to records about mentally ill inmates’ treatment, even though the Indiana government agency being sued is appealing to the Supreme Court of the United States.
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COA: Breathalyzer certificate is not testimonial

May 28, 2010
Rebecca Berfanger
For the first time since the Supreme Court of the United States’ 2009 ruling that found a defendant had a Sixth Amendment right to confront the analysts who prepared lab certificates certifying the defendant had cocaine, the Indiana Court of Appeals ruled that a trial court did not violate the defendant’s right to confrontation by allowing the inspection certificate for a breathalyzer into evidence, even though the certifier of the equipment did not testify at trial.
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Justices vacate transfer grant, reinstate COA ruling

May 27, 2010
Michael Hoskins
The Indiana Supreme Court has decided to not consider a case that justices had granted transfer on late last year, reinstating a lower appellate court’s ruling that a trial judge had abused her discretion in admitting a blood test in a drunken driving case.
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Anderson attorney resigns following child porn charges

May 26, 2010
Michael Hoskins
The Indiana Supreme Court has accepted the resignation of an Anderson attorney who faces federal criminal charges for possession and distribution of child pornography.
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Supreme Court analyzes appellate review rule on sentences

May 25, 2010
Addressing an issue that’s divided the state’s intermediate appeals judges, the Indiana Supreme Court has held that review under Appellate Rule 7 may include consideration of a person’s total penal consequences within a trial court sentence.
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Search begins for new Supreme Court justice

May 25, 2010
Michael Hoskins
For the first time in more than a decade, Indiana’s Supreme Court will find itself searching for a new justice.
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BREAKING: Justice Boehm stepping down

May 25, 2010
Michael Hoskins
Indiana Supreme Court Justice Theodore R. Boehm announced today that he is retiring from the state’s highest court on Sept. 30, 2010.
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Sexually violent predator petitions must be refiled

May 24, 2010
Jennifer Nelson
The status as a sexually violent predator for two inmates stands for now, but the Indiana Court of Appeals directed the men to refile their motions to remove that status pursuant to the recently amended statute dealing with this issue.
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ISBA receives award for juvenile justice summit

May 21, 2010
Rebecca Berfanger
The Indiana State Bar Association has learned it will receive the LexisNexis 2010 Community and Educational Outreach Award for the “Summit on Racial Disparities in the Juvenile Justice System: A Statewide Dialogue,” which took place in August 2009.
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Judges rule on pre-existing condition case

May 21, 2010
Highlighting the highly controversial health care debate that’s played out during the past year, the 7th Circuit Court of Appeals today ruled on a pretty straightforward case about a pre-existing condition clause that denied a man’s claim for long-term disability benefits.
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7th Circuit rehears Second Amendment case

May 21, 2010
Rebecca Berfanger
7th Circuit Court of Appeals judges in Chicago didn’t take the issue of Second Amendment rights lightly when they heard oral arguments en banc Thursday for United States of America v. Steven M. Skoien, No. 08-3770.
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Attorney General promotes 2 of its own internally

May 21, 2010
Michael Hoskins
The Indiana Attorney General’s Office has promoted one of its longtime lawyers to a second-in-command spot that means guiding 144 state government attorneys and working more closely with local prosecutors, police officers, and those in the county criminal justice systems.
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COA upholds 125-year child-molesting sentence

May 19, 2010
Michael Hoskins
In upholding multiple child-molesting convictions and a 125-year sentence, the Indiana Court of Appeals has rejected a woman’s argument about why her penalty should be reduced based in part on the very young ages of the victims.
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Court: Police shouldn't have made traffic stop

May 19, 2010
Michael Hoskins
An appellate decision today in a drunk-driving traffic stop case out of Fort Wayne illustrates how a lack of knowledge about a particular road’s layout can derail the prosecution of someone who may have been intoxicated behind the wheel.
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Indianapolis law school grad tapped to lead TSA

May 18, 2010
Michael Hoskins
A former Hoosier attorney who graduated from Indiana University School of Law - Indianapolis is now being tapped for a leading role at the federal agency responsible for strengthening security and screening measures at the nation's airports.
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7th Circuit rules against Indianapolis attorney

May 18, 2010
Michael Hoskins
An Indianapolis attorney has lost a federal appeal that involves his being forced to resign as manager of the title insurance division after writing a memo that criticized his boss.
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IMPD investigates Brizzi golf cart incident

May 17, 2010
Cory Schouten
The Indianapolis Metropolitan Police Department has opened an investigation into the circumstances surrounding an officer's injury at a 2008 fundraiser for Marion County Prosecutor Carl Brizzi.
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Security concerns should be part of record

May 17, 2010
Michael Hoskins
The Indiana Supreme Court wants state trial judges to offer written guidance if and when courthouse or jury security concerns come up during trial.
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Court rules on sex offender status decisions

May 17, 2010
Michael Hoskins
Tackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,” the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry and how convicts’ names are removed.
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Indiana justices answer certified question from federal court

May 14, 2010
Michael Hoskins
The Indiana Supreme Court says that a person or business that buys and later sells a wrecked vehicle must apply for a salvage title as required by state law, even if that vehicle’s been sold by the time that certificate is received.
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Indiana AG officially joins health care suit

May 14, 2010
Michael Hoskins
Following through on a promise from more than a month ago, the Indiana Attorney General today joined a lawsuit challenging the new federal health care law passed by Congress earlier this year.
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Grant funding available for state court reforms

May 14, 2010
IL Staff
State trial courts have until June 15 to apply for grants that would allow them to reform or improve their local judicial systems.
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COA affirms resisting police conviction

May 13, 2010
Jennifer Nelson
The Indiana Court of Appeals was hesitant to rely on an Indiana Supreme Court case’s definition of “forcibly resist” because that language doesn’t appear to adequately describe the meaning of the phrase as it has been recently applied.
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Lawyer competition donates 50 tons of food

May 13, 2010
IL Staff
Attorneys from around the state raised more than 50 tons of food through the Attorney General’s annual March Against Hunger competition.
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7th Circuit overrules itself in satellite TV case

May 13, 2010
Michael Hoskins
The 7th Circuit Court of Appeals overruled one of its own decisions from 20 years ago, finding that judges have discretion in whether penalties are imposed on those who steal encrypted television satellite signals or help others take them without paying for the service
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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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