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BREAKING: Senate panel OKs Johnsen

March 4, 2010
Michael Hoskins
Dawn Johnsen, nominated to be a key legal advisor for the president, was approved 12-7 along party lines by the U.S. Senate Judiciary Committee. Also, two of the three Indiana judicial nominees for the federal bench have gotten a green light from the committee.
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Committee approves some Indiana nominees

March 4, 2010
Rebecca Berfanger
More than a year since she was first nominated to head the Office of Legal Counsel, the U.S. Senate Judiciary Committee this morning approved Indiana law professor Dawn Johnsen along party lines for the second time. Two of the three Indiana judicial nominees for the federal bench also received the green light this morning. Johnsen and the judicial nominees can now be voted on by the full Senate.
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Judge certifies sex offender's class-action suit

March 4, 2010
Jennifer Nelson
A federal judge has certified a convicted sex offender's suit against the Indiana Department of Correction as a class action. The plaintiff claims registrants have no procedure to correct errors on the sex and violent offender registry.
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Court hears state voter ID case

March 4, 2010
Michael Hoskins
The Indiana Supreme Court on Thursday morning sharply questioned attorneys about the state's five-year-old voter identification law, debating whether the requirements impose an unconstitutional burden on some voters who can't obtain the necessary photo ID.
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Judges find search of car for gun not justified

March 4, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges reversed the denial of a defendant's motion to suppress evidence of drugs found in his car during a search, but one judge believed the man's cooperation and respect toward the police officer shouldn't factor into their decision making.
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Mistake invalidates termination of dad's rights

March 3, 2010
Jennifer Nelson
A father's consent to voluntarily terminate his parental rights so his sister could adopt his daughter was invalidated by misrepresentations made by a family case manager for the Department of Child Services. As such, the father's petition to set aside the judgment should have been granted, the Indiana Court of Appeals ruled today.
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Decision resolves conflicting appellate rulings

March 3, 2010
Jennifer Nelson
An offense of attempted dissemination of matter harmful to minors can be committed when a defendant attempts to transmit prohibited matter by the Internet to an adult police detective posing as a minor, the Indiana Supreme Court ruled Tuesday.
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Appellate court upholds guardian appointment

March 2, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the appointment of a third-party guardian for an incompetent adult because a disinterested person may hopefully prevent unnecessary disputes caused by mistrust between the woman's children and husband.
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Justice honored for commitment to diversity

March 2, 2010
IL Staff
Indiana Supreme Court Justice Frank Sullivan Jr. will be honored with an American Bar Association Section of Litigation's 2010 Diversity Leadership Award next month. The award honors those who have demonstrated a commitment to promoting diversity in the legal profession.
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Juvenile documentary series wins award

March 1, 2010
IL Staff
The "Lake County Juvenile Justice" documentaries filmed by an Indiana production company will receive this year's Gracie Allen Award for outstanding TV series.
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COA: Consent prevented constitutional violations

March 1, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.
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High court grants 6 transfers

March 1, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer today to decide whether casinos can ban card counters. The high court also granted transfer to five cases Thursday, including a case of first impression regarding post-retirement health-insurance premiums.
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Lawmakers revising sex-offender registry rules

February 26, 2010
Michael Hoskins
Hoosier lawmakers are revising state law following the confusion created by an Indiana Supreme Court ruling last year relating to how convicted sex offenders can be removed from a statewide registry if they believe registration wasn't required at the time of their conviction.
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Judge dismisses soldiers' toxic exposure suit

February 26, 2010
Jennifer Nelson
A federal judge has dismissed for lack of personal jurisdiction a suit brought by soldiers who were exposed while in Iraq to a toxic chemical known to increase the risk of developing cancer.
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Judges find stop violated Fourth Amendment

February 26, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals ruled a defendant's stop by police and subsequent search of a wheelbarrow he was pushing - which led to convictions of burglary and theft - violated the man's Fourth Amendment rights. The Circuit Court ordered the defendant's petition for habeas corpus be granted.
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Session nears end, may finish early

February 26, 2010
IL Staff
This session of the Indiana General Assembly is scheduled to end March 14, but legislators are working to try to finish the session early. It's not known for certain when the House and Senate will wrap up, but both sides have the goal to possibly end by March 7, one week before the constitutionally scheduled deadline.
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COA: Commissioners couldn't dissolve district

February 26, 2010
Jennifer Nelson
The Brown County Commissioners had no authority to enact an ordinance to attempt to dissolve a recently created fire district, the Indiana Court of Appeals concluded today.
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Governor names new general counsel

February 25, 2010
IL Staff
Gov. Mitch Daniels didn't have to look far to fill a vacancy for general counsel.
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Senators postpone votes on Hoosier nominees

February 25, 2010
Michael Hoskins
Thanks in part to the high-profile health-care summit today, the U.S. Senate Judiciary Committee postponed votes this morning on three Indiana judicial nominees and a Bloomington law professor being considered for a key Department of Justice spot.
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COA: inequity in grandparent visitation act

February 25, 2010
Jennifer Nelson
The Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships between the parties in an adoption petition.
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High court adopts COA opinion in billing dispute

February 25, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer Wednesday in a dispute over who bears the burden to prove "pecuniary liability" under the Worker's Compensation Act, and adopted the Indiana Court of Appeals' opinion on the matter.
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Public defender's office goes green

February 24, 2010
IL Staff
The Office of the Public Defender of Indiana is now an American Bar Association Law Office Climate Challenge Partner.
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7th Circuit: Officer entitled to qualified immunityRestricted Content

February 24, 2010
Jennifer Nelson
Because Indiana's conversion statute doesn't appear to have an implied-consent defense, the 7th Circuit Court of Appeals ruled a couple's excuse for possessing another person's camping gear was irrelevant to the probable-cause determination to arrest them.
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Workshop examines foster care

February 24, 2010
IL Staff
Child Advocates and the Marion Superior Court's Juvenile Division are hosting a workshop this week in Indianapolis to examine why more African-American children are in the county's foster care than other races.
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Attorney will shave head in honor of son

February 23, 2010
Jennifer Nelson
An attorney hopes people will ask her why she's bald.
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  1. 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.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

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