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7th Circuit expands inquiry to implicit motion for new attorney

August 5, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.
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Election for judicial commissions member this fall

August 5, 2010
IL Staff
The Indiana Judicial Nominating Commission and Indiana Commission on Judicial Qualifications are looking for a new attorney member.
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Judges needed for moot court

August 4, 2010
IL Staff
The Sherman Minton Moot Court competition at Indiana University Maurer School of Law is seeking judges for this fall’s competition.
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Man entitled to commission, but a reduced amount

August 4, 2010
Jennifer Nelson
Because a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his former employer owed him due to draws and set-offs.
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Appellate rulings can create confusion for attorneys, trial judgesRestricted Content

August 4, 2010
Michael Hoskins
Clear and concise court rulings are what judges hope can be produced, so that lawyers and lower courts can have guidance on how to address a particular legal issue. But that doesn’t always happen.
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Justice selection process wasn't always public

August 4, 2010
Michael Hoskins
Twenty-five years ago, choosing an Indiana Supreme Court justice was confidential.
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IBF provides classes for educational programs

August 4, 2010
Rebecca Berfanger
An annual highlight for participants, mentors, and organizers, the summer institutes for Project Citizen and We The People have once again actively prepared teachers to present civics lessons so students can understand and become responsible citizens.
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3 remain in running for high court

August 4, 2010
Michael Hoskins
The governor must choose among two judges, one appellate attorney for next justice.
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Three decades of finalists

August 4, 2010
IL Staff
A look at those whoâ??ve been finalists in the past 25 years and their positions or titles at that time.
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Rental properties require effortRestricted Content

August 4, 2010
Rebecca Berfanger
As the prices for homes continue to drop as foreclosures and abandoned properties continue to pop up in virtually every neighborhood, there may be a few people considering whether these homes could make for good investments either as properties to fix and sell or to buy and repair for a rental property.
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Court: insufficient notice bars tort claim

August 3, 2010
Elizabeth Brockett
The Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium complex and its various longtime issues.
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COA extends judicial immunity to arbitrators

August 3, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their sponsors.
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Justices grant 3 transfers

August 3, 2010
IL Staff
The Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices examined a total 35 cases that were before them for possible transfer.
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Governor names new Marion Superior judge

August 3, 2010
IL Staff

The governor has appointed Barbara L. Cook Crawford as the newest Marion Superior judge. She will replace former Marion Superior Judge Tanya Walton Pratt, who was appointed to the U.S. District Court’s Southern District of Indiana in June.

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3 remain in running for Indiana Supreme Court

August 2, 2010
Michael Hoskins
Two trial judges and an appellate attorney have emerged as finalists for the Indiana Supreme Court, but one those three almost didn’t make it to Indianapolis for the second interview on Friday. Story includes video clips from the interviews.
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Exotic dancers are employees, may settle case

August 2, 2010
Jennifer Nelson
A federal judge has found that exotic dancers at an Indianapolis club are employees, not independent contractors as the club owner argued.
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3 emerge as finalists for justice seat

July 30, 2010
Michael Hoskins
The Indiana Judicial Nominating Commission has completed its work. Now, it’s up to Gov. Mitch Daniels to decide who’ll be the next Indiana Supreme Court justice.
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Commission names 3 finalists

July 30, 2010
IL Staff
The Indiana Judicial Nominating Commission has picked Boone Circuit Judge Steven David, Marion Superior Judge Robyn Moberly, and Bingham McHale attorney Karl Mulvaney as finalists for the next Indiana Supreme Court justice.
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Commission interviewing 9 semi-finalists today

July 30, 2010
Michael Hoskins
One set of interviews remain before the Indiana Judicial Nominating Commission goes into a closed-door meeting to deliberate which three names should be sent to the governor to decide who will be the state’s next Supreme Court justice.
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Wrongfully convicted man can pursue IIED claim

July 30, 2010
Jennifer Nelson
A man wrongfully convicted of attempted murder can go forward with his intentional infliction of emotional distress claim against the City of Elkhart and several police officers, the 7th Circuit Court of Appeals ruled today.
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Court defines due process rights for drug court participants

July 30, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.
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Marion Superior judge new pro bono committee chair

July 30, 2010
IL Staff
The District 8 Pro Bono Committee has a new chair – Marion Superior Judge David A Shaheed.
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Court declines to review commitment cases differently

July 29, 2010
Jennifer Nelson
The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
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Second round of justice interviews Friday

July 29, 2010
IL Staff
Interviews for the newest justice are Friday. Indiana Lawyer will be covering the semi-finalist interviews with updates throughout the day.
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7th Circuit ends use of inextricable intertwinement doctrine

July 28, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld a defendant’s perjury conviction and in doing so, concluded that resorting to inextricable intertwinement is unavailable when determining a theory of admissibility.
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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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