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Federal office: No Hatch Act violations in Dearborn County

July 27, 2010
Michael Hoskins
A federal government office has cleared two Dearborn County officials who’d been accused by the former county attorney of violating federal law that restricts political activity for those involved with federally funded programs.
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Majority overturns enticement of minor conviction based on error

July 26, 2010
Jennifer Nelson
Addressing for the issue for the first time, the 7th Circuit Court of Appeals ruled the “ostrich instruction” in context of 18 U.S.C. Section 2422(b) was not appropriately given to the jury in an enticement of a minor trial.
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Arbitration of FCRA claim survives bankruptcy discharge

July 26, 2010
Jennifer Nelson
A man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy proceedings, the Indiana Court of Appeals ruled today.
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East Chicago casino case still alive

July 26, 2010
Michael Hoskins
A years-long court battle over millions of dollars in East Chicago casino revenue remains alive after a Marion County judge vacated an earlier dismissal of the civil suit and blocked the release of $8 million in disputed funds that had been part of a settlement.
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Judge rules against Inlow heirs

July 23, 2010
J.K. Wall
A week after a bizarre court hearing where opposing attorneys took turns questioning one another on the witness stand, Hamilton County Judge Steve Nation ruled Friday that the heirs of former Conseco Inc. executive Lawrence Inlow failed to justify their attempt to remove Cincinnati-based Fifth Third Bank as the personal representative of the estate.
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Nominations sought for numerous awards

July 23, 2010
IL Staff
If you know of a lawyer or judge who demonstrates dedication and professionalism above and beyond most, there are several awards for which they may be considered. Deadlines are quickly approaching.
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COA: Trial court to decide pre-sentencing educational credit time

July 23, 2010
Elizabeth Brockett
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing, the Indiana Court of Appeals ruled today.
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Defendants entitled to competency hearing in probation revocations

July 22, 2010
Jennifer Nelson
Defendants are entitled to a competency hearing as part of their due process rights, the Indiana Court of Appeals concluded today, addressing the issue for the first time.
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Plain English jury instructions now available

July 22, 2010
IL Staff
The Indiana Model Civil Jury Instructions, which were prepared by the Civil Instructions Committee of the Indiana Judges Association and are written in plain English, are now available.
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President names former deputy sheriff for U.S. Marshal

July 22, 2010
IL Staff
President Barack Obama nominated Myron M. Sutton, a former deputy sheriff in Newton County in 1998-2007, as United States Marshal for the Northern District of Indiana.
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Judges disagree on whether grandfather can adopt

July 21, 2010
Jennifer Nelson
Judges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but allow the mother to retain her parental rights under Indiana law.
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Medicaid applications review policy doesn't violate federal law

July 21, 2010
Jennifer Nelson
An administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled today.
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Mom sues over girls' high school basketball schedule

July 21, 2010
Jennifer Nelson
A Franklin County mother is suing the Indiana High School Athletic Association and multiple school districts claiming discrimination against the girl’s basketball team based on when the girls play their games.
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Terre Haute attorney dies

July 21, 2010
Jennifer Nelson
A Terre Haute attorney and former member of the Indiana House of Representatives died Monday.
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Judge faces 4 charges

July 21, 2010
Michael Hoskins
A Marion Superior judge presiding over the county’s traffic court faces four judicial misconduct charges as a result of his general handling of traffic infraction cases and one suit in particular, where the state justices have described him as being “biased.”
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9 semi-finalists in running for justice spot

July 21, 2010
Michael Hoskins
Nine attorneys remain in the running to be the next Indiana Supreme Court justice after a seven-member commission narrowed down a list of nearly three-dozen applicants earlier this month for the court opening.
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Hogsett tapped for U.S. Attorney post

July 21, 2010
Michael Hoskins
When Indianapolis attorney Joe Hogsett received the news that he’d been tapped by President Barack Obama to be the next U.S. Attorney for the Southern District of Indiana, one of his first thoughts was that this could be the next home run in his career.
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Disciplinary rulings explore 'knowing' standard

July 21, 2010
Michael Hoskins
Attorneys faced misconduct cases involving incorrect citation, agreement-signing.
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Attorneys assist young entrepreneurs

July 21, 2010
Rebecca Berfanger
When an attorney in a bar association’s program for young lawyers learned that a program that helps at-risk youth to start and maintain their own businesses was in transition and needed a little help, he suggested his group step in.
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Anything you tweet may be used against you...Restricted Content

July 21, 2010
Michael Hoskins
Instant updates on Facebook and Twitter are becoming a staple in people’s lives, and those social media networks are becoming a more common part of the litigation process in state and federal courts.
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Attorney fees not recoverable under adult wrongful death statute

July 20, 2010
Elizabeth Brockett
The Indiana Court of Appeals today disagreed about an issue of first impression regarding recovery of attorney fees under the adult wrongful death statute.
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No summary judgment for health-care facility with racial-preference policy

July 20, 2010
Jennifer Nelson
The District Court erred in granting summary judgment to a long-term health-care facility which prevented black workers from assisting certain residents based on the residents’ requests, the 7th Circuit Court of Appeals ruled today.
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State, federal double-jeopardy challenge fails

July 20, 2010
Elizabeth Brockett
A man’s claims of federal and state double-jeopardy violations were rejected today by the Indiana Court of Appeals, which affirmed the trial court in a case involving multiple child pornography videos.
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Attorneys to debate constitutionality of health-care reform

July 20, 2010
IL Staff
The Indiana Continuing Legal Education Forum will hold a CLE on health-care reform which will include a debate between Indiana Solicitor General Thomas M. Fisher and Indiana University School of Law –Indianapolis professor David Orentlicher.
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COA reverses juvenile's exploitation adjudication

July 19, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. 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?

  3. 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?

  4. 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.

  5. 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?

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