Latest News

Judges disagree on remand instructions

August 28, 2009
Jennifer Nelson
Indiana Court of Appeals judges unanimously agreed today that a defendant's petition for expungement of his arrest shouldn't have been denied by the trial court, but they disagreed as to what should happen on remand.
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Court deputy alleges discrimination

August 27, 2009
Jennifer Nelson
A Marion County deputy sheriff is suing her employer, claiming the sheriff's department discriminated against her when it selected male deputies for open positions within the court system.
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COA: Business is a nuisance to homeowners

August 26, 2009
Jennifer Nelson
Despite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.
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Judge must pay $10,000 in disciplinary fees

August 26, 2009
Jennifer Nelson
The judge and former commissioner disciplined for their roles that led to a wrongfully convicted man staying in prison must pay nearly $18,000 in expenses related to their disciplinary proceedings.
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Hearing didn't consider all statutory factors

August 25, 2009
Jennifer Nelson
In a modification of physical custody case, the Indiana Court of Appeals remanded for further proceedings because the trial court was required to hear evidence on and consider all of the factors listed in Indiana Code Section 31-17-2.2-1(b).
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Justices: Appeal not available after guilty plea

August 25, 2009
Jennifer Nelson
A majority of Indiana Supreme Court justices agreed a man who pleaded guilty couldn't appeal the denial of his pre-trial motion to suppress. Yet one justice believed the plea agreement should have been honored according to its terms, which included reserving the right to object to the denial of the motion to suppress.
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Indicted former attorney found dead before trial

August 25, 2009
Jennifer Nelson
A former attorney set to go on trial yesterday was found dead in his home.
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Moot court competition seeks judges

August 24, 2009
Jennifer Nelson
The Indiana University Maurer School of Law in Bloomington is seeking judges for its annual Sherman Minton Moot Court Competition this fall.
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Judge issues lengthy order in strip-search case

August 24, 2009
Jennifer Nelson
A U.S. District Court judge has issued a 91-page order in an "elaborate and expensive litigation" that began after three teenagers were stopped because their car had a broken license plate light.
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Worker's suicide fails chain of causation testRestricted Content

August 21, 2009
Jennifer Nelson
A widow's request for workers' compensation benefits of her deceased husband can't be granted because his death at work was caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain of causation test in trying to prove an initial work-related event led to her husband's death.
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Supreme Court grants 3 transfers

August 21, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer this week to three cases, including a first impression case involving whether someone who has drugs within 1,000 feet of a youth program center run in a church can have their conviction enhanced.
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Justices deny sex offender park ban case

August 21, 2009
Michael Hoskins
The Indiana Supreme Court has declined after nine months to accept a case asking whether registered sex offenders can be banned from parks and recreational areas.
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Female firefighter not discriminated against

August 20, 2009
Jennifer Nelson
The Indianapolis Fire Department didn't discriminate against a short female firefighter when it ordered her to be psychologically evaluated or perform driving tests, the 7th Circuit Court of Appeals affirmed today.
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Brazilian delegation to learn about mediation

August 20, 2009
Jennifer Nelson
A delegation of Brazilian magistrates is in Indianapolis to learn more about U.S. judicial mediation and how it may be applied in Brazilian courts.
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Fax confirmation creates issue of fact

August 20, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.
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Terre Haute federal courthouse opens Monday

August 20, 2009
Jennifer Nelson
After years of debate as to whether Terre Haute would keep a U.S. District Court, a new federal courthouse is set to open Aug. 24.
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Tipton City Court judge dies

August 19, 2009
Jennifer Nelson
Tipton City Court Judge Lewis Daily Harper died Aug. 14 at the age of 85. Judge Harper became city judge in 1997; he also worked as a real estate broker.
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Chief justices to discuss court issues

August 19, 2009
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard and other jurists from the Midwest will talk about important issues affecting their respective courts during a panel discussion Sept. 9 at Indiana University School of Law - Indianapolis.
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Order affirms delinquent fee waivers

August 19, 2009
Michael Hoskins
The Indiana Supreme Court issued an administrative order Tuesday allowing the executive secretary of the Indiana Supreme Court Disciplinary Commission and the executive director of the Indiana Commission on Continuing Legal Education to continue to grant waivers to attorneys for delinquent fees and reinstatement fees assessed pursuant to Admission & Discipline Rules 23(21) and 29(7).
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County not dismissed in fired court clerks suits

August 19, 2009
Jennifer Nelson
Clark County lost in its efforts to be dismissed from suits filed by two fired Clark Circuit Court employees. Chief Judge David F. Hamilton in the U.S. District Court, Southern District of Indiana, ordered the county to file answers to the complaints no later than Sept. 6.
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7th Circuit affirms possible erroneous sentenceRestricted Content

August 18, 2009
Jennifer Nelson
Because a defendant's attorney affirmatively waived any challenge to an Armed Career Criminal Act enhancement - despite the 7th Circuit Court of Appeals advisement that the enhancement may have been an error due to a recent Circuit ruling - the federal Circuit Court had no choice but to affirm the District Court.
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Judges disagree if testimony is hypothetical

August 18, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice case used hypothetical language that couldn't raise a genuine issue of fact.
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Judge adopts revised sentencing conditions

August 18, 2009
IL Staff
Senior Judge James T. Moody in the U.S. District Court of the Northern District of Indiana issued an order Monday regarding conditions for probation and supervised release.
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Trial court erred in denying motion to continue

August 17, 2009
Jennifer Nelson
A Marion Superior trial court should have granted a woman's motion to continue the day of her bench trial because she had a constitutional right to present a defense to support her involuntary intoxication argument, the Indiana Court of Appeals decided today.
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IDEM could fire employee for ethics violation

August 17, 2009
Jennifer Nelson
The state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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