Latest News

Apartment creates issue of first impression

July 27, 2009
Jennifer Nelson
In an issue of first impression, the Indiana Tax Court decided housing owned by a non-profit that receives governmental subsidies to rent to low- and moderate-income people at below-market rates is not property used for a charitable purpose.
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Counties test expanded protective order registry

July 24, 2009
IL Staff
Eight Indiana counties will be the first to use the state's expanded electronic protective order registry. The expansion is a result of a partnership between the Indiana Supreme Court, law enforcement, clerks, and domestic violence groups.
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Supreme Court grants writ of mandamus

July 24, 2009
IL Staff
Indiana Supreme Court justices unanimously voted to grant a permanent writ of mandamus and prohibition in a case out of Howard Superior Court.
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COA rules on coal bed gas dispute

July 24, 2009
Jennifer Nelson
In settling a dispute between two Illinois companies regarding who has the legal right to recover coal bed methane gas, the Indiana Court of Appeals made its decision based on public safety and ruled in favor of the company assigned the coal bed gas lease.
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Supreme Court grants 2 transfers

July 23, 2009
Jennifer NelsonMore

Judges disagree in police entry case

July 23, 2009
Jennifer NelsonMore

COA splits in application of statute in med-mal suit

July 23, 2009
Jennifer Nelson
The issue of whether the Journey's Account Statute applied to a woman's medical malpractice claim filed after the statute of limitations expired caused a split of an Indiana Court of Appeals panel.
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Court rules on suspended sentence issue

July 23, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges ruled on an issue that has generated a split of opinion among them: whether a fully executed sentence is equivalent to a sentence of equal length but partially suspended to probation for purposes of review under Appellate Rule 7(B).
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Mentally ill prisoners suit dismissal denied

July 23, 2009
Jennifer Nelson
A federal judge has denied the Indiana Department of Correction's motion to dismiss a suit brought last year that challenges the DOC's practices and programs regarding mentally ill patients.
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Former Indiana Supreme Court chief justice dies

July 22, 2009
Jennifer Nelson
A Former Indiana Supreme Court Chief Justice who was known for his colloquialisms and quick wit died Tuesday morning at his home.
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COA declines ruling on constitutionality of plan

July 22, 2009
Jennifer Nelson
The Indiana Court of Appeals declined to address the constitutionality of a Department of Correction program for sex offenders based on the deficient record before it and because the appellate court could decide the case without ruling on the constitutionality of the program.
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Nominations sought for female trailblazer award

July 21, 2009
IL Staff
The Indianapolis Bar Association's Women & the Law Division is accepting nominations for the 2009 Antoinette Dakin Leach Award.
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Statute doesn't authorize dismissal of charges

July 21, 2009
Jennifer Nelson
Even if the Indiana Court of Appeals concluded the trial court violated statute by failing to set a juvenile delinquency hearing within the 60-day time limit, the appellate court doesn't believe the statute authorizes dismissal of the charges as the defendant argues.
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Alarm company's actions not covered by policies

July 21, 2009
Jennifer Nelson
The Indiana Supreme Court reversed the denial of summary judgment on an insurance company's coverage defenses, ruling its insured's actions leading to a lawsuit were "errors or omissions," and so weren't covered by the commercial general liability or umbrella policies.
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Chief justice honored for helping those in need

July 20, 2009
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard received the Administration on Children, Youth and Families Commissioner's Award for Indiana from the U.S. Department of Health and Human Services.
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COA: Only deceased's parent can have visitation

July 20, 2009
Jennifer Nelson
A paternal grandmother whose son was convicted of manslaughter in the death of his child's mother doesn't have standing to petition for visitation with her grandchild under the Grandparent Visitation Act, the Indiana Court of Appeals ruled today.
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Judges differ on allowance of trustee's appeal

July 20, 2009
Jennifer Nelson
Judges on the 7th Circuit Court of Appeals, including Northern District Judge Joseph Van Bokkelen - who was sitting in designation - disagreed whether a bankruptcy trustee's appeal should be dismissed for lack of appellate jurisdiction because he didn't file a petition for permission to appeal.
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Marion Superior judge recognized for service

July 17, 2009
IL Staff
Marion Superior Judge Cynthia Ayers was honored today by her colleagues and the business community during Indiana Black Expo for her many years of service on and off the bench.
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Judge to throw out first pitch at pro bono night

July 17, 2009
Jennifer Nelson
Indiana Court of Appeals Judge Melissa May will throw out the first pitch tonight at a Gary baseball game at which attorneys will be honored for their pro bono work.
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Suspended judge's case moved

July 17, 2009
Jennifer Nelson
LaPorte Circuit Court granted suspended LaPorte Superior Judge Jennifer Evans Koethe's motion for change of venue Thursday.
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Informational meeting set for Kenya legal aid trip

July 16, 2009
IL Staff
An October trip to Kenya to visit legal colleagues in a partnership between Indiana and Eldoret attorneys is open to anyone who wants to join the delegation and learn more about the program.
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Magistrate advises denial of sheriff's motions

July 16, 2009
Jennifer Nelson
A magistrate judge has recommended that the Marion County Sheriff's motions to dismiss a complaint against him be denied. A suit was filed following the death of an inmate who didn't receive his needed medicine
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Fate of courtroom cameras still unknown

July 15, 2009
Michael Hoskins
The federal judge vying to become the next justice on the U.S. Supreme Court favors having cameras in court and says she might be interested in furthering their use at the nation's highest court that has resisted the idea for decades.
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Judges: Court should have questioned jurors

July 15, 2009
Jennifer Nelson
Judges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.
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Report issued in UPL claim on trust mill case

July 15, 2009
Michael Hoskins
The Indiana Supreme Court has never determined whether the money spent during the prosecution of an Unauthorized Practice of Law claim fits into the "costs and expenses incurred by such a hearing" category, which means that a losing party pays under Administrative Disciplinary Rule 24.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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