Latest News

ND Law hosts "What is war?"

January 1, 2007
IL Staff
"What Is War?" is the name and subject of a conference at the Hesburgh Center for International Studies Auditorium at the University of Notre Dame Sept. 14 and 15. The University of Notre Dame Law School, the Joan B. Kroc Institute for International Peace Studies, and Mershon Center for International Security Studies at Ohio State University are sponsoring the conference. It is free and open to the public.The discussions will feature Gen. Sir Michael Rose (British Forces, retired), and Gen. William...
More

Kids in custody must be read Miranda

January 1, 2007
Jennifer Nelson
Everyone being taken into custody must be advised of the Miranda rule, no matter what age the person is, ruled the Indiana Court of Appeals in overturning a nine-year-old child's adjudication as a delinquent child. In C.L.M. v. State of Indiana, 35A05-0706-JV-342, C.L.M., appealed the ruling that he was a delinquent child for committing what would have constituted as a Class C felony child molestation if it was committed by an adult, arguing he was never read his Miranda rights while being...
More

COA: Guidant suit to stay in Indiana

January 1, 2007
Michael Hoskins
The state's second-highest appeals court is allowing a class-action lawsuit involving Guidant Corp. defibrillators to proceed in Marion County, though the ruling won't affect similar federal or state suits.A three-judge Indiana Court of Appeals panel ruled Thursday in Cardiac Pacemakers, Inc. v. Ryan Terry and Linda Mason, No. 49A04-0704-CV-240, that Terry and Mason could continue a class-action product-liability lawsuit against Guidant over now-recalled defibrillators or pacemakers.Minnesota-based Cardiac Pacemakers Inc., a subsidiary of Guidant, manufactured the devices and wanted to get involved in...
More

Justices decide on 3 death penalty cases

January 1, 2007
Michael Hoskins
The Indiana Supreme Court justices have the state's death penalty system on their minds.Three rulings handed down this week have involved capital cases, including one that sets a new execution date for a condemned inmate. But some of the written rationale shows reluctance on at least two justices' parts to impose the death sentence.In a ruling dated May 21in Michael Allen Lambert v. State of Indiana http://www.in.gov/judiciary/opinions/pdf/05210701ad.pdf, No. 18S00-0412-SD-503, the court denied the latest appeal and ordered a new execution date...
More

Justices accept 3 cases this week

January 1, 2007
Michael Hoskins
The Indiana Supreme Court will consider cases involving payments under the Worker's Compensation Act and also how to determine whether someone is a sexually violent predator, justices decided this week.Two transfers came Thursday in Christopher Brown, DDS, Inc. v. Decatur County Memorial Hospital, 93A02-0703-EX-236, and Alan C. Jones v. State of Indiana, 61A01-0704-CR-174. Justices also granted another case, Aaron Reid v. State, with an opinion that reduced an Anderson man's sentence by 20 years in a murder for hire plot.In Brown, the court...
More

Court upholds dismissal of battery claim against medical student

January 1, 2007
Michael Hoskins
An emergency medical technician student sued for battery after incorrectly performing a procedure on a patient did not commit battery, the Indiana Supreme Court has decided.The 5-0 decision came in W. Ruth Mullins and Johnce Mullins, Jr. v. Parkview Hospital, Inc., et al., http://www.in.gov/judiciary/opinions/pdf/05020701fsj.pdf, No. 02S04-0608-CV-292, reversing a Court of Appeals decision that the student had battered patient Ruth Mullins, who was undergoing a hysterectomy in 2000 at Parkview Hospital in Fort Wayne. During the procedure, the student, LaRea VanHoey, performed...
More

Court grants absolute privilege case

January 1, 2007
Michael Hoskins
The Indiana Supreme Court will consider whether absolute privilege exists for communications made in the course of official proceedings brought under a university's anti-harassment policies.The court granted transfer Wednesday in Virginia Hartman and Suzanne Swinehart v. Dr. Gabe Keri , No. 02A03-0603-CV-135, which comes from Allen Superior Judge David Avery.Keri became an assistant professor of education in August 2000 at Indiana University-Purdue University - Fort Wayne and was notified in April 2003 that his contract wouldn't be renewed because of unsatisfactory...
More

Parents sue over school uniform policy

January 1, 2007
Michael Hoskins
The newest First Amendment and freedom of expression case is playing out over mandatory school uniforms in Anderson.Parents Scott and Laura Bell filed a suit in Madison Circuit Court on Tuesday against the Anderson Community School Corp., claiming that a policy set to start next month would violate the constitutional right of children for a free education.The dress code, which is similar to those implemented in other Hoosier school districts such as the Indianapolis Public Schools, limits students to black, navy,...
More

High court denies recount issues

January 1, 2007
Michael Hoskins
The Indiana Supreme Court won't get involved in a recount challenge to Terre Haute's mayoral election.Justices voted 5-0 Thursday to deny both a writ of prohibition and writ of mandamus requested by Terre Haute attorney James Bopp Jr., who represents the man who'd won the Nov. 6 mayoral election.Republican Duke Bennett won by 106 votes and was challenging recount petitions filed by incumbent mayor, Democrat Kevin Burke. Bopp argued Burke's petitions weren't valid and that Vigo Circuit Judge David Bolk didn't...
More

Court rules on genetic testing on deceased

January 1, 2007
Jennifer Nelson
The Court of Appeals ruled today that the interests and parties involved in a deceased person's estate must be represented when an order for genetic testing is given. In the case, In the Matter of the Paternity of C.M.R., a child born out of wedlock, http://www.in.gov/judiciary/opinions/pdf/08070701tac.pdf Kari Schenkel brings an interlocutory appeal from the trial court's order for the genetic testing of her and her two children to determine if Joseph Miller, who is deceased, fathered C.M.R., the child of Jennifer...
More

First female partner in Evansville wins Greshem Award

January 1, 2007
Rebecca Berfanger
The Evansville Bar Association presented Evansville attorney Sheila M. Corcoran with the James Bethel Greshem Award at the bar association's annual Law Day dinner. Corcoran practices with Berger & Berger in Evansville. The James Bethel Greshem Freedom Award recognizes and honors individuals who have distinguished themselves in activities or careers that have elevated respect for the law, promote freedom, or further the ideals of Law Day. The award's namesake lived in Evansville from 1901 to 1914 and is believed to have...
More

Supreme Court revises rules, creates new committees

January 1, 2007
Michael Hoskins
The Indiana Supreme Court has created two new committees to study issues relating to pro se litigants and child advocacy.The Planning Committee on Self-Represented Litigants will provide a long-range strategy for improving access to justice for pro se litigations, including protocols for judges and clerks or general guidance to courts, legal service providers, and public organizations. This group will meet at least four times a year and recommend policy or procedure changes to the Supreme Court.The number of members isn't outlined,...
More

Court rules on habeas corpus competency case

January 1, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals ruled in a case of first impression today regarding a prisoner's competency to continue on with habeas corpus proceedings. In its decision, the Circuit Court remanded to the District Court. Circuit Judge Richard Posner wrote the court finds it odd to think that someone who initiates a habeas corpus proceeding can then later freeze it by claiming to be mentally incompetent. That is what Eric Holmes is claming in Eric D. Holmes v. Edwin G....
More

Indiana RV makers being sued over hurricane-issued trailers

January 1, 2007
Michael Hoskins
More than a dozen RV manufacturers that supplied the Federal Emergency Management Agency with trailers following Hurricane Katrina are being sued in federal court in Louisiana, including a handful based in Indiana.A suit filed this week in the Eastern District of Louisiana in New Orleans accuses the manufacturers of using inferior construction materials in a profit-driven rush to build the trailers for the federal government. The 63-page filing includes nearly 50 pages of more than 500 plaintiffs who've lived in the...
More

Court: Buyer's remorse doesn't entitle refund

January 1, 2007
Jennifer Nelson
An Indiana Supreme Court ruling reinforces the phrase "buyer beware" during tax sales, affirming that a purchaser at a tax sale who doesn't seek a tax deed as required under Indiana Code is not entitled to a partial refund of the purchase price. In the case In Re: Parcels Sold for Delinquent Taxes, Vanderburgh County Auditor et al. v. Michiana Campgrounds, LLC, 82S01-0701-CV2, the Supreme Court yesterday reversed the trial court's grant of Michiana's motion for a refund of the purchase price...
More

Court rules on police investigation methods

January 1, 2007
Michael Hoskins
Admission of a handgun and related evidence has been tossed by an Indiana Court of Appeals panel on grounds that police who stopped the defendant and retrieved the weapon didn't have sufficient cause to do so.The appellate court ruled today in Sarail Jamerson v. State of Indiana, No. 49A02-0608-CR-779, arising out of Marion Superior Court 19 and an investigatory stop in June 2006.Three Indianapolis Police Department officers learned a county detective wanted them to locate the appellant-defendant Jamerson in connection with...
More

President picks Judge Tinder for 7th Circuit seat

January 1, 2007
Michael Hoskins
A federal judge in Indianapolis is poised to be the first Hoosier jurist appointed to the 7th Circuit Court of Appeals in Chicago in 20 years.The White House announced late Tuesday afternoon that President George W. Bush is nominating U.S. District Judge John D. Tinder to the Circuit Court. He'd replace retiring Circuit Judge Daniel A. Manion, who came from South Bend after being appointed by President Ronald Reagan in 1986.A lifelong Indianapolis resident and a graduate of Indiana University School...
More

Justices grant transfer, will hear 2 arguments this week

January 1, 2007
Michael Hoskins
 The Indiana Supreme Court has granted one transfer and is hearing two other cases this week involving trade secrets and claims of negligent infliction of emotional distress. Justices late last week granted transfer of Steven Hollin v. State, 69A01-0609-CR-401, which was an unpublished memorandum ruling from the Court of Appeals in March. The case stems from a conviction and sentencing appeal involving conspiracy to commit burglary and a habitual offender charge. Hollin claimed it was fundamental error for the trial court...
More

Court reverses insurer's summary judgment

January 1, 2007
Jennifer Nelson
The Indiana Court of Appeals today reversed a summary judgment award in favor of an auto insurance company, holding that an uninsured-motorist claim was not barred by state statute and language of the insurance policy. In Mary Lou Smith, et al. v. Auto-Owners Insurance Co., No. 84A01-0611-CV-516, the appellate court had to decide whether Smith's claim for uninsured motorist coverage against her policyholder, Auto-Owners, was allowed based on her policy and Indiana Code 27-7-5-4.Smith and several family members were involved in a...
More

Sheriff's deputies can hold elected office, court rules

January 1, 2007
Michael Hoskins
A sheriff's deputy has the right to hold an elected position and in doing so isn't violating state law against holding dual, lucrative offices, the Indiana Court of Appeals ruled today.In Walter Thompson v. Mark Hays http://www.in.gov/judiciary/opinions/pdf/06060701mgr.pdf, 72A01-0607-CV-294, the court upheld a Scott County ruling last year dismissing a claim filed by local resident Walter Thompson, who filed a complaint against Mark Hays following the November 2002 general election. Thompson accused Hays of holding the dual offices and sought an order...
More

Governor chooses next Court of Appeals judge

January 1, 2007
Michael Hoskins
The governor announced today that Marion Superior Judge Cale Bradford will be the newest jurist on the Indiana Court of Appeals.Judge Bradford will replace Judge Patrick D. Sullivan, who is retiring Aug. 1 as a result of reaching mandatory retirement age of 75. He will represent the second judicial district, which encompasses 19 counties in central Indiana.Gov. Mitch Daniels got nominations from the Judicial Nominating Commission May 18 and by law was required to make a decision within 60 days. Judge...
More

Appeals court upholds arbitration award

January 1, 2007
Jennifer Nelson
The Indiana Court of Appeals affirmed an arbitration award against Citizens Gas & Coke Utility today, ruling the arbitrator did not exceed her power in determining an employee was unjustly terminated and his widow was entitled to his life insurance policy through the collective bargain agreement. In Citizens Gas & Coke Utility v. Local Union No. 1400, International Brotherhood of Electrical Workers, 49A05-0612-CV-751, Citizens appealed the trial court's denial of its verified complaint and application to vacate arbitration award, or in the...
More

COA rules on fireworks wholesalers' challenge

January 1, 2007
Jennifer Nelson
The Court of Appeals ruling today that firework wholesalers have an administrative process to determine whether Indiana Code section 22-11-14-5 requires fireworks wholesalers to obtain certificates of compliance for each location reinforces an earlier Supreme Court decision on the matter. In Roger Johnson, as Indiana State Fire Marshal v. Patriotic Fireworks, Inc. et al., the Court of Appeals reversed the trial court's denial of the fire marshal's motion to dismiss the consolidated complaints of Patriotic Fireworks and other fireworks wholesalers and remanded...
More

Law library closing extended through June

January 1, 2007
Michael Hoskins
Don't expect to be able to use the Indiana Supreme Court Law Library as soon as planned.The library on the second floor of the Indiana Statehouse in Indianapolis will be completely closed starting today through June 25 for restorative painting, according to librarian Terri Ross. The library has been open intermittently throughout May for an ongoing building-wide heating and air conditioning renovation, she said.Originally, the plan was for closing between April 30 and June 11; now the closing will continue for...
More

Court rules on underinsured motorists coverage

January 1, 2007
Jennifer Nelson
The Indiana Court of Appeals ruled today on when injured claimants in an automobile accident can seek to recover more money under a single Uninsured and Underinsured Motorist policy.In Auto-Owners Insurance Co. v. David Eakle, et al., the court used previous cases Allstate Ins Co v. Sanders 644 N.E.2d 884, 887 (Ind. Ct. App. 1994) and Grange Ins. Co v. Graham 843 N.E.2d 597, 599 (Ind. Ct. App. 2006) to determine the trial court erred in denying Auto-Owners judgment on the...
More
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

ADVERTISEMENT