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Justices reinstate med-mal suit against doctor in stillbirth

June 2, 2015
Dave Stafford
The Indiana Supreme Court reinstated a medical malpractice case against a Richmond doctor accused of failing to meet the standard of care in examining a pregnant woman whose child subsequently was stillborn.
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Justices affirm stabbing conviction in evidence appeal

June 2, 2015
Dave Stafford
An Anderson man convicted of stabbing his son-in-law lost his appeal to the Indiana Supreme Court Tuesday. The man claimed the trial court wrongly excluded evidence that the victim told others that he had struck the man with a two-by-four piece of lumber before the knife attack.
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Expected changes to Patriot Act better, says IU Maurer cybersecurity expert

June 1, 2015
Marilyn Odendahl
The failure of the U.S. Senate to reauthorize parts of the Patriot Act surprised cybersecurity expert Fred Cate, but he hesitated to describe the expiration of the legislation as a major shift in current policy.
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Indiana team gets SCOTUS reversal on deportation case

June 1, 2015
Marilyn Odendahl
Characterizing the government’s argument as making “scant sense,” the Supreme Court of the United States reversed the deportation order of a lawful permanent resident convicted for carrying a controlled substance in his sock.
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Justices reject Arizona no-bail law; OK immunity in prison suicide

June 1, 2015
 Associated Press
The Supreme Court of the United States on Monday rejected an Arizona county’s attempt to reinstate a state law that denies bail to people in the country illegally who are charged with certain crimes.
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Indiana Supreme Court to review police search struck down by COA

June 1, 2015
Dave Stafford
The Indiana Supreme Court will review a drug-possession conviction reversed by the Court of Appeals in February because a police search lacked reasonable suspicion.
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SCOTUS: Bankrupt homeowners can't void second mortgage

June 1, 2015
 Associated Press
A unanimous Supreme Court of the United States ruled homeowners who declare Chapter 7 bankruptcy can't void a second mortgage even if the home isn't worth what they owe on the first mortgage.
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High court throws out conviction for Facebook threats

June 1, 2015
 Associated Press
The Supreme Court of the United States on Monday threw out the conviction of a Pennsylvania man prosecuted for making threats on Facebook but dodged the free-speech issues that had made the case intriguing to First Amendment advocates.
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Indiana justices to weigh Lake County small precinct law

June 1, 2015
 Associated Press
The Indiana Supreme Court will hear arguments Thursday over a law that requires Lake County officials to study whether to consolidate election precincts with fewer than 500 active voters.
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7th Circuit affirms solitary confinement; cautions against it

June 1, 2015
Dave Stafford
An Indiana inmate's 30-day stint in solitary confinement at the Miami Correctional facility didn't violate his civil rights, the 7th Circuit Court of Appeals ruled Friday. But the panel cautioned judges and prison officials against wide use of the practice.
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Justices rule for Muslim denied job over hijab

June 1, 2015
 Associated Press
The Supreme Court of the United States ruled Monday for a Muslim woman who did not get hired after she showed up to a job interview with clothing retailer Abercrombie & Fitch wearing a black headscarf.
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Trial date set for Indiana man charged with 2 women's deaths

May 29, 2015
 Associated Press
An Indiana man charged with strangling two women and suspected of killing five others whose bodies were found in abandoned houses last fall faces a June trial unless defense attorneys request a delay.
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COA affirms attempted murder conviction, denial of insanity defense

May 29, 2015
Dave Stafford
A man convicted of attacking and trying to kill his mother’s boyfriend was not prejudiced when a judge denied his request to pursue an insanity defense, a Court of Appeals majority ruled. But a dissenting judge said the man had good cause and would remand for a new trial.
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Free legal aid program changing lives, but future uncertain

May 29, 2015
 Associated Press
The most common problems people bring involve debts, collections and federal taxes.
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Split COA: 1992 Michigan sex offender required to register in Indiana

May 29, 2015
Dave Stafford
A man who committed a sex crime in Michigan in 1992 and moved to Indiana in 2012 must put his name in the Indiana Sex Offender Registry created two years after his initial offense, a divided Court of Appeals panel ruled.
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Southern District seeks comment on proposed rule changes

May 28, 2015
Jennifer Nelson
The U.S. District Court for the Southern District of Indiana is currently seeking comments on proposed revisions to two local rules dealing with filing records under seal.
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Court rejects Meyers’ claims his trial counsel was ineffective

May 28, 2015
Jennifer Nelson
John R. Myers II, the man convicted of killing Indiana University student Jill Behrman in 2000, was unable to convince the Indiana Court of Appeals that his father-son trial counsel team was ineffective during his murder trial.
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Parties’ oral modification of land agreement unenforceable

May 28, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the decision by a trial court finding an oral agreement between a buyer and seller that modified a written land contract had to be in writing based on the Statute of Frauds and that the buyer defaulted on the terms of the agreement.
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No abuse in giving jury instruction, but COA still reverses 1 conviction

May 28, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it gave a jury instruction during an invasion of privacy trial, the Court of Appeals ruled, but the appeals court sua sponte did reverse one of two convictions because of double jeopardy.
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COA affirms admission of gun and photographs into evidence

May 27, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it admitted as evidence a handgun and photographs of the gun found in a car being impounded after police discovered the driver did not own the car and believed it was unsafe to operate, the Court of Appeals held.
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Judge concerned about doctor’s contradictory affidavit

May 27, 2015
Jennifer Nelson
An Indiana Court of Appeals judge found it troubling that a member of a medical review panel that unanimously found defendants breached their duty of care to a patient could later issue an affidavit in which he changed his mind relating to a doctor accused of medical malpractice.
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Police did not induce woman to commit prostitution, COA rules

May 27, 2015
Jennifer Nelson
A woman who was arrested for prostitution after she agreed to have sex in exchange for money with an undercover detective outside of a strip club was not entrapped by the detective, the Court of Appeals held Wednesday.
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Probationer’s admission to smoking marijuana supports revocation

May 27, 2015
Jennifer Nelson
Because a man on probation admitted to participating in unlawful conduct during his probationary period, the trial court correctly revoked his probation, the Indiana Court of Appeals ruled.
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COA upholds man’s belated appeal, molestation conviction

May 27, 2015
Jennifer Nelson
Citing the defendant’s limited understanding of English and his timely request for appellate counsel, the Indiana Court of Appeals affirmed the decision by the trial court to grant a man’s belated notice of appeal regarding a child molesting conviction.
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Obama loses second bid to implement overhaul of immigration

May 27, 2015
 Bloomberg News
President Barack Obama’s bid to make overhauling immigration policy a second-term victory was dealt a serious blow as federal judges ruled the effort must remain on hold while 26 states sue to overturn it.
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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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