Legal News
COA: negligence claim should go to trial
June 18, 2010
Jennifer NelsonThe Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence
following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.
MoreJustices: statements fall within qualified privilege
June 18, 2010
Jennifer NelsonThe Indiana Supreme Court affirmed summary judgment in favor of a company and its employee in a defamation suit because qualified
privilege precludes the defamation action.
MoreSCOTUS rules on Indiana steel plant case
June 17, 2010
Michael HoskinsThe Supreme Court of the United States has ruled on a case about a northern Indiana steel processing plant, overturning the
7th Circuit Court of Appeals and effectively limiting how a federal labor-relations board is able to conduct business regarding
employee and union rights.
MoreCOA upholds stop of teen with gun
June 17, 2010
Jennifer NelsonThe Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his
waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded
the juvenile court’s comments to the teen’s father don’t require a remand.
MoreGaming agents have full police power
June 17, 2010
Jennifer NelsonA gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense
of resisting law enforcement, the Indiana Court of Appeals decided today.
MoreTax court orders USUT refund
June 17, 2010
Jennifer NelsonThe Indiana Department of State Revenue erred in concluding that a natural gas-fired power plant in Terre Haute was subject
to the Utility Services Use Tax, ruled the Indiana Tax Court Wednesday.
MoreCOA reverses modification of juvenile's probation
June 16, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed the order to send a juvenile to prison because the state didn’t present any evidence
to support alleged probation violations to justify the placement modification.
MoreProsecutor candidate indicted for child porn, false informing
June 16, 2010
Jennifer NelsonAttorney and Democratic candidate for Gibson County Prosecutor William R. Wallace III was indicted Tuesday on charges of obstruction
of justice, possession of child pornography, patronizing a prostitute, and false informing.
MoreJudge Magnus-Stinson takes oath
June 15, 2010
IL StaffThe newest judge for the Southern District of Indiana was sworn in Monday to officially become a U.S. District Judge.
MoreCOA: Officer's observation didn't violate man's rights
June 15, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a defendant’s various drug convictions and sentence, finding the police officer
didn’t violate the man’s Fourth Amendment rights by looking in the defendant’s car when trying to serve
a warrant.
MoreSenate confirms Judge Tanya Walton Pratt
June 15, 2010
Michael HoskinsMarion Superior Judge Tanya Walton Pratt has just received confirmation from the U.S. Senate, meaning she'll become state's
first African-American federal judge and one of four female jurists on Indiana's federal bench.
MoreProsecutor in Ford Pinto case dies
June 15, 2010
IL StaffThe Elkhart County prosecutor who took on Ford Motor Co. in criminal court in Indiana died Monday morning. Michael A. Cosentino was 74.
Committee OKs idea of new Indiana federal magistrate
June 14, 2010
Michael HoskinsThe state could be on its way to getting a new federal magistrate in the Southern District of Indiana, the first new magistrate
in more than two decades.
MoreSCOTUS declines New Albany ordinance case
June 14, 2010
Michael HoskinsThe Supreme Court of the United States won’t take a case from New Albany about the city’s battle to close an adult
book and movie store.
MoreCourt: juveniles can be placed on sex offender registry
June 14, 2010
Michael HoskinsThe Indiana Court of Appeals says a ruling by the state justices last year can’t be used to stop juvenile courts from
ordering juveniles to register as sex offenders.
MoreSCOTUS won't take Indiana lab tech case
June 14, 2010
Michael HoskinsThe nation’s highest court won’t take a case from the Indiana Supreme Court, which decided last year that it did
not violate a man’s Sixth Amendment rights for a lab technician who’d processed DNA evidence to not testify at
trial.
MoreCOA refuses to rule defendants get blanket immunity
June 11, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed that an arrestee brought to the hospital by police who was forced to have a catheter to obtain a urine sample can’t sue the health-care providers under the Medical Malpractice Act. The appellate judges also ruled the health-care providers weren’t entitled to blanket immunity.
Senate to vote on Judge Pratt Tuesday
June 11, 2010
Michael HoskinsThe U.S. Senate plans to vote on a Marion Superior judge’s nomination for the federal bench on Tuesday, according to a spokesman in Sen. Evan’s Bayh’s office. Senators agreed Thursday to consider the nomination of Marion Superior Judge Tanya Walton Pratt, whom the president chose in January for the Southern District of Indiana to succeed Judge David F. Hamilton. Judge Hamilton was elevated to the federal appeals bench late last year.
Court rules on liability in nursing home accident
June 10, 2010
Michael HoskinsThe Indiana Court of Appeals today turned to an issue that has been dealt with few times in state court history:
What happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident on the front porch before crashing into the building itself?
MoreWhat happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident on the front porch before crashing into the building itself?
Supreme Court denies transfer to four
June 10, 2010
Rebecca BerfangerThe Indiana Supreme Court denied transfer in four cases June 3. As of today’s Indiana Lawyer daily deadline, the court had not yet posted transfers since those from the week ending June 4.
Judges: no private cause allowed for not reporting abuse, neglect
June 10, 2010
Michael HoskinsStanding behind a decision made by appellate judges about 20 years ago, the Indiana Court of Appeals has again declined to
interpret state statute in a way that allows for a private right of action for failing to report child abuse or neglect.
MoreJustices say sentencing scores can be used
June 10, 2010
Michael HoskinsState trial judges can consider sentencing scores to help tailor penalties to individual defendants, as long as those results
aren’t used as final aggravating or mitigating factors in deciding a penalty length, the Indiana Supreme Court says
MoreJudges uphold sentence increase on appeal
June 10, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion
on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.
MoreCourt rules on literacy program, educational credit time
June 9, 2010
Michael HoskinsWhile applauding a prison inmate for pursuing higher education while behind bars, the Indiana Court of Appeals has determined
that man shouldn’t receive additional educational credit time for a program the state system doesn’t consider
to fit into its definition of “literacy and life skills” programs.
MoreJustices asked to revisit Indian family law
June 9, 2010
Michael HoskinsAt least one Indiana Court of Appeals judge believes the state’s highest court should revisit how it applies a three-decade
old statute to tribal Indian family adoption issues inside Indiana.
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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.