Legal News

Court cuts $42.4 million state back pay award

October 8, 2010
Michael Hoskins
The Indiana Court of Appeals today significantly slashed a $42.4 million damages award against the state, cutting the period from which employees can recover back pay from 20 years to about two months.
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Former Florida chief justice to speak on diversity

October 8, 2010
IL Staff
A former chief justice of the Florida Supreme Court, who was on the bench during Bush v. Gore, is the keynote speaker at this year’s President’s Dinner at the Indiana State Bar Association annual meeting in Indianapolis.
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COA rules on military benefits to former spouses

October 8, 2010
Jennifer Nelson
Ruling on the issue for the first time, the Indiana Court of Appeals has held that a military spouse may not, by a post-decree waiver of retirement pay in favor of disability benefits or combat-related special compensation, unilaterally and voluntarily reduce the benefits awarded to the former spouse in a dissolution decree.
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Judge: Girls' basketball games schedule not discriminatory

October 7, 2010
Jennifer Nelson
A federal judge has ruled that 14 school corporations haven’t discriminated against girls’ basketball teams by scheduling more of their games on weeknights instead of weekends as compared to boys’ basketball games.
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Judge Pratt to be officially sworn in Friday

October 7, 2010
IL Staff
The state’s first African-American federal judge will be formally sworn in Friday afternoon at the United States Courthouse in Indianapolis.
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Suit challenges Bible instruction at public school

October 7, 2010
Jennifer Nelson
A mother’s objection to Bible study being taught at her son’s public school has led her to file a lawsuit to stop the religious teaching.
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Court affirms, denies challenge to DNA evidence, new mid-trial witness

October 6, 2010
Elizabeth Brockett
The Court of Appeals today affirmed a man’s convictions and sentence for felony robbery despite his challenge to whether the trial court properly admitted DNA evidence and allowed the testimony of a witness discovered mid-trial.
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BLE executive director appointed to national bar admission council

October 6, 2010
IL Staff
The Indiana Board of Law Examiners executive director has been appointed executive secretary of the Council of Bar Admission Administrators.
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Indiana Supreme Court upholds death sentence

October 5, 2010
Michael Hoskins
The Indiana Supreme Court has declined to grant a twice-convicted death row inmate’s request for a new trial, upholding his convictions and penalty for murders that go back more than a decade.
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Governor: 1-year cooling off period applies to ALJs

October 5, 2010
Michael Hoskins
The governor today fired the state's top utility regulator, citing ethical concerns about how a former Administrative Law Judge presided over cases involving a regulated energy company leading up to his taking a job there.
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High court tackles use-tax issue

October 5, 2010
Elizabeth Brockett
The Supreme Court today ruled that a contribution by a parent corporation to the capital of its subsidiary is not automatically excluded from Indiana use tax.
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Justices disagree on prosecutor's public reprimand

October 5, 2010
Michael Hoskins
The Indiana Supreme Court has publicly reprimanded a lawyer for what happened to his license when he left private practice to become a full-time prosecutor in northwest Indiana, but the disciplinary action has split the state’s justices on whether a more severe punishment was warranted.
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Supreme Court reverses parental-rights termination

October 5, 2010
Elizabeth Brockett
The Indiana Supreme Court reversed a father’s involuntary termination of parental rights today, noting the lack of clear and convincing evidence.
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COA affirms murder conviction, sentence of 14-year-old

October 5, 2010
Rebecca Berfanger
When asked whether the conviction of and sentence for felony murder were appropriate findings for a 14-year-old offender, the Indiana Court of Appeals today affirmed the Marion Superior Court’s decision.
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Hearing officer: prosecutor should get public reprimand

October 4, 2010
Michael Hoskins
Delaware County Prosecutor Mark McKinney should be publicly reprimanded for violating four professional conduct rules in his handling of civil forfeiture matters as a private attorney while simultaneously prosecuting those same criminal defendants, according to hearing officer appointed by the Indiana Supreme Court.
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Supreme Court to rule on priority rights on liens

October 4, 2010
Jennifer Nelson
The Indiana Supreme Court took a case from the Indiana Court of Appeals involving strict foreclosure in which the lower appellate court adopted the reasoning from a federal case to determine priority rights on liens.
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New grant available for Indiana legal history projects

October 4, 2010
IL Staff
If you’ve wanted to print walking-tour brochures or create an oral history of your county’s courthouse, there’s now a grant that can help you achieve that goal.
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COA: Traffic stop allowed in private parking lot

October 4, 2010
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of man’s motion to suppress, finding Indiana Code doesn’t bar law enforcement from investigating violations in private parking lots even if there isn’t a contractual agreement with the property owner to allow officers to enforce traffic ordinances.
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State’s longest-seated chief public defender dies

October 1, 2010
IL Staff
Indiana’s longest-seated chief public defender and the first ever public defender in Porter County died unexpectedly Sept. 29.
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7th Circuit upholds injunction in adult-business ordinance case

October 1, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with a Southern District of Indiana judge who granted a preliminary injunction preventing Indianapolis from enforcing the 2002 ordinance that regulates adult-bookstore business hours.
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High court divided on faulty workmanship coverage under CGL policy

October 1, 2010
Jennifer Nelson
The high court split on whether an “occurrence” under a commercial general liability policy covers an insured contract for faulty workmanship of its subcontractor.
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Majority: warrantless car search OK under automobile exception

October 1, 2010
Jennifer Nelson
The Fourth Amendment doesn’t prohibit a warrantless search of an operational car found in a public place if police have probable cause to believe the car contains evidence of a crime, the Indiana Supreme Court ruled Thursday.
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News Update: Justices rule in favor of casinos

October 1, 2010
Michael Hoskins
The Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card-counters and that problem gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state regulations.
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Court of Appeals upholds Miller estate decision

September 30, 2010
Kathleen McLaughlin
The Indiana Court of Appeals has sided with former Columbus, Ind., banker Will Miller in an estate battle launched by his older brother, Hugh.
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Justices rule in favor of casinos

September 30, 2010
Michael Hoskins
The Indiana Supreme Court has given casinos a double win today, saying the businesses can ban card-counting and also that state statute doesn’t allow patrons to recover for losses they might incur because of problem gambling.
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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