Legal News

State says goodbye to its first tax judge

December 22, 2010
Michael Hoskins
Retiring Indiana Tax Court Judge Thomas G. Fisher received a warm goodbye at a send-off ceremony Dec. 17, as the state recognized the solid and nationally recognized body of caselaw that Indiana’s first appellate tax judge created during his 24 years on the bench.
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Law firm evolution hints how Evan Bayh could follow in his father's footsteps - again

December 22, 2010
Michael Hoskins
It all began with three prominent attorneys 30 years ago.
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Indiana BLE executive director resigns

December 22, 2010
Michael Hoskins
After three years of being in charge of the Indiana Board of Law Examiners, a state court staff attorney has resigned, and the search for a new leader is under way.
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Court examines statute about paternity, child support

December 21, 2010
Michael Hoskins
The Indiana Court of Appeals ruled on a matter of first impression today, analyzing a specific state statute relating to how a court can cancel child support arrearage after a man’s paternity is vacated based on new genetic testing.
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Justice's first ruling affirms murder convictions, life sentence

December 21, 2010
Michael Hoskins
Indiana Supreme Court Justice Steven David issued his first decision as a member of the state’s highest court, affirming a life without parole sentence in a murder case out of Hamilton County.
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Southern District rules amended

December 21, 2010
IL Staff
Several Local Rules of the United States District Court for the Southern District of Indiana have been amended. The changes are effective Jan. 1.
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6 counties get federal grant for drug courts

December 21, 2010
IL Staff
Drug courts in Delaware, Marion, Monroe, Spencer, Vanderburgh, and Vigo counties will share $1 million from a Bureau of Justice Assistance Drug Court Discretionary Grant, the Indiana Supreme Court announced today. The award will help courts increase graduation rates and lower recidivism.
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High court denies rehearing

December 20, 2010
Jennifer Nelson
A split Indiana Supreme Court has denied rehearing a case involving faulty workmanship being covered under a commercial general liability policy.
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Judge donates SCOTUS items to law school

December 20, 2010
IL Staff
An Indiana Court of Appeals judge has found a new home for his extensive collection of United States Supreme Court memorabilia: Indiana University Maurer School of Law.
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Justices take 3 cases

December 20, 2010
IL Staff
The Indiana Supreme Court has granted transfer to three cases, including one of first impression involving Indiana’s victim-advocate privilege.
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Justices split over IHSAA athlete eligibility ruling

December 20, 2010
Jennifer Nelson
Indiana’s justices couldn’t agree on whether they should even rule on a case involving an athlete’s eligibility in high school when the girl is now playing college basketball.
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Former Marion County prosecutor spokesman pleads guilty

December 20, 2010
Jennifer Nelson
A former spokesman for the Marion County Prosecutor’s Office has pleaded guilty to a drunk driving charge and been sentenced to jail.
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Judges: DNA admittance was harmless error

December 17, 2010
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time today the admissibility of DNA evidence when a defendant can’t be excluded from a possibly infinite number of people matching the crime-scene DNA.
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Dinsmore sworn in as magistrate

December 17, 2010
IL Staff
Mark J. Dinsmore took the oath today to become the U.S. District Court, Southern District of Indiana’s newest magistrate judge. Magistrate Judge Dinsmore was sworn in by Chief Judge Richard L. Young at the Birch Bayh Federal Building and United States Courthouse in Indianapolis.
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PCR 2 not available for probation revocation orders

December 17, 2010
Jennifer Nelson
Post-Conviction Rule 2 is not available for belated appeals of probation revocation orders, the Indiana Court of Appeals concluded.
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Justices vacate adoption decree

December 17, 2010
Jennifer Nelson
The Indiana Supreme Court ordered the adoption decree granted to paternal grandparents be vacated because they didn’t perform a diligent search for the biological mother.
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Unsuccessful Medicaid applicants aren't entitled to in-person hearing

December 16, 2010
Jennifer Nelson
People whose applications have been denied for Medicaid disability benefits do not have a constitutional right to an in-person administrative hearing, the Indiana Court of Appeals has ruled.
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Judges split on approving high-cost retraining tuition

December 16, 2010
Jennifer Nelson
A panel of judges on the Indiana Court of Appeals couldn’t agree on whether a laid-off man’s request for training at an expensive college should be approved.
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Judge appoints former justice as trustee over Simon estate

December 16, 2010
Cory Schouten
A Hamilton County judge has ordered Bren Simon removed as personal representative and interim trustee over her late husband's estate, replacing her with a retired justice of the Indiana Supreme Court.
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Justices divided on firearm 'use' sentencing

December 15, 2010
Michael Hoskins
A divided Indiana Supreme Court has held that state statute dictates that the use of a firearm can be the grounds for a sentence enhancement that doesn’t constitute a double jeopardy violation.
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South Bend federal judge rules on FedEx class action litigation

December 15, 2010
Michael Hoskins
A federal judge in South Bend has issued a significant 182-page opinion that holds FedEx drivers nationwide are independent contractors rather than employees entitled to back pay and full benefits.
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High court reverses tax decision

December 15, 2010
Jennifer Nelson
An owner of leased property must prove it possesses an exempt purpose separate and distinct from the exempt purpose of its lessee to be entitled to statutory exemption, ruled the Indiana Supreme Court in a decision reversing the Indiana Tax Court.
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Judges affirm complaint is time-barred

December 15, 2010
Jennifer Nelson
Although a trial court shouldn’t have adhered to its local rule because it failed to achieve “the ultimate end of orderly and speedy justice,” the Indiana Court of Appeals affirmed the lower court’s finding that a woman’s claim against her deceased husband’s former employer was time-barred.
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Madison County joins Odyssey system

December 15, 2010
IL Staff
Madison County is the latest county to go online with the Indiana Supreme Court’s Odyssey case management system. The system connects counties to a network of courts, clerks, law enforcement, and other state agencies.
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Judge Mathias recognized for civics education

December 15, 2010
IL Staff
Indiana Court of Appeals Judge Paul D. Mathias received the Indiana Bar Foundation’s William G. Baker Award Dec. 12 for his work with civics education. Judge Mathias was cited for his work with the We the People program at the state level and in the 3rd Congressional District in Northeast Indiana.
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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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