Southern Indiana

Sale to trust creates first impression

December 6, 2010
Jennifer Nelson
A sale of a home to a trust that included disputed errors in a sales disclosure form presented an issue of first impression for the Indiana Court of Appeals Monday.
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Johnsen speaks publicly for first time in 2 years

November 24, 2010
Rebecca Berfanger
Two years ago this month, an Indiana University Maurer School of Law professor was named to the transition team of President Barack Obama, not quite knowing where that experience would lead.
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Fashion show supports charity; international events include Indy professors

November 24, 2010
Rebecca Berfanger
An annual Fashion show and auction in Bloomington helped raise more than $2,000. Two IU - Indy law professors have spoken at international events this month.
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Knox County Bar memorializes lawyer

November 24, 2010
Rebecca Berfanger
The Knox County Bar Association adopted a resolution to memorialize former Indiana State Bar Association president E. Rabb Emison in mid-November.
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Judges reverse support modification for lack of jurisdiction

November 22, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely troubling.”
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Chief’s recusal results in split Supreme Court

November 18, 2010
Michael Hoskins
The same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall T. Shepard.
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Order asks for attorneys, court to use more professionalism

November 1, 2010
IL Staff
The Indiana Supreme Court denied a request for a writ of mandamus Friday, but noted that the attorneys and court involved had failed to act as professionally as they should regarding schedules.
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Judges split on court's role in garnishments with pro se debtors

October 28, 2010
Jennifer Nelson
The Indiana Court of Appeals was divided on whether a trial court should assert exemptions in garnishment actions on behalf of debtors who aren’t represented by counsel.
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Evansville Bar to collaborate with school for history video

October 21, 2010
Rebecca Berfanger
As part of the Evansville Bar Association’s activities to commemorate its 100th anniversary, which will take place as part of their Law Day celebration in April 2011, the Evansville Vanderburgh School Corporation and the EBA announced today they will collaborate on a video of the last 100 years of the legal community in southwestern Indiana.
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COA: Candidate remains on ballot

October 20, 2010
Jennifer Nelson
The Republican winner of the primary election for Indiana House of Representatives District 74 will remain on the ballot for the general election, the Indiana Court of Appeals ruled today.
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SCOTUS declines Indiana death penalty case

October 18, 2010
Michael Hoskins
The nation’s highest court won’t re-consider a ruling by the Indiana Supreme Court late last year that upheld a man’s death sentence and revised its stance on what it means when a jury fails to recommend a unanimous sentence.
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Suit filed following inmate's suicide

October 11, 2010
Jennifer Nelson
A father whose son committed suicide while in a southern Indiana jail has filed a lawsuit against the county and its sheriff.
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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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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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Pre-trial ID of attacker allowed at trial

September 30, 2010
Jennifer Nelson
The trial court didn’t err in allowing a victim’s pre-trial identification of his attacker, the Indiana Court of Appeals ruled today in a matter of first impression.
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7th Circuit hears Cinergy appeal

September 29, 2010
Michael Hoskins
The 7th Circuit Court of Appeals is considering the appeal involving the 2009 retrial on clean-air rule violations at a coal-fired power plant in southeast Indiana.
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Magistrate judge applications due July 14

June 21, 2010
IL Staff
Anyone interested in becoming the newest magistrate judge for the U.S. District Court’s Southern District of Indiana has until July 14 to apply.
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High school basketball stars go on to become Indianapolis attorneys

March 17, 2010
Michael Hoskins
Before they were lawyers, Jeff Oliphant and Tony Patterson were pivotal players in the Hoosier Hysteria that is high school basketball.
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Lecture to focus on mortgage crisis' impact

April 6, 2009
IL Staff
A University of Cambridge legal scholar will offer his thoughts on the U.S. mortgage crisis during the 2009 Snyder Lecture at Indiana University Maurer School of Law  Tuesday.
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COA to hear insurance, attorney fee cases

April 6, 2009
IL Staff
A panel of Indiana Court of Appeals judges will hear arguments Tuesday in Evansville in an insurance coverage case while another panel in Indianapolis will hear arguments in a case involving the division of attorney fees.
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Crisis intervention training set, interest grows

February 20, 2009
Rebecca Berfanger
Two police officers have already been trained to deal with mentally ill people for the Evansville-based Crisis Intervention Team. Now, the Southwestern Indiana Law Enforcement Academy will train approximately 35 others.
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Snow closes some federal, county courts

January 28, 2009
Michael Hoskins
The foot or more of snow dumped on the southern two-thirds of Indiana hasn't stopped some attorneys from making it to their offices today, but it has closed some courts around the state.
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Evansville attorney found dead

December 16, 2008
Jennifer Nelson
An Evansville defense attorney was found dead this morning by police after committing suicide, according to the Vanderburgh County deputy coroner.
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Prominent employment attorney dies

September 16, 2008
Jennifer Nelson
Virginia O'Leary, a prominent employment attorney in southern Indiana, died yesterday at the age of 74. O'Leary spent more than 30 years representing women and minorities seeking equal employment opportunities.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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