Courts
Durham, other guarantors must post collateral on bond
March 19, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals ruled Tuesday that Tim Durham and two other men who promised to indemnify and post collateral
on a surety bond issued by Frontier Insurance Co. must post collateral on that bond.
MoreNursing student loses appeal of dismissal from Purdue
March 19, 2013
Jennifer NelsonA nursing student at Purdue University’s Fort Wayne campus was unable to convince the Indiana Court of Appeals Tuesday
that the university and officials violated her due process rights and breached a contract with her when they dismissed her
from the program due to behavioral difficulties.
MoreJustices take child support case
March 19, 2013
IL StaffThe Indiana Supreme Court granted transfer to just one case last week, a not-for-publication decision out of the Indiana Court
of Appeals dealing with a parent’s financial obligations to his children.
MoreDespite constitutional concerns, judicial nomination bill advances
March 18, 2013
Dave StaffordProposed changes to the panel that recommends judges for the Indiana Supreme Court and Court of Appeals advanced to the House
floor Monday, but not before some lawmakers said they reserved judgment on whether the measure was constitutional.
MoreCOA affirms Pennsylvania proper forum for complaint
March 18, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Monday that a producer of limestone and other products must file its complaint for indemnification
in Pennsylvania based on its contract with a trucking company, and not Lake County, Ind.
MoreJudge says bank can pursue suit against broker
March 18, 2013
Scott OlsonThe Peoples State Bank of Ellettsville can move forward with its lawsuit against broker Stifel Nicolaus & Co., which the
bank claims duped it into investing $13 million in auction-rate securities just before those markets froze up.
MoreEvidence shows stabbing by inmate wasn’t in self defense
March 15, 2013
Jennifer NelsonA Bartholomew County jail inmate had his conviction and sentence for Class B felony aggravated battery upheld Friday by the
Indiana Court of Appeals. The judges ruled the evidence disputes his claim that a fight he got into with a fellow inmate was
in self defense.
MoreJudges affirm reduction of subrogation lien
March 15, 2013
Jennifer NelsonThe Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one
couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to
pay the full amount of the couple’s claim following a car accident.
MoreMan’s statement on drug allowed at trial
March 15, 2013
Jennifer NelsonThe Indiana Court of Appeals held Friday that a trial court did not commit fundamental error in admitting Charles Meriwether’s
statement to police that he had marijuana in his car.
MoreWabash College sophomore will design art project honoring Shepard
March 15, 2013
IL StaffA child’s handprint designed by Wabash College sophomore John Vosel has been chosen as the monument to honor former
Chief Justice Randall T. Shepard in a new Evansville park.
MoreInterviews Monday for St. Joseph judicial opening
March 15, 2013
IL StaffThe St. Joseph Superior Court Judicial Nominating Commission meets Monday to conduct interviews of applicants to fill a vacancy
on the court due to Judge Michael P. Scopelitis’ retirement.
MoreMan must reinstate original complaints for lawsuits to proceed
March 14, 2013
Jennifer NelsonThe Indiana Court of Appeals held Thursday that a man with a propensity to sue over purchases made online may not file a new
lawsuit in Marion County after a similar one was dismissed without prejudice.
MoreCOA affirms angry ex-boyfriend’s battery convictions
March 14, 2013
Jennifer NelsonA northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of
a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s
car with his.
MoreACLU of Indiana claims ordinances on door-to-door canvassing violate First Amendment
March 14, 2013
Jennifer NelsonThe ACLU of Indiana announced Thursday it has filed lawsuits against the town of Yorktown and the city of Jeffersonville because
their ordinances regulating the activities of door-to-door canvassers violate the right to free expression under the U.S.
Constitution.
MoreGerdt Furniture owners embroiled in $4M court fight
March 14, 2013
Scott OlsonA family dispute involving the owners of Gerdt Furniture & Interiors Inc. has led to a lawsuit accusing them of owing
nearly $4 million in unpaid rent and loans.
MoreJudges deny prisoner’s request to appeal without paying fees
March 13, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a man’s argument that he and other prisoners do not need to pay appellate
filing and docketing fees, and so a District Court’s certification of appeal is irrelevant.
MoreWoman suing for unpaid wages passes ‘duck test’
March 13, 2013
Jennifer NelsonIndiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if
it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit
to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the
Wage Payment Act.
More7th Circuit again reverses drug sentence for minor role reduction
March 13, 2013
Dave StaffordA man convicted of a federal charge that he transported drug money will be sentenced a third time after the 7th Circuit Court
of Appeals ruled Tuesday in a nonprecedential opinion that a resentencing the court ordered in 2010 did not sufficiently consider
his minor role compared with conspirators.
MoreHouse Committee approves CHINS bill returning power to prosecuting attorneys
March 13, 2013
Marilyn OdendahlA bill giving prosecuting attorneys the ability to file a Child in Need of Services petition continues to garner strong support
in the Indiana General Assembly.
MoreSpotlight: Change of venue case requires planning, preparation and packing
March 13, 2013
Marilyn OdendahlMoving a trial from one court to another can be cumbersome and brings with it logistical matters that have to be worked out
so the lawyers can focus on presenting their case. Transporting office supplies, reserving hotel rooms, securing conference
rooms and learning the demographics of the community before selecting the jury are among the tasks that have to be addressed.
MoreMoberly breaks barrier on federal bench
March 13, 2013
Dave StaffordIndiana's first female bankruptcy is judge one of two new jurists in the Southern District.
MoreIs COA opinion on threat to judge a threat to rights?
March 13, 2013
Dave StaffordAdvocates say imprisoned blogger's ruling out of the Indiana Court of Appeals imperils the First Amendment.
MoreJustice Clarence Thomas visits Notre Dame Law School
March 13, 2013
IL StaffU.S. Supreme Court Associate Justice Clarence Thomas visited the Notre Dame Law School March 5 and 6 as the Judge James J.
Clynes Jr. Visiting Chair.
MoreSuit against Catholic diocese alleging firing after fertility treatment proceeds
March 12, 2013
Dave StaffordA former teacher who claims her contract at St. Vincent de Paul School in Fort Wayne was not renewed because she underwent
in vitro fertilization treatments may proceed with a suit against the Catholic diocese.
MoreJustices: Evidence of dismissed crimes allowable for post-conviction relief
March 12, 2013
Dave StaffordA Delaware County man who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony
counts was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed, the
Indiana Supreme Court ruled Tuesday.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.