Courts

TV drug court raises ethical concerns

October 12, 2011
Jenny Montgomery
Reporter Jenny Montgomery writes about a new TV drug court.
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Guidance offered on incarcerated parents' attendance at termination hearings

October 11, 2011
Michael Hoskins
Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.
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Justices take FSSA reimbursement case

October 11, 2011
IL Staff
The Indiana Supreme Court has granted transfer to a case in which the Indiana Court of Appeals ordered a state agency to pay a long-term care facility after the agency terminated its contract with the facility.
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SCOTUS won't take Indiana bar exam case

October 11, 2011
Michael Hoskins
The Supreme Court of the United States has declined to take several Indiana cases, including a federal suit against the state’s Board of Law Examiners filed by a man who wants to take the bar exam without going to law school.
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Deadline approaching for criminal justice grant

October 10, 2011
IL Staff
On Sept. 30, the Bureau of Justice Assistance announced an award of $4,423,859 for the Indiana Criminal Justice Institute Edward Byrne Memorial Justice Assistance Grant (JAG). The deadline to apply for JAG funds is Oct. 31.
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COA affirms jury's rejection of insanity defense

October 7, 2011
Jenny Montgomery
The Indiana Court of Appeals has sided with a jury in rejecting a man’s insanity plea, holding that even when crimes seem horrific and senseless, that does not mean the perpetrator is legally insane.
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'Best Practices' will not advance to rulemaking stage

October 7, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard signed an order Oct. 7 stating that rather than advance the Mortgage Foreclosure Best Practices to the rulemaking stage, the court will oversee the guidelines, updating them as needed.
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Attorney must register as a sex offender

October 7, 2011
Jennifer Nelson
An attorney and former Democratic candidate for Gibson County prosecutor indicted on charges including possession of child pornography and false informing, entered into a plea agreement Tuesday that wouldn’t have required he register as a sex offender. After further review, the trial judge realized Indiana law requires him to do so.
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New bankruptcy rules effective Oct. 11

October 7, 2011
IL Staff
The United States Bankruptcy Court, Southern District of Indiana, issued an order Oct. 5 amending local bankruptcy rules.
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COA: Remonstrators didn't request timely stay of annexation

October 6, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.
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Deputy owed no duty to warn of icy road

October 6, 2011
Jennifer Nelson
A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.
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Justices take certified questions

October 5, 2011
Jennifer Nelson
The Indiana Supreme Court has accepted three certified questions stemming from a case in the Southern District of Indiana.
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Judges extend due process safeguards regarding interpreters to civil cases

October 4, 2011
Jennifer Nelson
A trial court must take the same steps in a civil action as it does in a criminal action regarding the use of an interpreter in order to address due process concerns, the Indiana Court of Appeals held for the first time Tuesday.
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Pro bono award winners announced

October 4, 2011
IL Staff
An attorney who made significant contributions in pro bono service will receive a posthumous honor on Oct. 21.
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Appellate judges will hear arguments in East Chicago

October 4, 2011
IL Staff
A panel of Indiana Court of Appeals judges will travel to northern Indiana Thursday to hear the appeal of a man convicted of attempted murder.
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SCOTUS doesn't take any Indiana cases

October 3, 2011
Michael Hoskins
The Supreme Court of the United States has declined to take several Indiana cases, including a criminal appeal about whether a stun belt restraint on a defendant during trial and sentencing is prejudicial.
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PACER fee increase begins April 2012

October 3, 2011
IL Staff
The 2-cent increase per page to access electronic information on the Public Access to Court Electronic Records system will take effect April 1, 2012. The Judicial Conference of the United States authorized raising the fee to 10 cents a page to cover maintenance costs as well as to enhance the system.
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Judges uphold admission of robbery confession

October 3, 2011
Jennifer Nelson
A trial court did not err in admitting evidence of uncharged misconduct from another incident during a defendant’s trial for robbery, the Indiana Court of Appeals ruled Monday. The evidence contained a letter that helped corroborate the man’s confession to the robbery.
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Commission urges discipline for former Marion County prosecutor

September 30, 2011
Michael Hoskins
The Indiana Supreme Court’s Disciplinary Commission wants the state's highest court to find former Marion County Prosecutor Carl Brizzi committed misconduct when he made statements about two high-profile cases he handled as prosecutor.
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Justices agree subsidiaries are not new employers

September 30, 2011
Jennifer Nelson
Emphasizing its ruling only deals with determining the proper merit rate for unemployment fund contributions, the Indiana Supreme Court ruled a manufacturer did not create employers through its new subsidiaries, so it wasn’t entitled to a lower rate.
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Bankruptcy judges relocating

September 30, 2011
IL Staff
Beginning in October, three of the bankruptcy judges in the Southern District of Indiana will be relocating their courtrooms because of construction at the Birch Bayh Federal Building and United States Courthouse.
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SJCBA releases results of judicial survey

September 30, 2011
IL Staff
The St. Joseph County Bar Association has released the findings of its annual survey of Superior judges. The bar association conducts the survey each year even if no judges are up for retention, which is the case for 2011.
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Appellate court to visit southern Indiana Oct. 4

September 30, 2011
IL Staff
Two panels from the Indiana Court of Appeals will hear arguments at universities in southern Indiana next week.
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Justices suspend attorney for collecting 'exploitive fee'

September 29, 2011
Jennifer Nelson
The Indiana Supreme Court has suspended an Indianapolis attorney after finding he engaged in attorney misconduct by collecting a “clearly unreasonable and exploitive fee” from a vulnerable client.
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Court: CHINS fact-finding hearing required by due process

September 28, 2011
Michael Hoskins
The Indiana Court of Appeals disagrees with the state Department of Child Services that fact-finding and dispositional hearings in a child in need of services case are interchangeable. The appellate panel has ruled a Marion County father’s due process rights were denied because he didn’t receive the opportunity for a fact-finding hearing.
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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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