Courts

COA orders trial court to define, locate easement

May 16, 2011
Jennifer Nelson
A trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled the Indiana Court of Appeals.
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Disciplinary charges filed against Hamilton County judge

May 13, 2011
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has filed disciplinary charges against Hamilton Superior Judge William Hughes. The charges are related to the judge’s arrest for driving while impaired and later guilty plea to misdemeanor reckless driving in North Carolina.
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Governor vetoes forfeiture legislation

May 13, 2011
Jennifer Nelson
Gov. Mitch Daniels has vetoed Senate Enrolled Act 215, which designated what percentage of funds from forfeitures would go to prosecutors, law enforcement, and the Indiana Common School Fund.
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Perry County only preferred venue for wage suit

May 12, 2011
Jennifer Nelson
In an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed by the Commissioner of Labor under the act.
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Justice: Ruling lets government agents enter homes illegally

May 12, 2011
Jennifer Nelson
Two Indiana Supreme Court justices dissented from their colleagues in a case involving the right to resist unlawful police entry into a home, with one justice writing that he believes the majority is “essentially telling Indiana citizens that government agents may now enter their homes illegally.”
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Justices divided on whether case should be before Tax Court

May 12, 2011
Jennifer Nelson
The Indiana Supreme Court split Thursday on whether the attorney general’s attempt to recover an erroneously issued “tax refund” to a company should proceed in state court or in the Indiana Tax Court.
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Schools dropping school-funding lawsuit

May 12, 2011
Jennifer Nelson
The three Indiana school districts and parents who filed a lawsuit against the governor and other state officials over school funding are dropping the suit due to recent legislative action.
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7th Circuit rules in favor of bank in lien dispute

May 11, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals had to decide whether the relevant property in a dispute between a bank and the Internal Revenue Service was the real estate the bank owned or if it was the rentals of that property. Whether the IRS’ tax lien could take priority over the bank’s lien hinged on the answer.
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Planned Parenthood's request for restraining order denied

May 11, 2011
Jennifer Nelson
Judge Tanya Walton-Pratt has denied Planned Parenthood of Indiana's request for a temporary restraining order barring the enforcement of a law signed by Gov. Mitch Daniels on Tuesday.
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High court vacates transfer order

May 11, 2011
IL Staff
The Indiana Supreme Court has decided not to accept transfer of a Marion County woman’s invasion of privacy case.
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Governor signs courts, judicial age bills

May 11, 2011
IL Staff
Gov. Mitch Daniels has signed into law changes to various courts around the state, as well as the legislation that removes age restrictions of certain judges who run for office.
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Enduring legal process doesn't change parents' desire for justice

May 11, 2011
Michael Hoskins

For 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.

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Immigration bill could bring Indiana into the national spotlight

May 11, 2011
Jenny Montgomery
On May 9, Indiana was still awaiting word about whether Gov. Mitch Daniels would sign Senate Enrolled Act 590. After a protracted volley between the House and Senate, the bill designed to crack down on illegal immigration passed on April 29, its language considerably altered from the introduced version.
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State death penalty cases averaged 17 yearsRestricted Content

May 11, 2011
Michael Hoskins
When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.
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Mental aspect of capital cases can be challenging

May 11, 2011
Michael Hoskins
When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.
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Bills on courts, forfeiture before governor

May 11, 2011
Jennifer Nelson
Several Indiana counties will have their Circuit and Superior courts unified and certain judges will no longer have to be less than 70 years old when they take office, thanks to legislation passed during the 2011 session of the General Assembly.
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Disciplinary actions - 5/11/11

May 11, 2011
IL Staff
Read about disciplinary actions imposed by the Indiana Supreme Court.
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Judge David Dreyer: Law is about people, emotion and allRestricted Content

May 11, 2011
David Dreyer
My daughter lives in Oregon but she never calls. But the other night she did text. Of course I did not find it until later, and it simply reported in plain terms the largest historical event of her young adult life. No glee, no joy, just a simple statement about what happened in Pakistan. But I have not been able to stop thinking what made it so important to contact her parents.
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Judge rejects plea for former physician

May 11, 2011
Michael Hoskins
U.S. Judge Philip Simon in the Northern District of Indiana rejected a plea agreement on April 27 for former physician Mark Weinberger, who faces at least 22 criminal counts of billing insurers and patients for procedures he didn’t perform.
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Supreme Court splits on Barrett Law sewer payment case

May 10, 2011
Michael Hoskins

A divided Indiana Supreme Court has ruled that the City of Indianapolis didn’t violate the constitution by refusing to grant some homeowners’ refund requests for sewer project assessments they’d paid in full when other homeowners who’d made partial installment payments had the remaining balance of assessments owed discharged.

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COA reverses denial of translated version of hearing

May 10, 2011
Jenny Montgomery
The Indiana Court of Appeals ruled that the post-conviction court abused its discretion when it denied a woman’s request to have access to the electronic recording of her guilty plea hearing.
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Justices rule on 'no-knock' warrant executions

May 10, 2011
Jennifer Nelson
The Indiana Constitution doesn’t require prior judicial authorization for a “no-knock” execution of a warrant when justified by exigent circumstances, the Indiana Supreme Court held Tuesday. This is the case even if those circumstances are known by police when the warrant is obtained.
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COA affirms remanded sentence

May 9, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other convictions.
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Judge rules against former deputy in Taser suit

May 9, 2011
Jennifer Nelson
A federal judge has ruled in favor of the Hamilton County sheriff and other officials in a former employee’s lawsuit filed after the employee was fired for refusing to be shocked by a Taser as part of a training session.
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Justices take felony murder, child support cases

May 9, 2011
Jennifer Nelson
The Indiana Supreme Court has granted transfer to two cases - a convicted murder’s appeal and a case involving child support nonpayment.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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