Courts

Supreme Court upholds unemployment insurance decision

December 30, 2011
Michael Hoskins
The Indiana Supreme Court has upheld a Department of Workforce Development decision denying a woman her claim for unemployment insurance benefits after she was terminated for being unable to perform the required skills of her job.
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Justices rule on citizen tip in drunk driving case

December 30, 2011
Michael Hoskins
The Indiana Supreme Court has held that a police officer had reasonable suspicion to make an investigatory stop after receiving from dispatch a concerned citizen’s report of a suspected drunk driver.
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Repeat litigant rebuked by tax court

December 29, 2011
Jenny Montgomery
The Indiana Tax Court has ordered a man to pay the Indiana Department of Revenue attorney fees for pursuing a frivolous claim.
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Judges affirm worker's compensation board ruling

December 29, 2011
Michael Hoskins
The Full Worker’s Compensation Board of Indiana was correct in ordering a business to pay for an employee’s third surgery that resulted from an accident partially caused by a previous work-related injury.
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Court reinstates man's direct appeal

December 29, 2011
Michael Hoskins
The Indiana Court of Appeals has reinstated the direct appeal of a LaPorte County man convicted of felony robbery and attempted robbery in 2004, finding that he should not receive a new trial for receiving ineffective assistance of appellate counsel the first time he tried to challenge his convictions and sentence.
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Justices uphold Indiana robo-calls ban

December 29, 2011
Michael Hoskins
The Indiana Supreme Court has held the state can continue enforcing a ban on automated robo-calls, with four justices finding that enforcement does not violate the Indiana Constitution’s free speech rights.
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Appeals court sides with snubbed relative in estate case

December 29, 2011
IL Staff
The Indiana Court of Appeals has reversed a probate court’s conclusion that a deceased woman’s son lacks standing to contest a settlement agreement.
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Child's disability has no bearing on wrongful death suit filed by adult

December 29, 2011
Jenny Montgomery
A woman who filed a belated wrongful death suit as personal representative for her son’s estate is bound by the two-year statute of limitations, regardless of the fact that her grandchild has a disability.
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COA affirms trial court in felony neglect case

December 29, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a conviction of Class A felony neglect, holding the appellant was unable to prove that he should have been charged with a lesser offense.
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Trial court used wrong legal standard in revoking probation

December 28, 2011
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to use the proper legal standard to determine whether a woman violated her probation when she was arrested for theft. The trial court used a probable cause standard instead of the legal standard of a preponderance of evidence.
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COA orders new trial in resisting law enforcement case

December 28, 2011
Jennifer Nelson
A Marion County judge violated a defendant’s right to due process when it allowed the charge of resisting law enforcement to go to trial even though the defendant showed purposeful discrimination by the prosecution during voir dire, the Indiana Court of Appeals ruled Wednesday.
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High court takes 2 cases

December 28, 2011
IL Staff
The Indiana Supreme Court has taken a counterfeiting case and a case involving credit time that presents an issue of first impression, according to its latest transfer order.
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7th Circuit upholds embezzlement convictions against ex-mayor

December 28, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed ex-East Chicago Mayor George Pabey’s convictions of embezzling government funds and conspiring to embezzle and found the District Court didn’t err when it sentenced him to 60 months in prison.
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Tax Court: tax rate recalculation incorrect

December 28, 2011
Jennifer Nelson
The Indiana Tax Court ruled that a government agency incorrectly calculated a Marion County school district’s capital project fund levy property tax rate for 2011, and it has ordered the Department of Local Government Finance to recalculate the tax rates going back to 2007.
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Supreme Court gives $160,000 for family court projects

December 28, 2011
IL Staff
Sixteen Indiana counties will share $160,000 in grant money from the Indiana Supreme Court to support their local family court projects.
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FedEx wins reversal of jury's $66M award to ATA

December 27, 2011
IBJ Staff
FedEx Corp. has won an appeal that overturns a $66 million verdict in favor of defunct Indianapolis airline ATA Airlines Inc.
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AG to appeal secretary of state ineligibility case

December 27, 2011
IL Staff
Indiana Attorney General Greg Zoeller will appeal on behalf of the Indiana Recount Commission the decision by a judge that found Secretary of State Charlie White ineligible to run for office.
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Appeal planned on judge's order to remove secretary of state

December 23, 2011
Michael Hoskins
Marion Circuit Judge Lou Rosenberg ruled Wednesday that Indiana Secretary of State Charlie White was ineligible to be a candidate for the state office in the November 2010 election because he allegedly committed voter fraud. Now, an appeal is being planned and many believe the case is on a fast-track to the state’s highest court.
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Justices to consider certified question on municipal reorganization

December 23, 2011
Michael Hoskins
The Indiana Supreme Court has accepted a certified question from a federal judge in Indianapolis that asks whether a township can reorganize into a city in a way that deprives some residents of their statutory rights to vote for mayor and city council.
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ACLU says DOC should be held in contempt over kosher meals

December 23, 2011
Michael Hoskins
The American Civil Liberties Union of Indiana is asking a federal judge to hold the state’s Department of Correction in contempt for not offering inmates kosher meals as it had been ordered to do a year ago.
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Judge rules Charlie White ineligible for candidacy

December 22, 2011
Francesca Jarosz
A Marion County judge has ruled that Secretary of State Charlie White was ineligible to be a candidate and the office should go to Democrat Vop Osili, his challenger in the 2010 election.
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7th Circuit rules school provided appropriate public education

December 22, 2011
Jennifer Nelson
Hamilton Southeastern Schools has prevailed on appeal that it does not have to reimburse two parents for their son’s special education at another institution because they claimed the school system wasn’t providing a free appropriate education to their son, who had a traumatic brain injury.
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Ex-Dow Agro scientist receives 7 years for economic espionage

December 22, 2011
IBJ Staff
A federal judge on Wednesday sentenced a former Dow AgroSciences researcher to more than seven years in prison for sending trade secrets worth millions of dollars to China and Germany.
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7th Circuit allows Indiana to enforce ban on out-of-state robo-calls

December 22, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has ruled that Indiana is allowed to enforce the statute that restricts out-of-state robo-calls while an appeal on the issue is ongoing.
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Judge upholds Delaware County smoking ban

December 22, 2011
Jennifer Nelson
Delaware Circuit Judge Marianne Vorhees refused to strike down an ordinance passed this summer by the county commissioners that enhanced the county’s smoking ban by prohibiting smoking in bars and private clubs. In her ruling Wednesday, she said those who are unhappy with the ordinance should use the political process to try to change it.
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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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