Courts

SCOTUS won't consider off-campus school speech

January 17, 2012
Michael Hoskins
The nation’s highest court has declined to take a pair of cases asking whether schools can censor the off-campus behavior of students who post messages or photos against school officials or other students.
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7th Circuit upholds Indiana law on wine shipping

January 17, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has upheld an Indiana statute that prevents alcohol retailers from shipping their products to consumers by using a motor carrier such as UPS, and the state has the authority to regulate those shipments through the 21st Amendment.
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Order requires United Financial to pay court costs

January 17, 2012
Michael Hoskins
The Indiana Supreme Court has ordered United Financial Systems Corp. and its officials to pay the court and a special master $16,003 for the costs associated with an Unauthorized Practice of Law action that has been ongoing for more than three years.
 
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Legislation inspired by Barnes ruling passes Senate committee

January 17, 2012
Jenny Montgomery
A Senate committee voted unanimously to pass a bill that would allow a person to resist the unlawful entry into a dwelling by a law enforcement officer under certain conditions.
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Registration open for Allen County Bench/Bar Conference

January 16, 2012
IL Staff
The Allen County Bar Association will host its Bench/Bar Conference from 8:30 a.m. to 4:30 p.m. Feb. 3 at Grand Wayne Center, 120 W. Jefferson Blvd., Fort Wayne.
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Deputy prosecutor receives public reprimand

January 13, 2012
Michael Hoskins
A Hancock County deputy prosecutor has received a public reprimand from the Indiana Supreme Court for surrendering prosecutorial discretion and allowing a corporate check fraud victim to dictate the terms of restitution as a pre-condition to a plea agreement.
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COA: trial courts can limit administrative review

January 13, 2012
Michael Hoskins
State law allows a trial court to decline to hold a jury trial and limit its review of a local municipality’s administrative decision, according to the Indiana Court of Appeals.
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7th Circuit affirms deputy sheriff's firing

January 13, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has determined the Warrick County Sheriff’s Department didn’t break the law when it fired a probationary deputy sheriff based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job.
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State representative's attacker permanently disbarred

January 13, 2012
Michael Hoskins
The Indianapolis attorney who violently attacked and attempted to kill a state representative has been permanently disbarred by the Indiana Supreme Court.
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Chief Justice Shepard gives final State of the Judiciary

January 12, 2012
Michael Hoskins
Indiana Chief Justice Randall T. Shepard gave his final State of the Judiciary on Wednesday, recapping not only the past 12 months, but also highlighting court initiatives and changes that have occurred during the quarter century he spent as chief justice.
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7th Circuit rules on drug sentences

January 12, 2012
Jennifer Nelson
In a consolidated appeal, the 7th Circuit Court of Appeals upheld one man’s sentence following a guilty plea to drug offenses, but sent the other man’s case back to the District Court to reconsider his sentence in light of United States v. Corner.
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High court reverses habitual offender enhancement

January 12, 2012
Jennifer Nelson
Because the state didn’t offer allowable evidence of a man’s previous theft conviction to support a habitual offender enhancement, the Indiana Supreme Court reversed the enhancement.
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Justices dismiss malpractice complaint appeal

January 12, 2012
Jennifer Nelson
The Indiana Supreme Court has vacated transfer to a case involving a proposed medical malpractice claim, finding that the trial court order at issue is not a final appealable judgment.
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COA affirms murder conviction

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals found the state presented sufficient substantive evidence to establish that a man killed his sister’s boyfriend while staying in her apartment.
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Appellate court upholds easement ruling

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the trial court judgment in favor of the owners of a RV campground regarding an access easement.
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Judges rule on Clark County surveyor's suit

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment for the former Clark County surveyor in his request that he should have been involved in a project involving Lancassange Creek. But the judges reversed summary judgment for the surveyor regarding whether he should have been involved in a project in a subdivision.
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Judges order pharmacy board to respond to subpoena

January 11, 2012
Jennifer Nelson
A Marion Superior trial court erred in granting the Indiana Board of Pharmacy’s motion to quash a defendant’s subpoena that the board produce a certified copy of “any and all” of his prescription records so he could use the information as defense for the charges of possession of a controlled substance, the Indiana Court of Appeals ruled.
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Court upholds summary judgment in favor of New Castle

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed that a contractor and insurance company owe the city of New Castle more than $900,000 in damages and attorney fees for breaching a construction contract.
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COA upholds attorney's 11-year sentence

January 11, 2012
Jennifer Nelson
The Roanoke attorney who stole more than $200,000 from his clients will not have his sentence reduced, the Indiana Court of Appeals decided Wednesday.
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AG asks justices to take secretary of state case

January 11, 2012
IL Staff
The Office of the Indiana Attorney General has asked the Indiana Supreme Court to take the Indiana Recount Commission’s appeal of the finding that Secretary of State Charlie White was ineligible to be on the November 2010 ballot.
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Justices divided on whether accident is covered by policy

January 10, 2012
Jennifer Nelson
The Indiana Supreme Court ruled 3-1 Tuesday that an insurer for the Indiana Youth Soccer Association does not have to provide coverage for an accident involving a Carmel team during a trip to Colorado for a soccer tournament.
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Chief justice to give his final State of the Judiciary

January 10, 2012
Michael Hoskins
Indiana Chief Justice Randall T. Shepard on Wednesday will give his annual State of the Judiciary address to a joint session of the Indiana General Assembly, the final time he will do so before retiring in March.
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Justices take 4 cases

January 9, 2012
IL Staff
The Indiana Supreme Court has accepted four cases on transfer.
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Attorney survey on Marion County judiciary begins

January 9, 2012
Michael Hoskins
Eighteen Marion County judges will be on the ballot in the May 2012 primary. The Indianapolis Bar Association is asking attorneys to voice their opinions about those jurists.
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SCOTUS denies Indiana church dispute

January 9, 2012
Michael Hoskins
The Supreme Court of the United States has declined to take an Indiana case involving a property and trustee election dispute between the Zion Temple Apostolic Church in Gary and the son of the deceased founding pastor.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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