Courts

Justices uphold murderer's convictions

September 28, 2011
Jennifer Nelson
The Indiana Supreme Court has affirmed that a man will serve life in prison without parole for his role in the murders of seven people in Indianapolis in 2006.
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Appeals court reverses judge on visitation ruling

September 28, 2011
Michael Hoskins
The state’s intermediate appellate court has reversed a southern Indiana judge’s ruling that a boyfriend should retain visitation rights over an ex-girlfriend’s child. It ruled that the finding is contrary to law because lawmakers didn’t allow for that type of circumstance to warrant visitation.
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Federal judge finds U.S. law preempts state 'robo-call' statute

September 28, 2011
Michael Hoskins
The state is not able to prevent out-of-state entities from placing political calls to residents within Indiana because of an existing federal law, according to a federal judge’s ruling on Indiana’s auto-dialer statute.
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Indiana asks U.S. Supreme Court to take health care law challenge

September 28, 2011
IL Staff
Indiana and 25 other states have filed a petition for writ of certiorari with the Supreme Court of the United States asking the nation’s highest court to rule on a lawsuit involving the Affordable Care Act.
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Judge sues to prevent local court closure

September 28, 2011
Michael Hoskins
The consolidation is a byproduct of the state judiciary’s reform efforts.
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2 cities face gun-compliance lawsuits

September 28, 2011
Jenny Montgomery
The plaintiffs' attorney says the complaints are inspired by willful disregard of state law.
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Judge: query goes too far

September 28, 2011
Michael Hoskins
Ruling strikes down one Indiana bar exam application question.
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Justices clarify police resistance ruling

September 28, 2011
Michael Hoskins
Emphasizing that it’s not trampling on the Fourth Amendment and allowing police to illegally enter one’s home, the Indiana Supreme Court has revisited a case it decided four months ago and reinforced its ruling that residents don’t have a common law right to resist police entering one’s home.
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Legal community remembers longtime judge

September 28, 2011
Jenny Montgomery
Judge Robert Brown was known for patience and professionalism.
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Mobile devices lighten loads, boost productivity for attorneys

September 28, 2011
Jenny Montgomery
New Albany attorney Derrick Wilson is frequently in the courtroom, and when he needs to check on a fact quickly, he turns to his trusty smartphone.
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'Shadow' jurors outside the box

September 28, 2011
Michael Hoskins
The litigation technique is rare in Indiana.
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Disciplinary Actions - 9/28/11

September 28, 2011
IL Staff
Read who's been suspended or received a public reprimand.
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Settlement resolves casino money cases

September 28, 2011
Michael Hoskins
The six-year casino revenue litigation that sparked multiple lawsuits statewide, went to Indiana’s appellate courts multiple times, and led to legislative initiatives is coming to a close.
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Court OKs access to Odyssey data

September 28, 2011
Michael Hoskins
In an order released Sept. 14, the Indiana Supreme Court detailed the process for obtaining bulk distribution of and remote access to the records of Indiana courts using the Odyssey case management system, which is gradually connecting all of Indiana’s trial courts.
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Township board OKs court move

September 28, 2011
IBJ Staff
The Center Township Board on Sept. 21 approved a plan to move the township’s small claims court from the downtown Indianapolis City-County Building to the Julia M. Carson Government Center despite a judge’s objection.
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Index shows poor voter engagement

September 28, 2011
Jenny Montgomery
On Sept. 14, results of the inaugural Civic Health Index were released to the public. The data shows that while Indiana is on-par with national standards in volunteerism, the state’s voter turnout and registration are among the lowest in the country.
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BLE will strike broad question, revise other

September 27, 2011
Michael Hoskins
The Indiana Supreme Court’s Board of Law Examiners is cutting one controversial question from its annual bar exam application and will revise another in order to comply with a federal judge’s recent ruling.
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Judges rule on issues stemming from cemetery case

September 26, 2011
Jennifer Nelson
The Indiana Court of Appeals ruled on matters involving alleged looting of cemetery funds in two cases Monday, upholding the denial of class certification in one case and adopting a “plain legal prejudice” standard in the other case.
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Justices take attorney fees case

September 26, 2011
IL Staff
The Indiana Supreme Court has granted transfer to a case involving the award of attorney fees to an Indiana town.
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COA: woman not denied right to confrontation

September 26, 2011
Jennifer Nelson
In a woman’s appeal of her prostitution conviction, the Indiana Court of Appeals addressed the right to confront witnesses and its interrelationship with hearsay evidence.
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Supreme Court amends state rules for courts, attorneys

September 23, 2011
Michael Hoskins
Multiple new rule changes will begin next year for the state’s court system, which were announced in a slew of Indiana Supreme Court orders released earlier in the week.
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COA reverses trial court's ruling in favor of attorney

September 23, 2011
Jenny Montgomery
The Indiana Court of Appeals has reversed a trial court’s grant of summary judgment in favor of an attorney who failed to monitor an estate checking account while serving as the estate’s counsel.
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GAL/CASA conference registration deadline Monday

September 23, 2011
IL Staff
Registrations for the 15th annual GAL/CASA statewide conference must by postmarked by Sept. 26. The event is from 9 a.m. to 5 p.m. Oct. 15 at the Indianapolis Marriott East, 7202 E. 21st St., Indianapolis.
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Elements of crimes did not occur in Indiana

September 22, 2011
Jennifer Nelson
The Indiana Court of Appeals ordered that charges be dropped against a pair living in Houston who faced counterfeiting and theft charges, finding the trial court lacked territorial jurisdiction.
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2012 jury pool master list approved

September 22, 2011
IL Staff
The Indiana Supreme Court has approved the 2012 master list for jury pool assembly, ordering courts to use that list instead of directly contacting the Indiana Bureau of Motor Vehicles for data.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. 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)

  4. "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.

  5. 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.

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