Courts

Man’s Sixth Amendment right not violated

June 8, 2011
Jennifer Nelson
The failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday. However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.
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Judges rule on legal malpractice action

June 8, 2011
Jennifer Nelson
The Indiana Court of Appeals concluded that a man has standing to pursue his legal malpractice action, although issues of material fact preclude him from summary judgment as to the attorney’s liability for malpractice.
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COA: Statute of repose doesn't bar woman's complaint

June 8, 2011
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals concluded that a woman’s negligence complaint isn’t barred by a statute of repose.
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Touched by controversy

June 8, 2011
Michael Hoskins
In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.
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Disconnect between immigrants and the law leads to confusion

June 8, 2011
Jenny Montgomery
After chatting with a colleague, Marion County Deputy Prosecutor Andrew Fogle decided something needed to be done about the relationship between immigrants and law enforcement.
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Justices rule: No right to resist

June 8, 2011
Michael Hoskins
The Indiana Supreme Court caught many people off guard when it abolished the common law right of citizens to reasonably resist police from entering their homes, no matter the situation and regardless of whether the entry is legal.
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Keeping baseball legal

June 8, 2011
Michael Hoskins
An Indianapolis sports law attorney who represented a prosecution witness at the start of the baseball steroid case against Barry Bonds recently saw the final “at bat” for the prosecution and defense in a California courtroom.
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Law firm managers plan for the worst

June 8, 2011
Jenny Montgomery
Like other businesses, law firms know it is vital to be able to serve clients during times of disaster. Locally, many firms have begun developing or have revisited business continuity plans – particularly after 2006 when a strong storm whipped through downtown Indianapolis and shattered the windows in a high-rise building, displacing several law firms.
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New judicial selection battle ahead?

June 8, 2011
Michael Hoskins
Indiana may soon see its next battle over how the state’s top judges are selected.
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Local counsel rule found unconstitutional

June 8, 2011
Michael Hoskins
The 7th Circuit Court of Appeals recently ruled that the Northern District of Indiana was essentially creating a built-in appeal issue on ineffective assistance of counsel, and it called out a senior judge for violating a man’s Sixth Amendment right to choose his own lawyer.
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Southern District lobby hours changing

June 8, 2011
IL Staff
The lobby hours for the clerks’ offices in the United States District Court and Bankruptcy Court in the Southern District of Indiana will be different beginning July 1.
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Clark judges sue over budget cuts

June 8, 2011
Michael Hoskins
Clark Circuit and Superior judges have filed lawsuits against county officials over proposed budget cuts, restarting the kind of litigation that four years ago led to the Indiana Supreme Court’s urging that trial judges work with and share in the financial decision-making process rather than resorting to judicial mandates.
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Closing Indiana's largest MDL line

June 8, 2011
Michael Hoskins
The final case in the Bridgestone/Firestone multi-district litigation has come to a close in the Southern District of Indiana, putting an end to a line of litigation that began more than a decade ago.
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Hearing set for UPL case

June 8, 2011
Michael Hoskins
The Indiana Supreme Court won’t reconsider its 2010 decision ordering United Financial Systems Corp. to refund money for estate planning services it sold, constituting an unauthorized practice of law.
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Disciplinary Action; June 8, 2011

June 8, 2011
IL Staff
Read about disciplinary actions filed by Indiana's Supreme Court.
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Prosecutor's conduct leads to child-molesting conviction reversal

June 7, 2011
Michael Hoskins
The Indiana Court of Appeals said a Tippecanoe County man has the right to a retrial on a child molestation charge because the prosecutor inappropriately vouched for the victim’s credibility and had offered to show the victim a transcript of past statements without the teenager asking for that recollection.
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State trooper sues after incident with city officer

June 6, 2011
Jennifer Nelson
The Indiana State Police detective involved in a physical confrontation with an Indianapolis Metropolitan Police deputy chief in August 2010 in the deputy chief’s office has filed a lawsuit claiming false arrest and assault and battery.
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Justices take state employee back-pay case

June 6, 2011
Jennifer Nelson
The Indiana Supreme Court will hear the case in which past and present state workers were initially granted more than $42 million in damages in their suit to recover back pay. That amount was later reduced by the Indiana Court of Appeals.
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High court to hear insurance, drug, murder cases

June 6, 2011
Jennifer Nelson
The Indiana Supreme Court accepted three cases June 3, including two cases in which the Indiana Court of Appeals were split in their rulings on a drug case and an insurance case.
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Second-in-command becomes acting state public defender

June 6, 2011
Michael Hoskins
State Public Defender Susan Carpenter retired May 31 after nearly three decades in that position, and her chief deputy took charge of the office until the Indiana Supreme Court appoints a successor.
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Family Court Project grant applications available

June 6, 2011
IL Staff
Trial courts interested in earning a Family Court Project grant have until July 1 to apply.
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7th Circuit affirms dismissal of hostile work environment claim

June 3, 2011
Jenny Montgomery
The 7th Circuit Court of Appeals has determined that a woman failed to prove that she was subject to a hostile work environment at Ball State University.
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COA judge issues 8-page criticism of trial court missteps

June 3, 2011
Jenny Montgomery
The Indiana Court of Appeals has reversed a juvenile court’s order of restitution, stating the court failed to investigate the young man’s ability to pay, and that the damage amount could not be determined to be reasonable. Judge Melissa S. May wrote an eight-page separate opinion stating that the trial court’s many errors hampered the COA’s ability to perform its review of the case.
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South Bend school wins national competition; 2013 event to be in Indiana

June 3, 2011
Jenny Montgomery
For the second time in three years, South Bend’s John Adams High School won the annual National High School Mock Trial Championship.
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Event focuses on justice system, youth with disabilities

June 2, 2011
IL Staff
The 9th annual Conference on Health, Disability and the Law at Indiana University School of Law – Indianapolis will examine youth with disabilities in the justice system.
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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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