Courts

Man can't challenge motion after guilty plea

December 8, 2008
Jennifer Nelson
A defendant who pleaded guilty to a drug charge can no longer challenge the trial court denial of his pretrial motion to suppress, affirmed the Indiana Court of Appeals today.
More

Court: Lawyer necessary in federal litigation

December 5, 2008
Jennifer Nelson
Although the 7th Circuit Court of Appeals affirmed the convictions of a defendant and his company for violations of the Clean Water Act in an unpublished opinion today, the appellate court wrote a separate opinion to discuss the issue of whether a limited liability corporation can proceed pro se in federal litigation if an attorney had already worked on the case.
More

Judges disagree on public intox conviction

December 5, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a woman's conviction of public intoxication, but the judge dissenting in the case believed the majority reweighed the credibility of the witnesses and their testimony to reach their decision.
More

Man can't collaterally attack sentence again

December 4, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under the same section.
More

Soldiers sue contractor for toxic exposure in Iraq

December 4, 2008
Jennifer Nelson
Sixteen members of Indiana National Guard have filed a lawsuit against a Texas-based contractor working in Iraq for exposing the soldiers to a toxic chemical known to increase the risk of developing cancer.
More

Supreme Court honors longtime employees

December 3, 2008
IL Staff
The Indiana Supreme Court this afternoon honored 15 employees who have spent 10 to 30 years working in the judicial branch. It's a tradition for the high court to honor the long-serving employees of the courts with a plaque commemorating their loyalty.
More

High court to hear school funding, warrant cases

December 3, 2008
Jennifer Nelson
The Indiana Supreme Court will hear arguments Thursday in two cases, including one regarding the state's school funding system.
More

Court implements new staff training

December 3, 2008
IL Staff
The Marion Superior Court has started a new continuing court education program for its employees as part of an ongoing effort to better serve staff and the community. The training was the first in a series of mandatory sessions planned for 2009.
More

Law doesn't contain presumption on negligence

December 2, 2008
Jennifer Nelson
The Indiana Court of Appeals found a trial court committed a reversible error when it instructed a jury that Indiana law has a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent. The ruling came in a suit against a school for the death of a student.
More

Termination of rights affirmed despite error

December 2, 2008
Jennifer Nelson
A trial court erred when it failed to follow Indiana Code in a termination of parental rights hearing, the Indiana Court of Appeals ruled today. Because the appellate court found the error to be harmless, it affirmed the involuntary termination of a father's parental rights.
More

Gov. names judge to new Miami Superior Court

December 2, 2008
IL Staff
Miami Superior Judge Daniel C. Banina has been appointed by Gov. Mitch Daniels as judge of the newly created Miami Superior Court II. Judge Banina will become judge of the new court Jan. 1.
More

Judge: Attorney can't sue using pseudonym

December 1, 2008
Jennifer Nelson
A Northern District magistrate judge has again denied an attorney's motion to proceed with a lawsuit under a pseudonym, finding the type of injury the attorney may suffer as a result of suit doesn't rise to the level to justify anonymity.
More

Investiture for St. Joseph judge Friday

December 1, 2008
IL Staff
Recently appointed St. Joseph Superior Judge Margot F. Reagan will officially take the bench Dec. 5 with a 4 p.m. robing ceremony in the Superior Court courtroom in the St. Joseph County Courthouse.
More

State can increase withholding without order

November 26, 2008
Jennifer Nelson
The Indiana Court of Appeals examined the state's code regarding the limits of a withholding amount in child support arrearage, and acknowledged that its interpretation of the statute allowing the state to increase the amount without a court order "may cause some concern."
More

Riverboat not covered by Jones Act

November 25, 2008
Jennifer Nelson
A casino riverboat that is indefinitely moored to the shore isn't considered a vessel in navigation under the federal Jones Act, so a riverboat worker can't bring a claim for compensation of injuries under the act, the Indiana Court of Appeals ruled today.
More

COA: Expenses apply under penalty period

November 25, 2008
Jennifer Nelson
The Indiana Court of Appeals ruled in favor of a woman who wanted her out-of-pocket payments to a nursing facility allowed as a spend-down expense, finding the Indiana Family and Social Services Administration's denial of her request would penalize her twice.
More

Study to examine trial court reform

November 24, 2008
IL Staff
The Indiana Supreme Court's Division of State Court Administration is working with the Indiana University Center for Urban Policy and Environment to study ways to make the state's trial courts more equitable and efficient.
More

Police not responsible for woman's murder

November 24, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the dismissal of a woman's lawsuit against Vanderburgh County officials following the death of her daughter because there isn't a federal constitutional right to be protected by the government against private violence when the government isn't complicit.
More

Commission wants judge suspended now

November 24, 2008
Michael Hoskins
The Indiana Judicial Qualifications Commission agrees with a three-masters panel that a Marion Superior judge should be removed from the bench but wants him immediately suspended while the Indiana Supreme Court considers his final punishment.
More

Judgment for prison employees affirmed

November 21, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of prison employees in an inmate's Eighth Amendment violations suit, finding the inmate's lack of cooperation in providing details of threats against him prohibited the officials from protecting him from an attack by another inmate.
More

High court's e-ticket wins first place award

November 21, 2008
IL Staff
The Indiana Supreme Court's electronic Citation and Warning System won first place in the Cygnus 2008 Innovation Award for Software at the International Association of Chiefs of Police Conference in San Diego earlier this month, the court announced today.
More

Court sanctions Allen County judge

November 21, 2008
Michael Hoskins
The Indiana Supreme Court has suspended Allen Superior Judge Kenneth R. Scheibenberger for three days without pay as part of an agreement to resolve a judicial misconduct action.
More

Ukrainian judges observe Indiana legal system

November 21, 2008
IL Staff
Five Ukrainian judges have been in central Indiana this week examining the U.S. judicial system.
More

Woman sues BMV over vanity plate denial

November 19, 2008
Jennifer Nelson
The Indiana Bureau of Motor Vehicles is again involved in a lawsuit involving the use of "God" on a license plate.
More

Man not fired for being 'whistle-blower'

November 19, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a plaintiff's former company, finding no evidence the company fired him in retaliation for being a whistle-blower.
More
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT