Courts

Appellate Clerk's Office no longer sending rulings via the Postal Service.Restricted Content

February 3, 2010
Michael Hoskins
Appellate attorneys no longer receive a mailed hard copy of any order issued by Indiana's highest courts. Instead, those lawyers are now receiving documents in an e-mail.
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Courts coping with tough timesRestricted Content

February 3, 2010
Michael Hoskins
No one needs to tell Johnson Circuit Judge Mark Loyd how tough times are for the state's court system.
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Court considers broadening emotional distress 'Bystander Rule'Restricted Content

February 3, 2010
Rebecca Berfanger
Parties are waiting for the Supreme Court's decision following arguments in November in a case where a trial court granted and the Court of Appeals affirmed an award for emotional distress above and beyond the capped amount in the Adult Wrongful Death Statute as defined by Indiana Code 34-23-1-2.
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COA rules on service of summons issues

February 3, 2010
Jennifer Nelson
The Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the servicing parties needed to do more to ensure the recipients actually get notice.
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Judges affirm finding teen is a CHINS

February 2, 2010
Jennifer Nelson
The Indiana Court of Appeals upheld the finding that a 17-year-old is a child in need of services, ruling that evidence of her drug test wasn't irrelevant and was properly admitted by the trial court.
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Appeals court split on parol evidence issue

February 1, 2010
Jennifer Nelson
Judges on the Indiana Court of Appeals were split on whether a boss's oral promise to a future employee regarding a severance package would be barred from consideration by the parol evidence rule.
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Judge unsure about ACLU student chapter

February 1, 2010
Michael Hoskins
An Indianapolis-based federal judge wants to know more before he decides whether a student chapter of the American Civil Liberties Union of Indiana has standing to seek class certification in a lawsuit against the Indiana Board of Law Examiners.
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COA differs on why no insurer duty to defend

January 29, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges agreed that two insurance companies are entitled to summary judgment, but the judges disagreed as to why the insurers owed no duty to defend.
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COA to visit high school for arguments Tuesday

January 29, 2010
IL Staff
The Indiana Court of Appeals travels to an Indianapolis high school Tuesday for arguments in case involving a robbery of a pharmacy.
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COA: lawyer-client privilege protects information

January 28, 2010
Jennifer Nelson
A defendant's belief that his right to seek exculpatory evidence trumps the attorney-client privilege is incorrect, the Indiana Court of Appeals ruled today.
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Justices: Agreement was impermissibly modified

January 28, 2010
Jennifer Nelson
A LaPorte Superior judge made an impermissible modification to a divorced couple's settlement agreement by giving the bank's lien on the family farm priority over the ex-wife's lien, the Indiana Supreme Court ruled today.
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COA reverses 4 attempted robbery convictions

January 27, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed four convictions of attempted robbery after finding the evidence didn't support a reasonable inference that the defendant intended to rob each of the alleged victims.
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County immunity in weather-related accident

January 27, 2010
Jennifer Nelson
The Indiana Supreme Court affirmed summary judgment for a county sued as a result of a weather-related accident, holding government liability immunity in steps taken as a result of the weather lasts until at least the weather condition has stabilized.
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COA affirms mentally ill man's murder conviction

January 27, 2010
Jennifer Nelson
The Indiana Court of Appeals was compelled today by Indiana Supreme Court precedent to affirm a murder conviction for a man who was found guilty but mentally ill.
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'Quality of care' at stake in DCS rate-cut caseRestricted Content

January 27, 2010
Jennifer Nelson
The federal judge who granted a preliminary injunction in the combined suits against the Department of Child Services for cutting reimbursement rates for adoptive and foster parents and child care agencies found the quality of care for children would suffer if the rate cuts stood.
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Indiana attorney set for SCOTUS Wednesday

January 27, 2010
Michael Hoskins
A Terre Haute attorney is making his sixth argument before the nation's highest court Wednesday, but his first before the newest justice. This time he's there on a case that could ultimately change campaign-finance disclosure rules nationally.
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Court commissioner publicly admonished

January 26, 2010
Jennifer NelsonMore

Immunity extends to underlying diagnoses

January 26, 2010
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals concluded that a hospital's statutory immunity for reporting suspected child abuse to authorities extends to its underlying diagnosis.
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Justices take question on salvage statute

January 25, 2010
Jennifer Nelson
The Indiana Supreme Court has accepted a certified question from the 7th Circuit Court of Appeals about a statute on salvage titles that the federal court deemed ambiguous.
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High court grants transfer to voter ID case

January 25, 2010
Jennifer Nelson
The Indiana Supreme Court will decide whether the state's voter identification law violates the Indiana Constitution.
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Masters appointed in cases of 2 judges

January 25, 2010
Jennifer Nelson
The Indiana Supreme Court has appointed masters to the disciplinary cases of Bicknell City Court Judge David A. Moreland and LaPorte Superior Judge Jennifer Evans Koethe.
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COA: Parole revocation not unconstitutional

January 25, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed that the decision to revoke a defendant's parole because he refused to take a polygraph test wasn't based on an impermissible ex post facto application of state statute.
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Senate gets resolution on marriage, civil unions

January 22, 2010
Michael Hoskins
The Senate Judiciary Committee spent most of its time this week discussing the definition of marriage in Indiana and whether a constitutional amendment should be sent to voters to make it tougher for courts and legislators to rewrite how they handle both gay marriage and civil unions.
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Justices abandon 'mere possession' rule

January 22, 2010
Jennifer Nelson
The Indiana Supreme Court's decision Thursday abandoned the "mere possession rule" when it comes to convictions of theft and receiving stolen property and restored the state's original view that the possession of recently stolen property should be considered with other evidence in the case.
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High court takes sentence-review case

January 22, 2010
Jennifer Nelson
The state's highest court has decided to take a case in which a defendant questioned whether the appellate review of a sentence should consider the suspended portion of a sentence as qualitatively different from the executed portion when determining if a sentence is inappropriate.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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