Courts

5 lawsuits keep marriage debate alive in Indiana

March 26, 2014
Marilyn Odendahl
The attorney general says he will defend the Indiana Defense of Marriage Act unless the Supreme Court of the United States rules otherwise.
More

Innocent co-insureds looking for protection

March 26, 2014
Marilyn Odendahl
Advocates in Indiana fighting for “innocent co-insured” protections say they will continue to ask the Legislature to create a new law after court challenges fall short.
More

Former GM plant endorsed for criminal justice complex

March 26, 2014
Dave Stafford
As leaders’ support tentatively coalesced around a preferred site for a new Marion County Jail and Criminal Justice Complex just west of downtown Indianapolis, they got an earful from neighbors opposed to the plan.
More

Court of Appeals changes from minority to majority approach in construction contract dispute

March 26, 2014
Marilyn Odendahl
A fire during a renovation project that devastated a southern Indiana courthouse ignited a dispute between the county and the contractor that persuaded the Indiana Court of Appeals to reverse course and adopt a new approach to interpreting construction contracts.
More

Palladium construction lawsuits costing panel millions

March 26, 2014
Andrea Muirragui Davis
The cash-strapped Carmel Redevelopment Commission has spent more than $6 million since 2009 “responding to, defending and settling” legal claims from contractors involved in construction of the city’s Palladium concert hall, according to filings in Hamilton Superior Court – and the meter is still running.
More

General Assembly, Supreme Court ponder big changes for small claims

March 26, 2014
Dave Stafford
A national nonprofit organization has been tasked with a fresh study of Marion County’s troubled township small claims court system, while a bill that passed the General Assembly has implications for small claims courts around the state.
More

Clark County drug court gets conditional approval

March 26, 2014
Dave Stafford
Clark County Drug Treatment Court participants will continue with programs diverting their criminal cases in favor of treatment, but it’s uncertain whether the troubled program may ever again serve people arrested on nonviolent drug charges.
More

Disciplinary Actions - 3/26/14

March 26, 2014
IL Staff
Read who's been held in contempt of court and who has resigned recently.
More

Two traffic stops and two motions to suppress result in two different rulings

March 25, 2014
Marilyn Odendahl
A pair of opinions from the Indiana Supreme Court examines two Terry stops made by police officers and through opposite rulings emphasizes law enforcement must have reasonable suspicion to pull over a driver.
More

Indiana among 20 states joining ‘Four Loko’ settlement

March 25, 2014
IL Staff
A maker of caffeinated alcoholic beverages including such brands as “Four Loko” accused of marketing its products to promote the misuse of alcohol and appeal to underage drinkers has settled a complaint brought by New York Attorney General Eric Schneiderman and joined by 19 other state attorneys general, including Indiana’s Greg Zoeller.
More

Vehicle forfeiture order affirmed despite state’s yearlong delay

March 25, 2014
Dave Stafford
A convicted cocaine dealer failed to convince a panel of the Indiana Court of Appeals that summary judgment forfeiture of his yellow 2004 Hummer was a violation of trial rules, even though the state’s motion for summary judgment was in response to a court show cause order due to case inactivity for more than a year.
More

IU Maurer professor argues ACA contraception mandate benefits women’s health and economic stability

March 25, 2014
IL Staff
Another battle over the Affordable Care Act goes before the Supreme Court of the United States today as the justices hear two cases challenging the contraception coverage mandate in the health care law.
More

COA voids rehabilitation maintenance ordered after divorce

March 25, 2014
Dave Stafford
An ex-wife was not entitled to rehabilitation maintenance from her former husband that was approved after the dissolution of their marriage, a panel of the Indiana Court of Appeals ruled Tuesday.
More

Appeals court vacates lesser drug conviction as double jeopardy

March 25, 2014
Dave Stafford
A Paoli man convicted of multiple drug offenses had a lesser conviction vacated Tuesday by the Indiana Court of Appeals. The court let stand other convictions for which he was sentenced to an aggregate 16 years in prison.
More

Justices take post-conviction relief case

March 24, 2014
Dave Stafford
The Indiana Supreme Court will review the reduction from a Class B felony to a Class D felony of a man’s conviction of criminal confinement.
More

Public intoxication conviction tossed for lack of proof of endangerment

March 24, 2014
Dave Stafford
A man convicted of public intoxication after a police officer found him near the site where his car had come to a stop between the road and a drainage ditch was improperly convicted, the Indiana Court of Appeals held Monday.
More

Purdue loses appeal bid to shield discrimination, harassment report

March 24, 2014
Dave Stafford
An appellate panel had harsh words for Purdue University’s conduct in shielding a report investigating a former chancellor’s complaint of gender discrimination and harassment against former university president France Cordova.
More

Public comment invited on Indiana’s child support guidelines

March 24, 2014
IL Staff
The Domestic Relations Committee of the Indiana Judicial Conference is soliciting public input concerning recommendations for changes to the state’s child support guidelines.
More

Justices affirm ‘safe harbor’ in Juvenile Mental Health Statute

March 24, 2014
Dave Stafford
A juvenile sex offender’s statements in a polygraph test during probation that he molested two more children may not form the sole basis to prove delinquency, the Indiana Supreme Court held Friday in affirming a trial court and rejecting the state’s appeal.
More

Agency collecting credit card debt not a creditor, COA rules

March 21, 2014
Marilyn Odendahl
A debtor’s counterclaim that a collection agency violated the Indiana Uniform Consumer Credit Code by not obtaining a license was rejected by the Indiana Court of Appeals on the grounds that although the agency was trying to recover a debt, it was not a creditor.
More

Judge to Ballard rep: We’ll decide courts complex site

March 21, 2014
Dave Stafford
Marion Superior judges on Friday gave a grudging endorsement to the former General Motors stamping plant site as the location for a proposed jail and criminal justice complex, but not before sending a message to Indianapolis Mayor Greg Ballard that where courts are located is their decision.
More

Court won’t seal evidence in Spierer civil suit

March 21, 2014
Dave Stafford
Evidence in the federal civil suit against the last people believed to have seen missing Indiana University student Lauren Spierer may not be covered by a broad order shielding exhibits and testimony from public view.
More

Judges reverse felony enhancement for handgun possession

March 20, 2014
Jennifer Nelson
Because a prior felony conviction the state relied on to enhance a man’s handgun possession charge was later reduced to a misdemeanor as part of a plea agreement, the Indiana Court of Appeals reversed the denial of the man’s motion to dismiss the enhancement.
More

Complaint for unpaid car loan filed outside of statute of limitations

March 20, 2014
Jennifer Nelson
Because a company seeking to recover unpaid installments on a car loan filed its complaint outside of the four-year statute of limitations, the Indiana Court of Appeals affirmed the small claims judgment in favor of the car buyer.
More

7th Circuit reinstates case involving ‘anti-slating’ statute

March 20, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals has reversed the dismissal of an unslated Marion County Democratic candidate’s lawsuit challenging the county election board’s reliance on the state’s “anti-slating” law to confiscate political flyers during the May 2012 primary election.
More
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

ADVERTISEMENT