Courts

Justices hear compulsive gambling arguments

November 12, 2009
Michael Hoskins
State gaming regulations prohibit a compulsive gambler from even filing a lawsuit against a casino, a New Albany attorney told the Indiana Supreme Court today.
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COA: Obama, McCain eligible to be president

November 12, 2009
Jennifer Nelson
More than a year after the 2008 presidential election, the Indiana Court of Appeals ruled that Sens. John McCain and Barack Obama were eligible to run for the office.
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AG files state's first lead-paint hazard suit

November 12, 2009
Michael Hoskins
In the first lawsuit of its kind in Indiana, the state attorney general's office is going after two Evansville landlords who it says have ignored warnings to correct a lead-paint environmental hazard in a rental house.
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Bankruptcy Court seeks comment on rules

November 11, 2009
IL Staff
The U.S. Bankruptcy Court of the Southern District of Indiana is seeking comment on new local rules and proposed amendments.
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Ukrainian judges to visit for 5th time

November 11, 2009
IL Staff
For the fifth consecutive year, Ukrainian judges will visit the Indiana Supreme Court to learn about the U.S. government.
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Judge's nomination vote set for Tuesday

November 11, 2009
Michael Hoskins
The U.S. Senate leader has filed a motion to limit debate on an Indianapolis judge's nomination for the 7th Circuit Court of Appeals, setting an hour of debate and roll call vote for Nov. 17.
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Officer didn't conduct investigatory stop

November 10, 2009
Jennifer Nelson
A trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.
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District judge joins Judicial Conference

November 10, 2009
IL Staff
U.S. District Judge Richard L. Young of the Southern District of Indiana has become a member of the Judicial Conference of the United States, the court announced today.
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Court clarifies responses under T.R. 56(I)

November 10, 2009
Jennifer Nelson
The Indiana Court of Appeals used a decision today to clarify that when a nonmoving party has received an enlargement of time pursuant to Indiana Trial Rule 56(I), any response must be made within the additional time period granted by the trial court.
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Senators still stalling judge's Circuit nomination

November 10, 2009
Michael Hoskins
An Indianapolis judge's potential elevation to the federal appeals bench remains controversial even as the full U.S. Senate inches closer to voting on his nomination in the next week.
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Trial court didn't err in denying mistrial

November 9, 2009
Jennifer Nelson
A trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.
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Officer safety justified opening ajar car door

November 9, 2009
Jennifer Nelson
The opening of an ajar car door by a police officer during a foot chase with a suspected robber didn't violate the man's federal or state constitutional rights, the Indiana Court of Appeals concluded today.
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New JLAP funds to help legal profession

November 9, 2009
IL Staff
Two new funds have been created to help judges, attorneys, and law students who need assistance in treating mental health or dependency issues, the Indiana Supreme Court announced today.
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Appellate court to visit northern Indiana

November 6, 2009
IL Staff
A panel of Indiana Court of Appeals judges heads to Michigan City Monday to hear arguments about whether a trial court erred in finding an usher wasn't an employee of Metro Security Forces Inc.
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Agency erred in taxing certain money

November 6, 2009
Jennifer Nelson
The Department of State Revenue erred when it concluded certain money collected from customers of a small, rural telecommunications company were subject to Indiana's utility receipts tax, the Indiana Tax Court ruled Thursday.
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COA: Man didn't personally waive right to jury

November 6, 2009
Jennifer Nelson
Because the trial court erred in finding a defendant waived his right to have a jury hear the enhancement aspects of his drunk-driving case, the Indiana Court of Appeals reversed his elevated conviction.
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Man accused of planning to blow up courthouse

November 5, 2009
Jennifer Nelson
A Pike County man was arrested by police after they discovered his plan to blow up the county courthouse if he was found guilty in his trial Wednesday.
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Prior conviction doesn't fall under exception

November 5, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant's argument that his felon-in-possession indictment was insufficient because his previous conviction of stealing cable doesn't meet the definition of a "crime punishable by imprisonment for a term exceeding one year" under 18 U.S.C. Section 921(a)(20)(A).
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City, operator charged with violating CWA

November 5, 2009
Jennifer Nelson
The City of Madison and a wastewater treatment plant operator have been charged with negligently violating the Clean Water Act.
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State didn't prove man used car to keep drug

November 4, 2009
Jennifer Nelson
The Indiana Court of Appeals overturned a conviction of maintaining a common nuisance because the state failed to prove the defendant used his car to keep marijuana.
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Disciplinary Commission head leaving

November 4, 2009
Jennifer Nelson
Donald Lundberg, the Indiana Supreme Court Disciplinary Commission executive secretary, has announced his resignation as head of the agency, effective Jan. 1, 2010.
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AG wants Melendez-Diaz overturned

November 4, 2009
Jennifer Nelson
The Indiana Attorney General's Office is joining several states in co-authoring an amicus brief asking the Supreme Court of the United States to modify or overturn its decision in Melendez-Diaz v. Massachusetts
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7th Circuit: conviction can't enhance sentenceRestricted Content

November 4, 2009
Jennifer Nelson
A defendant's conviction of possession of a firearm by a felon stands because police had reasonable suspicion to stop the car he was riding in, the 7th Circuit Court of Appeals concluded today.
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Justices set execution in stun-belt restraint case

November 3, 2009
Michael Hoskins
The Indiana Supreme Court has denied a condemned inmate's challenge to his death sentence and set a date for what would be the state's first execution in more than two years.
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Lawyer appointed to fill city judge seat

November 3, 2009
IL Staff
The Indiana Supreme Court on Monday appointed attorney Michael D. Edwards to serve as judge pro tempore of Bicknell City Court.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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