Courts

Justices issue robo-call decision

December 23, 2008
Michael Hoskins
The Indiana Supreme Court says the state's two-decade old law on pre-recorded, autodialed calls isn't limited to those placed to consumers with commercial messages. But justices stopped short of deciding how the law applies to political messages, leaving that question for another day.
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Appellate court rules on GAL feesRestricted Content

December 23, 2008
Michael HoskinsMore

Muncie lawyer named city court judge

December 22, 2008
Michael Hoskins
A Muncie law firm will remain intact after both of its longtime partners take the bench in January.
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Court will hear attorney withdrawal case

December 22, 2008
Michael Hoskins
The Indiana Supreme Court has agreed to take a case exploring how litigants can proceed on their own after the attorney withdraws prior to trial, particularly when a language barrier may exist.
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COA: Warrant didn't need to be admitted

December 22, 2008
Rebecca Berfanger
In a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.
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Court remands to recalculate attorneys' fees

December 19, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the eviction of a renter and an award of damages in favor of her former landlord, but it reversed the amount of attorneys' fees she has to pay because the trial court's rationale in determining the amount was insufficient.
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Governor backs court reforms

December 19, 2008
Michael Hoskins
Expect some talk of sweeping court reforms in the coming legislative session.
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Special masters named in senior judge's case

December 19, 2008
Michael Hoskins
The Indiana Supreme Court has named three trial judges to serve as special masters in the disciplinary action against Senior Judge Walter P. Chapala, formerly of the LaPorte Superior Court.
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Committed woman's charge must be dismissed

December 18, 2008
Jennifer Nelson
Faced with a question the U. S. Supreme Court declined to address more than 35 years ago, the Indiana Supreme Court affirmed a trial court's decision to dismiss a criminal charge against a committed woman who may never be able to stand trial because of incompetence.
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COA: Dealership not denied due process

December 18, 2008
Jennifer Nelson
he Indiana Court of Appeals directly addressed for the first time today the due process implications of an administrative law judge conducting a hearing without the participation of a party who received notice but couldn't be contacted by telephone at the time of the hearing. The appellate court found a car dealership's due process hadn't been violated when it failed to participate in a telephone hearing with the administrative law judge and a former employee.
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Judges differ on insurance coverage

December 18, 2008
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed about whether a school bus driver who also worked as an independent farmer over the summer should be covered by the school corporation's insurance following a car accident while hauling grain.
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Men took substantial steps to commit crime

December 18, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals addressed the same issue in two separate Indiana cases of men chatting on the Internet with people they believed to be teen girls: whether there was evidence the men had taken "substantial steps" toward committing the crimes of enticing a minor to engage in criminal sexual activity.
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High court grants transfer, remands case

December 17, 2008
IL Staff
The Indiana Supreme Court granted transfer Dec. 16 to a post-conviction case and remanded it to the Indiana Court of Appeals.
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Court: Rehabilitation evaluation a must

December 17, 2008
Michael Hoskins
The Indiana Supreme Court says that before any juvenile can be placed on the state's sex offender registry, a trial court must first evaluate whether that minor has been rehabilitated to determine if there's clear and convincing evidence he or she might re-offend.
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Bankruptcy filings up in Indiana

December 16, 2008
Jennifer Nelson
Bankruptcy cases in federal courts have increased more than 30 percent in the fiscal year ending in September as compared to the 2007 fiscal year. In Indiana, bankruptcy cases have increased more than 25 percent in the U.S. District Court's Northern and Southern districts.
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No summary judgment in mailbox case

December 16, 2008
Jennifer Nelson
The owners of a mailbox struck by a woman's car that left the road inexplicably aren't entitled to summary judgment on the woman's negligence claim, the Indiana Court of Appeals affirmed today.
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Justices asked to take Terre Haute mayor case

December 16, 2008
Michael Hoskins
The Indiana Supreme Court is being asked to consider the role a federal law plays in deciding who is Terre Haute's current mayor and whether a special election is needed.
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Jury awards NW Indiana couple $48 million

December 15, 2008
IL Staff
A Lake County jury awarded a couple $48 million for injuries the man sustained after a workplace accident.
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Governor appoints city court judge

December 15, 2008
IL Staff
Governor Mitch Daniels has appointed Brian G. Poindexter as judge of the Carmel City Court.
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Tax sale petitions OK because of lack of notice

December 15, 2008
Jennifer Nelson
The Indiana Court of Appeals ruled in favor of a woman in two separate cases involving the purchase of her property at tax sales in Franklin County after determining she received insufficient notice of the sales.
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Judge argues for suspension, not removal

December 15, 2008
Michael Hoskins
A Marion Superior judge who's been suspended from the bench pending a final decision from the Indiana Supreme Court believes his penalty should fall somewhere between a public reprimand and removal.
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Mom not in contempt over middle name change

December 12, 2008
Jennifer Nelson
A trial court erred in finding a mother in contempt for not changing the middle name of her child, the Indiana Court of Appeals ruled today. The appellate court remanded the case for consideration of whether the name change would be in the best interest of the child.
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Former Allen County judge dies

December 12, 2008
IL Staff
Former Allen Superior Judge Norman E. Baker died Wednesday in Fort Wayne. Baker, an Evansville native, served as an Allen Superior Court Civil Division judge. He also served as a senior judge in the court.
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Supreme Court grants 3 transfers

December 12, 2008
Jennifer Nelson
The Indiana Supreme Court granted three transfers yesterday in cases involving a resisting law enforcement conviction, denial of benefits from Indiana's Second Injury Fund, and the reversal of a jury award filed by a college student cleared of rape.
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Termination rash in special needs CHINS case

December 11, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed the termination of a mother's parental rights to her special needs son, finding the decision would create a "sobering message" to parents of children who need ongoing assistance.
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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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