Courts

Justices uphold probation revocation

December 9, 2009
Jennifer Nelson
The Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's appeal - either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule 2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to his claim.
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Supreme Court reverses rape conviction

December 9, 2009
Jennifer Nelson
The Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted rape of another woman shouldn't have been admitted at trial.
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Hearing officer appointed in prosecutor case

December 9, 2009
IL Staff
A hearing officer has been appointed in Delaware County Prosecutor Mark R. McKinney's discipline case. The Indiana Supreme Court made the appointment of Boone Circuit Judge Steve David in a Dec. 7 order.
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Writers lose appeal against newspaper

December 8, 2009
Jennifer Nelson
Two former editorial writers at Indiana's largest newspaper failed to prove they were the victims of religious discrimination, the 7th Circuit Court of Appeals ruled today.
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COA upholds dismissal of proposed class

December 8, 2009
Jennifer Nelson
Potential plaintiffs who want to join a class action suit seeking redress under the state's Wage Claims Statute must first submit a claim to the Indiana Department of Labor, the Indiana Court of Appeals upheld today.
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Suit filed against Marion County traffic court

December 8, 2009
Jennifer Nelson
A suit filed today claims the Marion County traffic court judge is violating residents' constitutional rights by imposing additional fines on those who unsuccessfully challenge their tickets and closing proceedings to the public.
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Indiana chief justice gets national award

December 8, 2009
Michael Hoskins
Indiana Chief Justice Randall T. Shepard is receiving a national award from the American Judicature Society for his "distinguished judicial service."<
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SCOTUS could clarify Miranda warning rights

December 7, 2009
Michael Hoskins
The nation's highest court is considering an appeal that has the potential to affect every arrest and criminal case in the country, including those in Indiana.
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Protective order sought in law examiners case

December 4, 2009
Michael Hoskins
The Indiana State Board of Law Examiners wants a U.S. District judge to issue a protective order stopping the ACLU of Indiana from obtaining what the agency describes as confidential information about bar applicants' answers to questions.
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Court's efforts recognized with 2 awards

December 4, 2009
Jennifer NelsonMore

City stopped from enforcing adult-business law

December 3, 2009
Michael Hoskins
A federal judge has granted a preliminary injunction to an adult bookstore in Indianapolis, temporarily stopping the city from enforcing a 2002 ordinance that regulates adult businesses.
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COA adopts 'site-specific' approach

December 3, 2009
Jennifer Nelson
For the first time, the Indiana Court of Appeals adopted a site-specific approach to rule on an insurance case with multiple policies in several states. The appellate court had been following a uniform-contract-interpretation approach when ruling on choice of law questions in contract actions.
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Judge to discuss intelligent-design ruling

December 3, 2009
IL Staff
The U.S. District judge who made the landmark ruling that the teaching of intelligent design in public schools is unconstitutional will speak at Indiana University Friday.
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Disciplinary Commission seeks agency head

December 2, 2009
Michael Hoskins
Indiana needs a new face for lawyer discipline, and applications are being accepted from anyone interested in the job.
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Justices rule on constructive discharge issue

December 2, 2009
Jennifer Nelson
The Indiana Supreme Court decided Tuesday that a claim for constructive retaliatory discharge falls within the state's public policy exemption to the employment-at-will doctrine.
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High court splits in hospital negligence suit

December 1, 2009
Jennifer Nelson
The Indiana Supreme Court split on whether a hospital was negligent in letting a woman with injuries possibly caused by domestic violence leave with her alleged abuser, who killed her on the way home after being discharged.
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Justices draw bright line on children's fault

December 1, 2009
Jennifer Nelson
Indiana law recognizes a rebuttable presumption that children ages 7 to 14 aren't capable of contributory negligence, the state's Supreme Court has confirmed.
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Southern District amendments take effect today

December 1, 2009
IL Staff
The U.S. District Court for the Southern District of Indiana has amended several local rules, effective today. The amendments are available on the court's Web site.
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Visitation-adoption agreement not allowed

December 1, 2009
Michael Hoskins
State law doesn't allow for post-adoption visitation that's contingent upon a voluntary termination of parental rights, the Indiana Supreme Court has ruled.
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Rehearing denied in Camm case

November 30, 2009
Jennifer Nelson
A split Indiana Supreme Court has decided not to reconsider its decision to order a third trial for a former state trooper accused of killing his wife and two children nearly 10 years ago.
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COA reverses termination over rule violation

November 30, 2009
Jennifer Nelson
The Indiana Court of Appeals split today in its decision to reverse the termination of a mother's parental rights. The majority found the trial court abused its discretion in allowing the mother's trial counsel to withdraw her appearance under a local court rule.
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Court splits on first impression dissipation case

November 30, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented today from his colleagues' decision that a spouse may be found to have dissipated property after refusing to sign and file joint tax returns because the judge believes the ruling is "bad law and bad policy."
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CASA program receives $2 million

November 25, 2009
Rebecca Berfanger
Child Advocates just got big boost in its efforts to help children.
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COA: Government vehicle exclusion is void

November 25, 2009
Jennifer Nelson
The Indiana Court of Appeals concluded today in a matter of first impression that the government vehicle exclusion in underinsured motorist policies is void as against public policy.
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Tipton City Court gets new judge

November 25, 2009
IL Staff
Gov. Mitch Daniels has appointed Jack L. Richter as Tipton City Court judge. Richter succeeds Judge Lewis Daily Harper, who died Aug. 14.
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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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