Courts

Court: EPA approval required for expansion

January 1, 2008
Jennifer Nelson
A Porter County sewer company must receive prior approval from the Environmental Protection Agency per a federal consent decree in order to be able to expand its services, the Indiana Court of Appeals has ruled. The appeal from the Indiana Regulatory Commission, Application of South Haven Sewer Works, Inc., City of Portage v. South Haven Sewer Works, Inc., No. 93A02-0703-EX-204, came before the court because the City of Portage believed the Indiana Utility Regulatory Commission's grant of a certificate of territorial authority...
More

High court ponders sex-offender registry law

January 1, 2008
Michael Hoskins
Indiana Supreme Court justices this morning listened to arguments in the cases of two convicted sex offenders who are challenging a state law requiring them to register for life on a public database, even though they weren't required to do so at the time of their criminal convictions.The arguments came in the combined case of Todd L. Jensen v. State and Richard P. Wallace v. State, No. 02S04-0803-CR-137, which delves into issues with the state's sex-offender registry the court hasn't explored...
More

Judge orders new Cinergy trial

January 1, 2008
Michael Hoskins
A federal judge in Indianapolis has ordered a new trial for Cinergy Corp because the energy company now owned by Duke Energy committed misconduct earlier this year and tainted the liability phase of the litigation. U.S. District Judge Larry McKinney issued a 29-page decision in U.S., et al. v. Cinergy Corp, et al., 1:99-cv-1693, on Thursday, unsealing it and making the ruling public Dec. 22. "In summary, the Court concludes that Cinergy's misrepresentations about payment of one of its fact...
More

Issue of fact exists in firefighter demotion

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court grant of summary judgment because there is a genuine issue of fact as to why a firefighter was demoted. In Jeffrey Kochis v. City of Hammond, Indiana, et al., No. 45A03-0709-CV-445, Kochis appealed the grant of summary judgment in favor of Hammond in his complaint that he had been demoted even though no charges had been filed against him and that he didn't receive due process. Kochis had been a firefighter with the...
More

SCOTUS decides Indiana pro se case

January 1, 2008
Michael Hoskins
The Supreme Court of the United States has found that a criminal defendant who's been declared competent to stand trial does not necessarily have the right to represent himself.About 10 minutes into its public sitting that started at 10 a.m., the U.S. Supreme Court issued its 7-2 ruling in Indiana v. Edwards, No. 07-208. Justice Stephen Breyer wrote the opinion, with Justices Antonin Scalia and Clarence Thomas dissenting. Opinions are typically posted on the high court's Web site within an hour of...
More

Breaking News: Judge, commissioner face charges

January 1, 2008
Michael Hoskins
Breaking News: April 4, 2008 A Marion County judge and his part-time commissioner face nearly a dozen judicial misconduct charges each for delays and dereliction of duty that resulted in an Indianapolis man staying in prison for almost two years after DNA testing cleared him of a 1984 rape.The Indiana Judicial Qualifications Commission late Wednesday afternoon filed charges against Marion Superior Judge Grant W. Hawkins and Commissioner Nancy L. Broyles, relating to their involvement in a post-conviction case for Harold D....
More

Sole justice disagrees with sentencing transfer

January 1, 2008
Michael Hoskins
The Indiana Supreme Court has cut an Indianapolis child molester's prison sentence in half from 120 to 60 years, reanalyzing the penalty he received for being convicted of multiple counts of victimizing his stepdaughter.But one of the state's top jurists objected to the court accepting this sentencing case, emphasizing that reviewing and revising this penalty goes against the high court's role as one of "last resort" and could lead to trial judges being less cautious and measured in sentencing.A 4-1 ruling...
More

Juvenile's DOC placement affirmed

January 1, 2008
Jennifer Nelson
Addressing the issue for the first time, the Indiana Court of Appeals supported a juvenile court's decision to place an illegal immigrant juvenile delinquent with the Department of Corrections instead of deporting him back to his home country. In J.S. v. State of Indiana, No. 15A01-0706-JV-276, J.S., a 15-year-old illegal immigrant from Mexico, appealed his placement in the DOC. The boy, who had already once illegally entered the U.S. and was arrested in Kentucky for driving without a license and deported, was...
More

Court tosses man's stalking conviction

January 1, 2008
Michael Hoskins
Simply parking on a public street and watching someone's home doesn't alone fall within the definition of "impermissible" conduct and can't be considered stalking, the Indiana Court of Appeals ruled today.In a case of first impression, the appellate panel ruled 2-1 on Donald D. Vanhorn v. State of Indiana, 84-A01-0711-CR-505, overturning the Terre Haute man's conviction for felony stalking. At issue in the case was the interplay between "harassment" and "impermissible contact" and whether enough evidence existed to support a stalking conviction.Donald...
More

Court: S.C. decision not retroactive

January 1, 2008
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals ruled today that retroactivity doesn't apply to a year-old Indiana Supreme Court decision that held charging information must be amended within 30 days before the omnibus date.As a result of the ruling, a Hendricks County man convicted of child molesting doesn't get relief.At issue in Terry Leatherwood's appeal in Terry Leatherwood v. State of Indiana, No. 32A05-0710-PC-573, is whether the post-conviction court erred in refusing to apply the holding of Fajardo...
More

Newest COA judge's robing ceremony Friday

January 1, 2008
IL Staff
The newest Indiana Court of Appeals judge will formally join the court Friday. Judge Elaine Brown's robing ceremony will be in the courtroom of the Indiana Supreme Court. Judge Brown's first day on the court was May 5. Chief Judge John Baker will preside over the ceremony, and Gov. Mitch Daniels will join Judge Brown's family, colleagues, and special guests to administer the oath of office. Judge Brown was named to the Indiana Court of Appeals by Gov. Daniels earlier this...
More

Indiana RICO Act applies to 'foot soldiers'

January 1, 2008
Jennifer Nelson
An Indiana Supreme Court decision Feb. 27 regarding the state's racketeering laws creates a larger net of potential defendants that can be charged under it. The Indiana Supreme Court ruled that under Indiana's RICO (Racketeer Influenced and Corrupt Organizations) Act, a person can be implicated under the state act even if he or she doesn't participate in directing the racketeering activity. In Linda Keesling, Harold Lephart, et al. v. Frederick Beegle III, John Bucholtz, et al., No. 18S04-0704-CV-150, the high court accepted...
More

Supreme Court grants 2 transfers

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted two transfers Thursday for cases originating in Evansville - one involves a shopping center and access to a public thoroughfare, and the other deals with the failure to make payments for the modification of a Web site. In State of Indiana v. Kimco of Evansville Inc., et al., No. 82A01-0607-CV-301, the Indiana Court of Appeals affirmed a $2.3 million jury award that stemmed from a road project in 2000 impacting a shopping plaza along State Road...
More

Judge: Prisoner suit can proceed

January 1, 2008
Michael Hoskins
  A federal judge has decided a state prison inmate can proceed with his lawsuit against a Department of Correction official and food service provider, claiming that both denied him enough food to stay healthy and went against a medically prescribed diet restricting onions.U.S. District Judge William Lee in South Bend ordered March 11 that Joshua Ketchem be allowed to proceed with his suit filed in January 2007. The case is Joshua Ketchum v. J. David Donahue, et al., No. 3:07-CV-316 WL.A prisoner...
More

Attorneys urged to learn court technology

January 1, 2008
Michael Hoskins
Ever worried about what happens if you don't know, understand, or use courtroom technology correctly in preparing for trial?A new video from the U.S. District Court for the Southern District of Indiana offers a glimpse into the possibilities, from the dramatic portrayal of a federal judge dozing off during trial to a nervous attorney sweating profusely in court when jurors and courtroom staff can't hear him.After updating its Web site and revising a video on the Video Evidence Presentation System late...
More

SCOTUS makes history, shoots down gun ban

January 1, 2008
Michael Hoskins
Answering a 217-year-old constitutional question, the U.S. Supreme Court issued a historic ruling this morning that the Second Amendment protects an individual's right to have a gun in his or her home.The ideologically split 5-4 decision in District of Columbia, et al. v. Heller, No. 07-290, struck down a city handgun ban in Washington, D.C., and defined the scope of the gun rights amendment to the U.S. Constitution for the 21st century.Specific to this case, the court affirmed a Circuit Court ruling...
More

Judges disagree over 'access' in statute

January 1, 2008
Jennifer Nelson
Indiana Court of Appeals judges were split in their ruling today on a man who was convicted of performance harmful to minors, with the majority affirming the conviction.In Frederick A. Zitlaw v. State of Indiana, No. 29A05-0701-CR-35, Zitlaw appealed the trial court's denial of his motion to dismiss the performance harmful to minors charge, a Class D felony. A Hamilton County sheriff's deputy saw Zitlaw expose himself in a public park. The probable cause affidavit alleged children were present in the park....
More

Court sponsors Northwest Ordinance lecture

January 1, 2008
IL Staff
The Indiana Supreme Court is sponsoring a lecture celebrating the 221st anniversary of the Northwest Ordinance of 1787 and the legal issues related to Indiana's southern borders established by the ordinance. The lecture will begin at 3 p.m. on July 14.Seating in the Supreme Court's courtroom for "221 Years of Unsettled Borders: Indiana and the Northwest Ordinance" is no longer available for the free lecture, but a monitor and overflow seating will be available in the atrium area, as well as...
More

Larry Bird sues over use of name

January 1, 2008
Jennifer Nelson
Former college and NBA basketball star and current president of basketball operations of the Indiana Pacers Larry Bird has filed a trademark infringement suit in federal court against the owners of his childhood home. Bird filed the suit, Larry Bird v. Legend of French Lick LLC, No. 4:08-CV-0070-DFH-WGH, in the U.S. District Court, Southern District of Indiana, New Albany Division Monday against Georgianna Lincoln and Christopher Cooke, who purchased Bird's childhood home in French Lick from the Larry Joe Bird Revocable...
More

Election choices fade for Marion Superior Court

January 1, 2008
Michael Hoskins
Three unslated contenders for Marion Superior judgeships have withdrawn their names from the May primary ballot, including two sitting judges who between them have almost a half-century of judicial experience.By the noon deadline on Feb. 25, incumbent Marion Superior Judges Kenneth H. Johnson and Gary L. Miller withdrew their names after filing their candidacies late last week. Both were overlooked at the county Republican Party's slating convention Feb. 16.Indianapolis attorney Angela Dow Davis, who'd filed to run against the Democrats' slate also chosen...
More

Justices to demonstrate electronic ticketing

January 1, 2008
IL Staff
Two Indiana Supreme Court justices will be on hand in Indianapolis tomorrow for a demonstration of a new, statewide electronic ticketing system.Chief Justice Randall T. Shepard and Justice Frank Sullivan will join Indianapolis Public Safety Director Scott Newman and law enforcement to show how the new system will work. Called eCWS - electronic Citation and Warning System - the new mobile system allows police to create tickets electronically and send them to a central location for law enforcement, prosecutors, and courts...
More

International law CLE to be webcast

January 1, 2008
IL Staff
A free CLE program featuring discussion about the international prosecution of war crimes, genocide, and crimes against humanity will take place in the Indiana Supreme Court's Courtroom from 3 to 4:30 p.m. May 7. Event organizers have received enough RSVPs to fill the room, but stand-by reservations are still being accepted as of today for what planners say is a short waiting list so far.This program has been approved for 1.5 CLE credit hours. For those unable to make it, there...
More

Court urges early review of offender litigation

January 1, 2008
Michael Hoskins
An Indiana state prison inmate has filed dozens of lawsuits with claims that a painful odor violated his constitutional rights, he's been repeatedly denied access to public records, victimized by excessive force, and not given proper treatment behind bars.The Indiana Appellate Clerk's Office has 35 of Eric D. Smith's appeals, most being civil suits that include one decided today, and six that remain pending awaiting action.Today, the Indiana Court of Appeals dismissed one of the 29-year-old's string of suits and the...
More

Child support abatement starts on petition date

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court order setting the date in which an incarcerated man can receive an abatement in his child support, finding the date the man filed his order was when it could be first applied. The ruling could open the door for the Indiana Supreme Court to decide when an abatement can take effect.In In re the marriage of: Gary Becker v. Heather Becker, No. 49A04-0804-CV-205, Gary Becker appealed the trial court order modifying his...
More

Justices to hear 'robocalls' arguments Monday

January 1, 2008
IL Staff
The Indiana Supreme Court travels to Terre Haute Monday for arguments in a case dealing with "robocalls." The issue in State of Indiana v. American Family Voices, Inc., Jim Gonzalez, and John Does 2-10, is whether pre-recorded, automated "robocalls" with political content can be limited under Indiana's Automatic Dialing Machine Statute, Indiana Code Section 24-5-14-5.The case stems from complaints about American Family Voices' use of automated calls; the attorney general's office filed an action against the group in September 2006 in...
More
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

ADVERTISEMENT