Courts

Incurred risk not malpractice defense

January 1, 2008
Jennifer Nelson
A doctor cannot use evidence of a patient's previous surgeries or pursue an incurred-risk defense against a medical malpractice suit, the Court of Appeals ruled today. In Brenda Spar v. Jin S. Cha, M.D., No. 45A05-0611-CV-683, Spar appealed the jury decision in favor of Dr. Cha in her medical malpractice claim against the OB/GYN for a surgery he performed on her. Spar previously had been in a serious automobile accident and as a result had numerous abdominal surgeries. When she decided to...
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District Court upholds jury award against GM

January 1, 2008
Jennifer Nelson
A U.S. District judge chastised General Motors for the way the company treated its salaried employees who gave up being under union protection and later wanted to rejoin the union as hourly workers. In an opinion released Aug. 15, Judge David Hamilton of the U.S. District Court, Southern District of Indiana, Indianapolis Division, upheld a $3.1 jury award against GM for promissory estoppel claims, finding the plaintiffs had provided sufficient evidence to prove their Sixth Amendment claim against the company. Judge...
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Tax Court in Bloomington March 17

January 1, 2008
IL Staff
The Indiana Tax Court hits the road March 17 to hear arguments in a case regarding how to properly value a Meijer store for property tax purposes. The arguments will be held at 3:30 p.m. in the Moot Courtroom at Indiana University School of Law - Bloomington.In Meijer Stores Limited Partnership v. Betty Smith, Wayne Township Assessor, Michael Statzer, Wayne County Assessor, et al., No. 49T10-0609-TA-89, Meijer and Wayne County don't see eye-to-eye on the assessed value of land owned by...
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Governor names new Court of Appeals judge

January 1, 2008
Michael Hoskins
Dubois Superior Judge Elaine Brown is the newest judge on the Indiana Court of Appeals.Gov. Mitch Daniels announced this morning Judge Brown's appointment to the state's second highest appellate court, replacing Judge John Sharpnack who is taking senior status in May. "This is a dream of a lifetime," Judge Brown said, on first reaction this morning. "I'm just so extremely honored and humbled, and can't wait to get started. It's life-changing for me."The southern Indiana jurist has been on the bench...
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COA to travel to French Lick

January 1, 2008
IL Staff
The Indiana Court of Appeals travels to French Lick Tuesday to hear arguments in a case involving the validity of a search warrant.In James H. Helton v. State of Indiana, 20A04-0710-PC-00589, the judges are asked to determine whether an invalid search warrant was used to obtain evidence against James H. Helton. Also, if the search warrant was invalid, the court must decide whether Helton was denied effective assistance by his trial counsel when they did not move to suppress that evidence....
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Justices ready for sex-offender registry issue

January 1, 2008
Michael Hoskins
The Indiana Supreme Court will consider two cases this week asking whether convicted sex offenders can be required to register for life on a statewide database.The state's highest appeals court will hear a combined argument Thursday in Todd L. Jensen v. State, No. 02A04-0706-CR-351, and Richard P. Wallace v. State, No. 49A02-0706-CR-498. Arguments are set to begin at 9:45 a.m. and can be viewed online through a webcast.Now, Jensen v. State and Wallace v. State have a combined case number of...
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Court upholds damages award

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court decision that excluded arguments and evidence from the Indiana Patient's Compensation Fund relating to the survival rate of the decedent because their argument regarded liability, which had already been established through a settlement. In Jim Atterholt, Commissioner of the Indiana Department of Insurance as Administrator of the Indiana Patient's Compensation Fund v. Geneva Herbst, personal representative of the estate of Jeffrey A. Herbst, No. 49A04-0702-CV-106, the Indiana Patient's Compensation Fund appealed the grant...
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Luncheon to discuss women's health, law

January 1, 2008
IL Staff
The Sagamore Institute for Policy Research is hosting a luncheon Friday to examine how to improve the health of women in contemporary society.The event, "Improving Women's Health through Law and Policy," features Linda Chezem, professor at Indiana University and Purdue University, and former Indiana Court of Appeals judge; Krieg DeVault attorney Leah Mannweiler; Dr. Kathy D. Miller, associate director for clinical research at IU Simon Cancer Center; and Tanya Parrish, director of the Office of Women's Health in the Indiana State...
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Case management system to get new features

January 1, 2008
Michael Hoskins
The Indiana Supreme Court is investing $1.1 million to add computer features to its case management system being implemented statewide in the coming years.Adding to the millions already invested in the state's largest-ever technology project, the high court has decided to purchase a supervision module for its Odyssey Case Management System, currently in place in Monroe County and the Marion County Small Claims Court in Washington Township; it will be launched in a handful of other counties by early next year.Justice...
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Justices disagree on revising man's sentence

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court used a man's appeal of his sentence for neglect of a dependent to examine how appellate courts review sentences; the court remanded the case so the man's sentence could be reduced. In Rudy Wayne Cardwell v. State of Indiana, No. 10S05-0811-CR-588, the justices reviewed their decision in Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007), in terms of appellate review of sentencing. The court unanimously agreed that assigning relative weights to properly found facts can often present...
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COA travels to Lafayette, IU campuses

January 1, 2008
IL Staff
The Indiana Court of Appeals will visit three Indiana colleges April 8 and 9 to hear arguments in cases regarding child molestation, defamatory statements, and ineffective counsel.Judges will visit Ivy Tech Community College in Lafayette Tuesday to hear arguments regarding a case on appeal from Lake Superior Court. Arguments for Victor Vega Torres v. State of Indiana, 45A03-0708-CR-385, begin at 10 a.m. in Ivy Hall. Judges Ezra Friedlander, Margret Robb, and Cale Bradford will have to decide whether Torres' maximum sentence of eight years...
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Jury undecided so judge orders death

January 1, 2008
Michael Hoskins
An Evansville judge has handed down the first death sentence since Indiana lawmakers changed the jury's role six years ago. The sentence also is likely the first execution order resulting from a penalty-phase hung jury since 1993.The execution of Daniel Ray Wilkes is set for Jan. 25, 2009, but that will likely be delayed for years by appeals and could have potential to reach the Supreme Court of the United States as an issue of first impression about whether a death...
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Judge strikes down new obscene-material law

January 1, 2008
Michael Hoskins
On the day a new Indiana law was set to take effect, U.S. District Judge Sarah Evans Barker struck it down as being unconstitutionally vague, overbroad, and a violation of the First Amendment.The 31-page ruling was issued by the U.S. District Court, Southern District of Indiana, Indianapolis Division, this afternoon in Big Hat Books, et al. v. Prosecutors, 1:08-CV-00596, a challenge to House Enrolled Act 1042 that would have required any person or organization wanting to sell literature or other material...
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Justices again deny election request

January 1, 2008
Michael Hoskins
The Indiana Supreme Court has denied for the second time in two months a request to get involved in a Terre Haute mayoral election dispute.The justices sent notice Tuesday to attorneys that they won't bypass the Court of Appeals on a dispute resulting from the November election, when Republican Duke Bennett ousted incumbent Democrat Mayor Kevin Burke by about 110 votes.The court had previously decided not to get involved in an issue about whether Vigo Superior Judge David Bolk had jurisdiction...
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COA affirms jail phone commissions

January 1, 2008
Jennifer Nelson
After years of litigation, the Indiana Court of Appeals ruled today that the Marion County Sheriff and the Indiana Department of Administration were allowed to enter into contracts with a phone company that provided commissions to the sheriff and IDOA on phone calls made from the jail and prison facilities. In Chanelle Linet Alexander, et al. v. The Marion County Sheriff and the Commissioner of the Indiana Department of Administration, No. 49A02-0708-CV-716, the plaintiffs are a class of people who have been...
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Justices overturn judgment in trampoline case

January 1, 2008
Jennifer Nelson
In a case of first impression involving a trampoline, premises liability, and the attractive-nuisance doctrine, the Indiana Supreme Court today overturned summary judgment that originally had been in favor of the trampoline owners, citing material issues of facts in the case. The high court granted transfer in Beth Palmer Kopczynski, individually and as next friend and parent of Alisha Palmer, and Alisha Palmer v. David Bryan Barger and Peggy Lucas Barger, No. 88S05-0710-CV-423, to determine whether the Bargers were responsible for an...
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Justices asked to take legal malpractice case

January 1, 2008
Michael Hoskins
The Indiana Supreme Court is being asked to take a legal malpractice case in which an Indianapolis law firm got hit with an $18 million verdict two years ago.Attorneys representing law firm Fillenwarth Dennerline Groth & Towe filed a petition for transfer with the state's highest court Monday in Frederick W. Dennerline III, et al. v. Jim Atterholt, Insurance Commissioner of the State of Indiana, No. 49A04-0610-CV-557. This move comes following the Indiana Court of Appeals ruling in May that upheld the...
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Clark Circuit judge appointed

January 1, 2008
IL Staff
Abraham Navarro will succeed Judge Daniel F. Donahue as judge of the Clark Circuit Court. Judge Donahue is stepping down later this week. Navarro has served as a deputy prosecutor in the Floyd County Prosecutor's Office since 2002. Prior to working in the prosecutor's office, Navarro was an Allen Superior Court judicial law clerk from 2001 to 2002. Navarro was admitted to the bar in November 2002. He's a member of the Indiana Prosecuting Attorneys Council and the Indiana Criminal Justice...
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COA: Totality of facts support blood seizure

January 1, 2008
Jennifer Nelson
A blood sample seized by the state from an unconscious woman didn't violate her rights under the Fourth Amendment because all of the circumstances surrounding the car accident involving the woman led to a fair probability she drove a car while drunk, the Indiana Court of Appeals ruled.In Samara J. Copas v. State of Indiana, No. 33A01-0801-CR-3, Samara Copas appealed the trial court's denial of her motion to suppress a blood sample taken by the state after obtaining a search warrant. Copas...
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Courthouse preservation bill, others now law

January 1, 2008
IL Staff
Bills relating to a courthouse preservation advisory commission, inmate issues, probate, foreclosure notices, domestic violence, and invasion of privacy concerns have been signed into law in the last week.Among the bills that are of interest to the legal community are:SEA 78, regarding probate and trust matters, signed today; HEA 1379, regarding viatical settlements, signed today; SEA 227, regarding the renamed sexual assault victim advocate standards and certification board, signed today; SEA 62, regarding posting notice of foreclosure sales, signed today; SEA...
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Allen County judge faces misconduct charges

January 1, 2008
Michael Hoskins
An Allen County judge is facing disciplinary charges for what is being described as misconduct in a fellow jurist's courtroom that involved verbally berating members of a defendant's family after a sentencing hearing.Allen Superior Judge Kenneth R. Scheibenberger has been charged by the Indiana Commission on Judicial Qualifications with four counts of misconduct, filed Tuesday as a formal notice of disciplinary proceedings. The document can be viewed here.The filed complaint states that on Nov. 30, 2007, Judge Scheibenberger suspended his court...
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Appeals court affirms murder convictions

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's convictions of murder, conspiracy to commit murder, and the finding that he is a habitual offender. In Charles D. Boney v. State of Indiana, No. 22A01-0607-CR-310, Boney was connected to the murder of Kim Camm and her two children at home by her husband, David. Boney provided the weapon David used to murder his family and was at the Camm's home when the murder occurred. Boney raised several issues on appeal following his jury...
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Court reverses Pelley convictions

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals has reversed the murder convictions of a Lakeville man accused of murdering his family almost 20 years ago as a teenager.But in doing so, the three-judge panel all but directly asked the Indiana Supreme Court to take on this issue of first impression and clarify an earlier ruling justices made. That ruling specifically refused to dismiss the case on Robert Pelley's argument that a delay between charging and trial dates conflicted with his due process of...
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SCOTUS denies 2 Indiana cases

January 1, 2008
Michael Hoskins
The U.S. Supreme Court has declined to take two Indiana cases, including one that inspired the law requiring child molesters to register their addresses on a public database.In a list of certiorari denials released May 12, the nation's high court announced it wouldn't review the Hoosier cases Christopher Stevens v. Ed Buss, No. 07-7745, and Christopher J. Stephens v. Indiana, No. 07-9858. Both had been reviewed at the court's private conference last week.Stevens is the case that inspired Zachary's Law. He...
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Lawrence sworn in as District Judge

January 1, 2008
IL Staff
Just days after being unanimously confirmed by the U.S. Senate, Judge William T. Lawrence took the oath Tuesday to become a judge in the United States District Court, Southern District of Indiana. Chief Judge David F. Hamilton administered the oath in Judge Lawrence's courtroom in the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.Judge Lawrence had served as a United States Magistrate Judge in the Southern District of Indiana since November 2002, and is the first magistrate judge in the...
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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