Courts

City violated constitution in denying refunds

December 18, 2009
Jennifer Nelson
The city of Indianapolis' refusal to grant some homeowners' requests for a partial refund of Barrett Law assessments violated the Equal Protection Clause, the Indiana Court of Appeals ruled today.
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COA: Store not a beneficiary of letters of credit

December 18, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled a department store has no rights derived from letters of credit between a bank and the man developing the site for a new store location.
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IJA announces 2009 media, judicial awards

December 18, 2009
IL Staff
The Indiana Judges Association announced today the recipients of the 2009 Commendations for Excellence in Public Information and Education.
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COA rules on re-registration of offenders

December 17, 2009
Jennifer Nelson
Two sex offenders serving or who had completed their 10-year registration period shouldn't have been required to re-register for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.
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Circuit certifies question for Supreme Court

December 17, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals concluded an Indiana statute dealing with salvage titles is ambiguous and it should be up to the state's highest court to interpret it.
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Court issues judgment in absentee ballot case

December 16, 2009
Jennifer Nelson
The Marion Circuit Court has outlined the required procedures for dealing with the county's absentee ballots following a suit that accused the Marion County Election Board of not following statute.
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Nonprofit sues over DCS rate cuts

December 16, 2009
Jennifer Nelson
A nonprofit organization made up of agencies that provide services to abused and neglected kids is suing the Indiana Department of Child Services for cutting rates paid to the agencies next year.
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City court judge faces disciplinary charges

December 16, 2009
Jennifer Nelson
A city court judge accused in October of theft of court funds is now facing disciplinary charges. The Indiana Commission on Judicial Qualifications has filed charges against non-attorney Bicknell City Court Judge David Andrew Moreland.
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Professor testifies about impeachment of judge

December 16, 2009
IL Staff
Indiana University Maurer School of Law professor Charles G. Geyh appeared before the U.S. House of Representative's Committee on the Judiciary Tuesday as a witness in its hearing on the possible impeachment of U.S. District Judge Thomas G. Porteous of New Orleans.
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COA rules on excessive force under ITCA

December 15, 2009
Jennifer Nelson
The use of excessive force is not conduct immunized under section 3(8) of the Indiana Tort Claims Act, the Indiana Court of Appeals ruled today.
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'Fireman's rule' prevents officer from filing suit

December 15, 2009
Jennifer Nelson
The "fireman's rule" doesn't allow a professional emergency responder to file a claim for the negligence that creates the emergency to which he or she responds, the Indiana Supreme Court upheld today. As a result of its ruling, the high court unanimously ruled a police officer's complaint against an adult showclub must be dismissed.
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Trial judge's comments spur COA reversal

December 15, 2009
Jennifer Nelson
Because of a trial judge's statements following the conviction of a man for having a gun in a controlled area of an airport, the Indiana Court of Appeals reversed the conviction for insufficient evidence.
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Appellate court splits on liability of city

December 15, 2009
Jennifer Nelson
The Indiana Court of Appeals split today in deciding whether the city of South Bend should have known putting heavy machinery on an unstable sidewalk would create an unreasonable risk of harm to a brick restorer.
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SCOTUS orders dismissal for Chrysler case

December 14, 2009
Michael Hoskins
The U.S. Supreme Court took a look at Chrysler's bankruptcy, but decided that the issue is moot and remanded it to the 2nd Circuit Court of Appeals with instructions to dismiss the case.
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Judges uphold molestation convictions

December 14, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's convictions of child molesting because it agreed the victim's recantation of the allegations weren't worthy of credit.
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BLE officers re-elected to new term

December 14, 2009
IL Staff
All four officers of the Indiana Supreme Court's Board of Law Examiners have been re-elected to retain their current positions, according to an announcement today from the court
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Commissioner honors 2 judges for juvenile work

December 14, 2009
IL Staff
LaPorte Circuit Judge Thomas Alevizos and Marion Superior Judge Marilyn Moores have received the Distinguished Hoosier Award for their work with juveniles.
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Supreme Court grants 2 transfers

December 11, 2009
IL Staff
The state's highest court has agreed to hear a case dealing with Indiana's habitual offender statute and another case involving the requirements for a cheek-swab DNA test.
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2 attorneys suspended over real estate deal

December 11, 2009
Jennifer Nelson
Two attorneys have been suspended by the Indiana Supreme Court for their representation of a client in a real estate contract in which one of the attorneys had a financial interest.
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COA dismisses attorney's appeal

December 11, 2009
Jennifer Nelson
The Indiana Court of Appeals dismissed an attorney's interlocutory appeal of the order he pay attorney's fees as a discovery sanction because the attorney didn't timely file his appeal.
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Suspended judge faces disciplinary charges

December 10, 2009
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has filed charges against the suspended LaPorte Superior judge who was shot in the head just before taking the bench this year.
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Tax Court sidesteps first-impression issue

December 10, 2009
Jennifer Nelson
Although the Indiana Tax Court had the opportunity to address an issue of first impression, it decided to save its analysis of the issue for another day because the case could be resolved on other grounds.
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Indiana Supreme Court upholds death penalty

December 10, 2009
Jennifer Nelson
The Indiana Supreme Court today upheld the death penalty for a man convicted of killing a woman and her two daughters. In doing so, the high court re-evaluated its stance on what it means when a jury fails to recommend a sentence.
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Attorney files suit against Indiana's JLAP

December 10, 2009
Michael Hoskins
A lawyer in good standing in Kansas is suing Indiana Judges and Lawyers Assistance Program officials, among others, claiming his civil and constitutional rights were violated during his application process to practice law in this state.
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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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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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