Courts

Indiana court decisions Jan. 1 to 11, 2012

January 18, 2012
IL Staff
Read summaries of the For Publications from the Indiana appellate courts and the 7th Circuit Court of Appeals.
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SCOTUS won't consider off-campus school speech

January 17, 2012
Michael Hoskins
The nation’s highest court has declined to take a pair of cases asking whether schools can censor the off-campus behavior of students who post messages or photos against school officials or other students.
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7th Circuit upholds Indiana law on wine shipping

January 17, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has upheld an Indiana statute that prevents alcohol retailers from shipping their products to consumers by using a motor carrier such as UPS, and the state has the authority to regulate those shipments through the 21st Amendment.
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Order requires United Financial to pay court costs

January 17, 2012
Michael Hoskins
The Indiana Supreme Court has ordered United Financial Systems Corp. and its officials to pay the court and a special master $16,003 for the costs associated with an Unauthorized Practice of Law action that has been ongoing for more than three years.
 
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Legislation inspired by Barnes ruling passes Senate committee

January 17, 2012
Jenny Montgomery
A Senate committee voted unanimously to pass a bill that would allow a person to resist the unlawful entry into a dwelling by a law enforcement officer under certain conditions.
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Registration open for Allen County Bench/Bar Conference

January 16, 2012
IL Staff
The Allen County Bar Association will host its Bench/Bar Conference from 8:30 a.m. to 4:30 p.m. Feb. 3 at Grand Wayne Center, 120 W. Jefferson Blvd., Fort Wayne.
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Deputy prosecutor receives public reprimand

January 13, 2012
Michael Hoskins
A Hancock County deputy prosecutor has received a public reprimand from the Indiana Supreme Court for surrendering prosecutorial discretion and allowing a corporate check fraud victim to dictate the terms of restitution as a pre-condition to a plea agreement.
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COA: trial courts can limit administrative review

January 13, 2012
Michael Hoskins
State law allows a trial court to decline to hold a jury trial and limit its review of a local municipality’s administrative decision, according to the Indiana Court of Appeals.
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7th Circuit affirms deputy sheriff's firing

January 13, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has determined the Warrick County Sheriff’s Department didn’t break the law when it fired a probationary deputy sheriff based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job.
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State representative's attacker permanently disbarred

January 13, 2012
Michael Hoskins
The Indianapolis attorney who violently attacked and attempted to kill a state representative has been permanently disbarred by the Indiana Supreme Court.
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Chief Justice Shepard gives final State of the Judiciary

January 12, 2012
Michael Hoskins
Indiana Chief Justice Randall T. Shepard gave his final State of the Judiciary on Wednesday, recapping not only the past 12 months, but also highlighting court initiatives and changes that have occurred during the quarter century he spent as chief justice.
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7th Circuit rules on drug sentences

January 12, 2012
Jennifer Nelson
In a consolidated appeal, the 7th Circuit Court of Appeals upheld one man’s sentence following a guilty plea to drug offenses, but sent the other man’s case back to the District Court to reconsider his sentence in light of United States v. Corner.
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High court reverses habitual offender enhancement

January 12, 2012
Jennifer Nelson
Because the state didn’t offer allowable evidence of a man’s previous theft conviction to support a habitual offender enhancement, the Indiana Supreme Court reversed the enhancement.
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Justices dismiss malpractice complaint appeal

January 12, 2012
Jennifer Nelson
The Indiana Supreme Court has vacated transfer to a case involving a proposed medical malpractice claim, finding that the trial court order at issue is not a final appealable judgment.
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COA affirms murder conviction

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals found the state presented sufficient substantive evidence to establish that a man killed his sister’s boyfriend while staying in her apartment.
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Appellate court upholds easement ruling

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the trial court judgment in favor of the owners of a RV campground regarding an access easement.
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Judges rule on Clark County surveyor's suit

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment for the former Clark County surveyor in his request that he should have been involved in a project involving Lancassange Creek. But the judges reversed summary judgment for the surveyor regarding whether he should have been involved in a project in a subdivision.
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Judges order pharmacy board to respond to subpoena

January 11, 2012
Jennifer Nelson
A Marion Superior trial court erred in granting the Indiana Board of Pharmacy’s motion to quash a defendant’s subpoena that the board produce a certified copy of “any and all” of his prescription records so he could use the information as defense for the charges of possession of a controlled substance, the Indiana Court of Appeals ruled.
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Court upholds summary judgment in favor of New Castle

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed that a contractor and insurance company owe the city of New Castle more than $900,000 in damages and attorney fees for breaching a construction contract.
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COA upholds attorney's 11-year sentence

January 11, 2012
Jennifer Nelson
The Roanoke attorney who stole more than $200,000 from his clients will not have his sentence reduced, the Indiana Court of Appeals decided Wednesday.
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AG asks justices to take secretary of state case

January 11, 2012
IL Staff
The Office of the Indiana Attorney General has asked the Indiana Supreme Court to take the Indiana Recount Commission’s appeal of the finding that Secretary of State Charlie White was ineligible to be on the November 2010 ballot.
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Justices divided on whether accident is covered by policy

January 10, 2012
Jennifer Nelson
The Indiana Supreme Court ruled 3-1 Tuesday that an insurer for the Indiana Youth Soccer Association does not have to provide coverage for an accident involving a Carmel team during a trip to Colorado for a soccer tournament.
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Chief justice to give his final State of the Judiciary

January 10, 2012
Michael Hoskins
Indiana Chief Justice Randall T. Shepard on Wednesday will give his annual State of the Judiciary address to a joint session of the Indiana General Assembly, the final time he will do so before retiring in March.
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Justices take 4 cases

January 9, 2012
IL Staff
The Indiana Supreme Court has accepted four cases on transfer.
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Attorney survey on Marion County judiciary begins

January 9, 2012
Michael Hoskins
Eighteen Marion County judges will be on the ballot in the May 2012 primary. The Indianapolis Bar Association is asking attorneys to voice their opinions about those jurists.
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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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