Courts

U.S. Senate confirms Hamilton for 7th Circuit

November 19, 2009
Michael Hoskins
U.S. District Judge David F. Hamilton is the newest jurist on the 7th Circuit Court of Appeals.
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Judges disagree as how to review sentence

November 18, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges affirmed today that a defendant's sentence following a guilty plea wasn't inappropriate, but the judges didn't agree as to how to reach that conclusion.
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Reimbursement to estate should be proportional

November 18, 2009
Jennifer Nelson
The Indiana Supreme Court ruled today that a proportional allocation of proceeds from a pre-trial settlement would be best way to reimburse an estate for funeral and burial expenses.
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Man faces federal charge in courthouse plot

November 18, 2009
IL Staff
The Pike County man arrested after police discovered his plan to blow up the county courthouse now faces federal charges.
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New academy named after chief justice

November 18, 2009
IL Staff
Students in Vanderburgh County soon will be able to attend an academy named after the state's chief justice; the academy will focus on the law and social justice.
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COA splits, reverses probation revocation

November 17, 2009
Jennifer Nelson
The Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The judges didn't agree that the probation revocation hearing comported with due process.
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UPDATE: Senate passes cloture motion

November 17, 2009
Michael Hoskins
The full U.S. Senate has ended debate on the controversial nomination of U.S. Judge David F. Hamilton, and now senators will vote as soon as Wednesday morning on his confirmation to the 7th Circuit Court of Appeals.
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U.S. Senate debating Indiana judge's nomination

November 17, 2009
Michael Hoskins
Indiana is at the heart of a legislative discussion about the future of the federal judiciary, and debate about a judge's controversial nomination is coming to a head this week.
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Court says why it removed special prosecutor

November 16, 2009
Jennifer Nelson
The Indiana Supreme Court released an original action Nov. 13 explaining why it ordered an appointed special prosecutor in Delaware County removed from a case.
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COA: Insurance funds aren't a money judgment

November 16, 2009
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals decided today that a summary judgment granting insurance policies isn't equivalent to a money judgment that would allow for 8 percent post-judgment interest.
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High court takes post-conviction case

November 13, 2009
IL Staff
The Indiana Supreme Court granted transfer Thursday to a post-conviction case in which the defendant, who spoke only Spanish, claimed he didn't enter his plea knowingly or intelligently.
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Good-faith exception not applicable

November 13, 2009
Jennifer Nelson
An Indiana trial court erred when it denied a defendant's motion to suppress evidence because the good-faith exception doesn't apply in this case, the Indiana Court of Appeals concluded today.
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COA to hear arguments at college

November 13, 2009
IL Staff
As a part of its "Appeals on Wheels" initiative, a panel of Indiana Court of Appeals judges will visit St. Mary-of-the-Woods College Nov. 17 to hear arguments in a medical malpractice suit.
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Justices hear compulsive gambling arguments

November 12, 2009
Michael Hoskins
State gaming regulations prohibit a compulsive gambler from even filing a lawsuit against a casino, a New Albany attorney told the Indiana Supreme Court today.
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COA: Obama, McCain eligible to be president

November 12, 2009
Jennifer Nelson
More than a year after the 2008 presidential election, the Indiana Court of Appeals ruled that Sens. John McCain and Barack Obama were eligible to run for the office.
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AG files state's first lead-paint hazard suit

November 12, 2009
Michael Hoskins
In the first lawsuit of its kind in Indiana, the state attorney general's office is going after two Evansville landlords who it says have ignored warnings to correct a lead-paint environmental hazard in a rental house.
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Bankruptcy Court seeks comment on rules

November 11, 2009
IL Staff
The U.S. Bankruptcy Court of the Southern District of Indiana is seeking comment on new local rules and proposed amendments.
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Ukrainian judges to visit for 5th time

November 11, 2009
IL Staff
For the fifth consecutive year, Ukrainian judges will visit the Indiana Supreme Court to learn about the U.S. government.
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Judge's nomination vote set for Tuesday

November 11, 2009
Michael Hoskins
The U.S. Senate leader has filed a motion to limit debate on an Indianapolis judge's nomination for the 7th Circuit Court of Appeals, setting an hour of debate and roll call vote for Nov. 17.
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Officer didn't conduct investigatory stop

November 10, 2009
Jennifer Nelson
A trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.
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District judge joins Judicial Conference

November 10, 2009
IL Staff
U.S. District Judge Richard L. Young of the Southern District of Indiana has become a member of the Judicial Conference of the United States, the court announced today.
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Court clarifies responses under T.R. 56(I)

November 10, 2009
Jennifer Nelson
The Indiana Court of Appeals used a decision today to clarify that when a nonmoving party has received an enlargement of time pursuant to Indiana Trial Rule 56(I), any response must be made within the additional time period granted by the trial court.
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Senators still stalling judge's Circuit nomination

November 10, 2009
Michael Hoskins
An Indianapolis judge's potential elevation to the federal appeals bench remains controversial even as the full U.S. Senate inches closer to voting on his nomination in the next week.
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Trial court didn't err in denying mistrial

November 9, 2009
Jennifer Nelson
A trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.
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Officer safety justified opening ajar car door

November 9, 2009
Jennifer Nelson
The opening of an ajar car door by a police officer during a foot chase with a suspected robber didn't violate the man's federal or state constitutional rights, the Indiana Court of Appeals concluded today.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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