Courts

President picks prosecutor for Northern District

January 1, 2009
Michael Hoskins
The veteran federal prosecutor who's filled in three times as interim chief has been chosen for the permanent role as U.S. Attorney for the Northern District of Indiana, the White House announced this morning. David Capp, who's been a federal prosecutor for 24 years, has been the acting U.S. Attorney in the Northern District since July 2007, filling the spot after Joseph Van Bokkelen's confirmation to the District Court. Democratic Sen. Evan Bayh nominated Capp for the job from several...
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U.S. judge sanctions Indianapolis law firm

January 1, 2009
Michael Hoskins
A federal judge has sanctioned an Indianapolis law firm that employed a few attorneys he says helped abuse the discovery process, failed to correct misleading or false statements made by its client, and didn't properly turn over to the court or opposing counsel key documents relating to an environmental contamination case out of Southern Indiana.In a 66-page order issued Friday, U.S. District Judge Larry McKinney in the Southern District of Indiana determined that Bose McKinney & Evans should be sanctioned for...
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COA: Man didn't waive right to appeal sentence

January 1, 2009
Jennifer Nelson
Because the trial court may have made confusing remarks at a man's guilty plea hearing indicating he "may" have waived the right to appeal, only to later inform him of his right to appeal, the Indiana Court of Appeals concluded the defendant hadn't waived that right to appeal. The appellate court did affirm the defendant's 30-year advisory sentence for dealing in cocaine, finding he failed to prove it was inappropriate. In Luis Ruiz Bonilla v. State of Indiana, No. 20A05-0902-CR-85, the...
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UPDATE: Court suspends indicted judge

January 1, 2009
Jennifer Nelson
The Indiana Supreme Court released an order this afternoon suspending LaPorte Superior Judge Jennifer Koethe following her indictment on a charge of felony attempted obstruction of justice. Pursuant to Indiana Admission and Discipline Rule 25(V)(A), the high court shall suspend a judge with pay if he or she is indicted on a felony charge. The suspension takes effect at midnight May 11 and will continue until further order of the court. As a result of Judge Koethe's suspension, the Supreme Court...
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Judge's nomination vote set - again

January 1, 2009
IL Staff
  The Senate Judiciary Committee plans to vote June 4 on U.S. Judge David Hamilton's nomination for the 7th Court of Appeals. The panel had postponed the vote originally planned for May 21 to give some members more time to review the judge's record. An agenda shows the executive business meeting will begin at 10 a.m. and be webcast live.
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Former Justice Richard Givan has died

January 1, 2009
IL Staff
st1\:*{behavior:url(#ieooui) } Former Indiana Supreme Court Justice Richard Givan has died, according to a news release from the court. He was 88. Justice Givan was elected to the court in 1968 and served continuously until his retirement in December 1994. He served as chief justice from November 1974 to March 1987. He received an LL.B. from Indiana University in 1951 and was admitted to the Indiana bar in 1952. A fourth generation lawyer, his great-grandfather, Noah S. Givan, was a circuit...
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Court sanctions Indianapolis attorney

January 1, 2009
Michael Hoskins
An Indianapolis attorney has received a public reprimand in the third and final leg of a yearlong disciplinary triangle, which has led to a Marion Superior judge's suspension and a commissioner's resignation and banishment from the bench.
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Governor: merit-selection 'is not broken'

January 1, 2009
Michael Hoskins
Gov. Mitch Daniels has vetoed legislation that would have ended merit-selection of St. Joseph Superior judges and instead made them run for office in non-partisan elections and create a new three-judge panel for the Indiana Court of Appeals. On the deadline for action on House Enrolled Act 1491, the governor late this afternoon used his veto power for the third time this session and rejected it. The legislation would have called for non-partisan elections to choose the county's eight Superior judges...
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Justices to hear compulsive gambling case

January 1, 2009
Jennifer Nelson
The Indiana Supreme Court will hear arguments in three cases Thursday, including a suit in which a woman claims a casino took advantage of her gambling addiction. Arguments begin at 9 a.m. in Caesars Riverboat Casino LLC v. Genevieve Kephart, No. 31S01-0909-CV-303. Caesars originally filed a suit against Genevieve Kephart after she failed to repay a gambling debt. The casino sought repayment, treble damages, and attorney fees. But Kephart counterclaimed, arguing the casino unjustly enriched itself because it knew she had...
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Judges differ in interpretation of earlier ruling

December 31, 2008
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed today as to whether a man's convictions of attempted sexual misconduct with a minor and attempted dissemination of matter harmful to minors should be reversed because his intended victim was actually a police officer conducting an online sting operation.
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Southern District amends Local Rule

December 30, 2008
IL Staff
The United States District Court for the Southern District of Indiana has amended its Local Rule 65.2 - Motions for Preliminary Injunctions and Temporary Restraining Orders.
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Court erred in dismissing claim with prejudice

December 30, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding the court misinterpreted a previous appellate ruling to support the dismissal.
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Mom's promoting prostitution sentence stands

December 30, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.
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Parties can't pick certain provisions to enforce

December 29, 2008
Jennifer Nelson
The Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.
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COA upholds violent offender registration

December 29, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed that the state's sex and violent offender registry doesn't violate the Indiana Constitution by requiring violent offenders to register for a 10-year period or for life.
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Court rules on tort claims and wrongful death

December 29, 2008
Jennifer Nelson
The Indiana Supreme Court tackled the issue of the interaction of the statute of limitations provision under the state's Wrongful Death Act and the statute of limitations provision for an underlying substantive tort claim in two opinions released Dec. 24.
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Court agrees on ID standard, split on 'injury'

December 24, 2008
Michael Hoskins, Michael HoskinsMore

Prisoner litigant's case deemed frivolous

December 24, 2008
Michael Hoskins
One of Indiana's most well-known pro se prisoner litigants continues to be a subject for the state's appellate courts.
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Newly elected judge shot in northern Indiana

December 24, 2008
Michael Hoskins
A northern Indiana deputy prosecutor and soon-to-be LaPorte Superior judge was shot in her home late Monday night.
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COA: Let a sex offender stipulate

December 23, 2008
Michael Hoskins
A convicted sex offender accused of failing to register will get a new trial, the Indiana Court of Appeals ruled today.
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Justices issue robo-call decision

December 23, 2008
Michael Hoskins
The Indiana Supreme Court says the state's two-decade old law on pre-recorded, autodialed calls isn't limited to those placed to consumers with commercial messages. But justices stopped short of deciding how the law applies to political messages, leaving that question for another day.
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Appellate court rules on GAL fees

December 23, 2008
Michael HoskinsMore

Muncie lawyer named city court judge

December 22, 2008
Michael Hoskins
A Muncie law firm will remain intact after both of its longtime partners take the bench in January.
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Court will hear attorney withdrawal case

December 22, 2008
Michael Hoskins
The Indiana Supreme Court has agreed to take a case exploring how litigants can proceed on their own after the attorney withdraws prior to trial, particularly when a language barrier may exist.
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COA: Warrant didn't need to be admitted

December 22, 2008
Rebecca Berfanger
In a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.
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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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