Courts

GOP chairman praises Gorsuch pick as confirmation opens

March 20, 2017
 Associated Press
The chairman of the Senate Judiciary Committee praised President Donald Trump’s Supreme Court pick on Monday for an “unfailing commitment” to the principle of separation of powers, as Judge Neil Gorsuch's confirmation hearing got underway.
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Supreme Court rejects appeal of former Connecticut governor

March 20, 2017
 Associated Press
The U.S. Supreme Court on Monday declined to disturb the convictions of former Connecticut Gov. John Rowland for conspiring to hide his work for two Republican congressional candidates, several years after he resigned from office and served prison time for corruption.
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The doctrine sure to emerge in Gorsuch hearings

March 17, 2017
 Associated Press
When Democrats question Supreme Court nominee Neil Gorsuch at his Senate confirmation hearing next week, they'll probably ask a lot about something called "Chevron deference."
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Court records sealed in Indiana homicide case

March 17, 2017
 Associated Press
Court records have been sealed in a homicide case against an Indiana mother accused of smothering her two children.
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COA orders new attempted murder trial

March 17, 2017
Olivia Covington
The Indiana Court of Appeals has ordered a new trial in a Greene County attempted murder case after finding the trial court incorrectly applied the standard of a “knowing” mens rea, rather than a “specific intent to kill.”
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Supreme Court: Man allowed to view video of controlled drug buy with informant

March 17, 2017
Olivia Covington
A Vigo County man facing drug charges will now be able to review a video of a controlled drug buy between himself and an informant after the Indiana Supreme Court decided Friday that the disclosure of the video would be relevant and helpful to his case.
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Dissent: Teen killer’s 110-year sentence warrants review

March 17, 2017
Dave Stafford
A man who was convicted of murdering two people in an East Chicago confrontation in 1996 when he was 16 is entitled by subsequent U.S. Supreme Court rulings to a fresh look at his sentence, a dissenting 7th Circuit Court of Appeals judge wrote.
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Insurance company wasn’t required to cover late claim

March 16, 2017
Olivia Covington
An insurance company was not required to defend an Indiana doctor in a medical malpractice case because the applicable insurance policy had expired before the insurer received notice of the claim.
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Teen’s felony murder conviction upheld

March 16, 2017
Olivia Covington
An man’s felony murder conviction in Elkhart County will stand after the Indiana Court of Appeals held Thursday there was sufficient evidence to support it and that the trial court did not err in instructing the jury.
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COA: Mother denied right to counsel in adoption proceeding

March 16, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a Johnson County adoption after finding the mother was denied due process when the adoption court found that she had waived her right to counsel.
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Pence wants Supreme Court to dismiss public records case after release of white paper

March 16, 2017
Olivia Covington
After a “white paper” detailing a legal challenge to a federal immigration order was leaked as part of a journalistic investigation, attorneys for former Gov. Mike Pence are petitioning the Indiana Supreme Court to dismiss a court case seeking to uncover the contents of the white paper, saying the case is now moot.
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Alito: US' dedication to religious liberty being tested

March 16, 2017
 Associated Press
The U.S. is entering a period when its commitment to religious liberty is being tested, Supreme Court Justice Samuel Alito told an audience Wednesday at an event in Madison, New Jersey, sponsored by a Catholic lawyers' organization.
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Women reach plea deals in prostitution case involving teen

March 16, 2017
 Associated Press
Three Indianapolis women, including a guardian, have reached plea agreements with prosecutors in connection with prostitution-related charges involving a teenage girl.
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Revised Trump travel ban blocked by 2 courts

March 16, 2017
 Associated Press
President Donald Trump’s revised travel ban has suffered another federal court setback after a judge in Maryland rejected a revised measure that bans travel targeting six predominantly Muslim countries.
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Young wants to fill Indiana seats on federal courts quickly

March 15, 2017
Marilyn Odendahl
With the deadline passed to apply for openings in the federal courts in Indiana, Sen. Todd Young’s office says it wants to move quickly to select candidates to fill the positions.
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CIB ordered to give deposition in IRS-Simon lawsuit over Pacers deal

March 15, 2017
Greg Andrews, IBJ Staff
Indianapolis' Capital Improvement Board has failed in its effort to avoid getting entangled in a legal dispute between the IRS and Mel Simon’s widow stemming from Mel’s sale of his half of the Indiana Pacers to his brother Herb in 2009.
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COA rejects ineffective counsel claim based on judge’s sentencing practices

March 15, 2017
Olivia Covington
A man who pleaded guilty to child molesting cannot prove that he received ineffective assistance of trial counsel, the Indiana Court of Appeals held Wednesday, but the post-conviction court must still address the issue of whether his plea was voluntary.
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Judicial Conference recommends new judgeship for Indiana’s Southern District

March 15, 2017
IL Staff
A new permanent judgeship for the U.S. District Court for the Southern District of Indiana is among the Judicial Conference of the United States’ recommendations to Congress for the creation of nearly five dozen new judgeships across the country.
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Woman may amend tortious interference claim against Allison Transmission

March 15, 2017
Olivia Covington
A woman who alleges that an Indianapolis company contributed to her employment termination may continue her defamation claim against the company and amend her tortious interference claim pursuant to Indiana trial rules, the Indiana Court of Appeals has ruled.
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Supreme Court seeks feedback on proposed rules amendments

March 15, 2017
IL Staff
The Indiana Supreme Court is seeking feedback on proposed changes to judicial rules from Hoosier legal professionals and members of the public.
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Admission and discipline rules amended to allow temporary law licenses

March 15, 2017
IL Staff
A recent amendment to Indiana Rules for Admission to the Bar and the Discipline of Attorneys has created a new pathway for attorneys admitted to practice in other states to gain a temporary law license in Indiana.
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Suspended judge gets probation for shoving police chief

March 15, 2017
 Associated Press, IL Staff
A suspended eastern Indiana city court judge has been placed on probation for shoving a police chief who also is his nephew.
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Police chasing thousands of tips in killing of 2 girls

March 15, 2017
 Associated Press
A month after two teenage girls were found slain after vanishing during a northern Indiana hiking trip, investigators said Tuesday they continue following up on thousands of tips that have led officers to interview more 300 people for possible involvement in the case.
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Murder charges dropped against Gary woman after years in jail

March 15, 2017
 Associated Press
Charges have been dropped against a Gary woman who has been in jail for more than four years accused of arranging the death of a business associate.
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Indiana man accused of spreading HIV sentenced to prison

March 15, 2017
 Associated Press
A Terre Haute man accused of spreading HIV has been ordered to serve 20 years in prison.
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  1. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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