Courts

Supreme Court appoints team to look at pro se litigant problems

June 3, 2015
Marilyn Odendahl
Less than two years after appointing a commission to expand civil legal services for the indigent, the Indiana Supreme Court has assembled another group to examine the nagging problems caused by pro se litigants.
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Disciplinary Actions - 6/3/15

June 3, 2015
IL Staff
Find out who's recently been suspended by the Indiana Supreme Court.
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Injured man fails to convince COA he was mentally incompetent

June 2, 2015
Marilyn Odendahl
A split Indiana Court of Appeals found that affidavits from an injured man’s family members as to his mental competency were not sufficient to overcome his failure to file a complaint before the statute of limitations had expired.
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Plan to establish commercial courts in Indiana moves forward

June 2, 2015
IL Staff
The move to create commercial courts in Indiana, first mentioned by Chief Justice Loretta Rush during her State of the Judiciary address in January, is a step closer to becoming a reality. The Indiana Supreme Court announced Tuesday that it has named a working group to recommend policies and procedures for the courts, which could be hearing cases as early as 2016.
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Death sentence reversed in 2001 slaying of Morgan deputy

June 2, 2015
Dave Stafford
The death sentence imposed on a man for the killing Morgan County Deputy Sheriff Daniel Starnes in 2001 has been reversed by the 7th Circuit Court of Appeals.
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COA finds Zionsville has authority to incorporate neighboring township

June 2, 2015
Marilyn Odendahl
Describing itself as having a “hybrid status,” Zionsville successfully argued it had the authority to reorganize with Perry Township and convinced the Indiana Court of Appeals to overturn a lower court’s order blocking its efforts to incorporate the township.
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COA widens class-action suit against Lincoln National

June 2, 2015
Dave Stafford
A former policyholder’s class-action lawsuit claiming Lincoln National Life Insurance breached its contract was expanded Tuesday by a Court of Appeals ruling.
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Monroe County wants to bring trained dogs to court

June 2, 2015
 Associated Press
Efforts are underway in Monroe County to bring trained dogs to the courthouse in Bloomington.
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Parents sue Hobart school district over prayers at school events

June 2, 2015
 Associated Press
A Hobart school district faces a lawsuit over prayers that are said before athletic events, graduations and school board meetings from parents who say the prayers violate the First Amendment.
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Proposed rule bans T-shirts, gum-chewing in courtrooms

June 2, 2015
 Associated Press
A new rule being considered by judges in a southwestern Indiana county would prohibit lawyers, litigants and spectators from wearing T-shirts or shorts or chewing gum in courtrooms.
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More than 300 suspended for CLE, fee or IOLTA violations

June 2, 2015
IL Staff
More than 300 lawyers have been suspended for failing to pay registration fees, meet their continuing legal education requirements or submit certification of Interest on Lawyer Trust Accounts.
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Justices reinstate med-mal suit against doctor in stillbirth

June 2, 2015
Dave Stafford
The Indiana Supreme Court reinstated a medical malpractice case against a Richmond doctor accused of failing to meet the standard of care in examining a pregnant woman whose child subsequently was stillborn.
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Justices affirm stabbing conviction in evidence appeal

June 2, 2015
Dave Stafford
An Anderson man convicted of stabbing his son-in-law lost his appeal to the Indiana Supreme Court Tuesday. The man claimed the trial court wrongly excluded evidence that the victim told others that he had struck the man with a two-by-four piece of lumber before the knife attack.
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Indiana team gets SCOTUS reversal on deportation case

June 1, 2015
Marilyn Odendahl
Characterizing the government’s argument as making “scant sense,” the Supreme Court of the United States reversed the deportation order of a lawful permanent resident convicted for carrying a controlled substance in his sock.
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Justices reject Arizona no-bail law; OK immunity in prison suicide

June 1, 2015
 Associated Press
The Supreme Court of the United States on Monday rejected an Arizona county’s attempt to reinstate a state law that denies bail to people in the country illegally who are charged with certain crimes.
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Indiana Supreme Court to review police search struck down by COA

June 1, 2015
Dave Stafford
The Indiana Supreme Court will review a drug-possession conviction reversed by the Court of Appeals in February because a police search lacked reasonable suspicion.
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SCOTUS: Bankrupt homeowners can't void second mortgage

June 1, 2015
 Associated Press
A unanimous Supreme Court of the United States ruled homeowners who declare Chapter 7 bankruptcy can't void a second mortgage even if the home isn't worth what they owe on the first mortgage.
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High court throws out conviction for Facebook threats

June 1, 2015
 Associated Press
The Supreme Court of the United States on Monday threw out the conviction of a Pennsylvania man prosecuted for making threats on Facebook but dodged the free-speech issues that had made the case intriguing to First Amendment advocates.
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Indiana justices to weigh Lake County small precinct law

June 1, 2015
 Associated Press
The Indiana Supreme Court will hear arguments Thursday over a law that requires Lake County officials to study whether to consolidate election precincts with fewer than 500 active voters.
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7th Circuit affirms solitary confinement; cautions against it

June 1, 2015
Dave Stafford
An Indiana inmate's 30-day stint in solitary confinement at the Miami Correctional facility didn't violate his civil rights, the 7th Circuit Court of Appeals ruled Friday. But the panel cautioned judges and prison officials against wide use of the practice.
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Justices rule for Muslim denied job over hijab

June 1, 2015
 Associated Press
The Supreme Court of the United States ruled Monday for a Muslim woman who did not get hired after she showed up to a job interview with clothing retailer Abercrombie & Fitch wearing a black headscarf.
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Trial date set for Indiana man charged with 2 women's deaths

May 29, 2015
 Associated Press
An Indiana man charged with strangling two women and suspected of killing five others whose bodies were found in abandoned houses last fall faces a June trial unless defense attorneys request a delay.
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COA affirms attempted murder conviction, denial of insanity defense

May 29, 2015
Dave Stafford
A man convicted of attacking and trying to kill his mother’s boyfriend was not prejudiced when a judge denied his request to pursue an insanity defense, a Court of Appeals majority ruled. But a dissenting judge said the man had good cause and would remand for a new trial.
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Judge: Lawyers have responsibility to correct bench errors

May 29, 2015
Dave Stafford
A man’s appeal of his sentence for marijuana-related convictions was denied in a memorandum decision Friday, but an appellate judge wrote the case wouldn’t have been there had a prosecutor or defense lawyer spoken up when a judge erred.
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Split COA: 1992 Michigan sex offender required to register in Indiana

May 29, 2015
Dave Stafford
A man who committed a sex crime in Michigan in 1992 and moved to Indiana in 2012 must put his name in the Indiana Sex Offender Registry created two years after his initial offense, a divided Court of Appeals panel ruled.
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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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