Indiana Trial Courts

Court won't remove trial judge in Simon case

November 17, 2011
Michael Hoskins
The Indiana Court of Appeals has dismissed an appeal filed by Melvin Simon’s widow, finding that it doesn’t have jurisdiction to remove a Hamilton Superior judge from the case involving the late mall-magnate’s estate valued at more than $2 billion.
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Simon sues state over Amazon sales tax exemption

November 4, 2011
IL and IBJ Staff
A Marion Superior lawsuit is accusing Indiana of violating the state constitution by not collecting sales taxes from Amazon.com Inc.
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Finding the right forum

October 26, 2011
Michael Hoskins
Marion County’s small claims courts are unifying practices and ensuring litigants know their rights.
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Courts limiting workers' online conduct

October 26, 2011
Michael Hoskins
Workplace Internet policies go up against free speech concerns.
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Court weighs cost of transportation

October 26, 2011
Michael Hoskins
The Indiana Supreme Court balances due process and parental rights.
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Attorney must register as a sex offender

October 7, 2011
Jennifer Nelson
An attorney and former Democratic candidate for Gibson County prosecutor indicted on charges including possession of child pornography and false informing, entered into a plea agreement Tuesday that wouldn’t have required he register as a sex offender. After further review, the trial judge realized Indiana law requires him to do so.
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Deputy owed no duty to warn of icy road

October 6, 2011
Jennifer Nelson
A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.
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COA: Court erred in admitting probable cause affidavit

October 5, 2011
Jennifer Nelson
A trial court should not have admitted a probable cause affidavit that contained multiple layers of hearsay at a probation revocation hearing, the Indiana Court of Appeals concluded Wednesday.
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Court commission OKs new judicial officer requests

September 16, 2011
Michael Hoskins
The Commission on Courts held its final meeting on Thursday, voting in support of new judicial officers for a handful of Indiana counties and agreeing to send those recommendations on to state lawmakers for consideration.
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Court issues rules on bulk access to Odyssey case records

September 15, 2011
Michael Hoskins
After more than four years of requests from commercial case management system vendors, the Indiana Supreme Court has outlined how third-parties can interface with the state-provided system to provide broader public access to Indiana court records.
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Bomb threat causes evacuation of courthouse

September 14, 2011
Jennifer Nelson
A bomb threat called into the clerk’s office in Hancock County Wednesday morning prompted an evacuation of the building for several hours.
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Special masters named in judge's disciplinary case

September 14, 2011
Michael Hoskins
The Indiana Supreme Court has appointed three trial judges as special masters to preside over the disciplinary case of one of their city court colleagues from Lake County, who is accused of operating an illegal traffic school, dismissing cases without assessing required fees, and dissuading one litigant from contesting a seatbelt violation in court.
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Former Jackson Circuit Judge Robert R. Brown dies

September 14, 2011
Jenny Montgomery
Robert R. Brown, retired Jackson Circuit judge, died Sept. 12 at his Brownstown home. He was 78.
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COA orders new trial for overly talkative defendant

September 14, 2011
Jenny Montgomery
In a divided opinion, the Indiana Court of Appeals has reversed a trial court’s denial of motion for mistrial, holding that the court went too far in physically preventing a defendant from speaking.
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Appeals court sets arguments in Camm case

September 12, 2011
IL Staff
The Indiana Court of Appeals has schedule oral arguments in the case of the former Indiana State Police trooper accused of killing his wife and children in 2000.
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Bar foundation names 'legendary lawyer'

September 9, 2011
Jenny Montgomery
The Fellows of the Indiana Bar Foundation have chosen Leslie Duvall as the 2011 Legendary Lawyer. On Sept. 27, Indianapolis firm Lewis & Kappes will hold a ceremony in his honor.
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Attorney general wants State Fair class action dismissed

August 30, 2011
IL Staff
The Office of the Indiana Attorney General filed a motion Monday in Marion Superior Court to dismiss a proposed class-action lawsuit filed as a result of the stage collapse at the Indiana State Fair.
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Class-action lawsuit filed over State Fair stage collapse

August 23, 2011
Scott Olson
A class-action lawsuit filed by an Indianapolis law firm is the largest legal action to arise so far from the collapse of a concert stage at the Indiana State Fair.
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Indiana courts contemplate response to potential juror apathy

August 17, 2011
Michael Hoskins
Kelly Scanlan can’t understand why people don’t want to serve on juries or why some don’t even respond to questionnaires and show up when called.
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Rising CHINS cases cause concern

August 17, 2011
Jenny Montgomery
Southern Indiana counties struggle with increase in child abuse cases.
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Jefferson County Courthouse reopens

August 12, 2011
Jennifer Nelson
More than two years after an accidental fire destroyed the Jefferson County Courthouse roof and heavily damaged the upper floor, those displaced by the fire have moved back into the landmark.
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COA allows for admission of vehicle photo in personal injury action

August 10, 2011
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time the issue of whether a photograph admitted at trial showing little damage to a truck involved in an accident is inadmissible on the grounds that it’s irrelevant to any determination of bodily injury.
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Online court employee training begins Aug. 18

August 8, 2011
IL Staff
In an effort to give a general introduction of the judicial system to new trial court employees, a new online training program has been created and is now open for enrollment.
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Scott County joins statewide CMS

August 8, 2011
IL Staff
Scott County is the latest county to become connected to Odyssey, a case management system that has slowly been implemented throughout the state.
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Lawmakers may consider sentencing options for children waived to adult court

August 3, 2011
Michael Hoskins
Within a six-month period, one Indiana county prosecutor faced two situations where he had to make one of the toughest types of decisions – whether a child should be tried in juvenile or adult court based on the brutality of a crime and age of the offender.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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