Marion County

COA: Auditor complied with notice statutes in tax sale

August 18, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a 2013 order by a trial court that tax sale deeds be issued, agreeing that the Marion County auditor complied with the statutes dealing with notices surrounding tax sales.
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Delayed releases continuing problem at Marion County Jail

August 15, 2014
Dave Stafford
Two Marion Superior criminal court judges said Friday they continue to be frustrated by delayed releases of arrestees detained after orders have been signed for their release.
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Argumentative passenger’s public intoxication conviction reversed

August 11, 2014
Dave Stafford
A passenger in a car that a police officer stopped after seeing an arm and object hanging out of the car window, followed by the sound of shattering glass, was improperly convicted of public intoxication, the Indiana Court of Appeals ruled Monday.
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COA: Sentencing court must hear inmate’s habeas petition

August 11, 2014
Dave Stafford
A man serving a 60-year murder sentence at the Pendleton Correctional Facility must seek relief in the court where he was sentenced, the Indiana Court of Appeals ruled Monday.
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Former Marion Superior court administrator takes UIndy post

July 31, 2014
Dave Stafford
The former administrator of Marion Superior Courts has taken a key position directing the growth of the University of Indianapolis.
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Venue change granted for Indy house blast suspect

July 31, 2014
 Associated Press
A judge granted a change of venue Wednesday for the trial of one defendant in a deadly Indianapolis house explosion after prosecutors dropped their objection.
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Court allows education board lawsuit to proceed

July 29, 2014
 Associated Press
A Marion County judge has cleared the way for a lawsuit to proceed against members of the State Board of Education that alleges public access violations.
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Judge orders Indiana BMV to resume selling plates

July 17, 2014
 Associated Press
The Indiana Bureau of Motor Vehicles must resume issuing personalized license plates, a Marion County judge ordered Wednesday, but that doesn't mean it'll happen in the near future.
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Ruling may expedite demise of Marion County township venues

July 16, 2014
Dave Stafford
Marion County’s unique township small claims courts may be on the verge of extinction, hastened by a game-changing ruling this month by the full 7th Circuit Court of Appeals.
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Convenience stores continue fight for cold beer

July 15, 2014
Marilyn Odendahl
Indiana convenience stores are pushing forward with their effort to persuade the courts to upend the state’s restrictions on cold beer sales.
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Dentist’s reputation, privacy and identity are not chattel under T.R. 75(A)(2)

July 9, 2014
Jennifer Nelson
The Indiana Court of Appeals decided that the preferred venue of a woman’s lawsuit against her ex-boyfriend alleging defamation and other claims is in Marion County where the man resides and not in Lake County where she works. The opinion hinged upon whether there were chattels involved.
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Curry: 12-hour arrestee probable cause rule unrealistic

July 8, 2014
Dave Stafford
Marion County Prosecutor Terry Curry told judges Tuesday that a proposed rule requiring a probable cause determination within 12 hours of an arrest in major felony cases would “set up the criminal justice system to fail in many instances.”
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Divided 7th Circuit revives Marion County Small Claims suit

July 3, 2014
Jennifer Nelson
More than eight months after Judge Richard Posner argued in a dissent that Newsom v. Friedman needs to be overruled, the 7th Circuit Court of Appeals did just that in an en banc decision involving Marion County’s Township courts.
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Car dealer responsible for buyer’s unauthorized purchases at auction

July 2, 2014
Jennifer Nelson
After finding that a trial court did not err in reinstating an action after initially dismissing it with prejudice, the Indiana Court of Appeals affirmed summary judgment in favor of Automotive Finance Corp. on its action seeking repayment of loans made to purchase cars.
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Financial picture worsens for Marion County courts

July 2, 2014
Dave Stafford
In Marion County, the funding shortfall is projected to be $4.6 million for 2015. Courts are routinely dealing with persistent shortfalls to support guardians ad litem appointed to represent juveniles in child in need of services cases.
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Judges, prosecutor at odds over 12-hour rule for Indy arrestees

June 27, 2014
Dave Stafford
Marion Superior judges Friday delayed enacting a policy opposed by Prosecutor Terry Curry that would ensure major felony suspects a probable cause determination within 12 hours of arrest.
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COA: Bank could charge back account after check is lost

June 26, 2014
Jennifer Nelson
A man who withdrew nearly all of the money in a bank account is personally liable to pay back that money to the bank, the Indiana Court of Appeals ruled Thursday. The bank had lost a check deposited into the account and the account holder was unable to help the bank identify the check writer to obtain a replacement check.
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2 contractors accused of wage violations accept plea deals

June 23, 2014
Dennis Barbosa
The Marion County Prosecutor's Office has reached plea agreements in two cases in which a contractor was accused of paying workers less than the required wage on publicly financed projects.
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Deposition challenges timing of BMV overcharges

June 16, 2014
 Associated Press
A former deputy director at the Indiana Bureau of Motor Vehicles says he told agency leaders as early as 2010 that many BMV fees exceeded what was authorized under Indiana law but that the agency kept overcharging Hoosiers for at least two years to avoid budget troubles.
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Odyssey to shut down as Marion County transitions to system

June 13, 2014
Dave Stafford
The state-supported Odyssey case management system and its public online portal mycase.in.gov will go offline Friday evening as Marion County transfers its criminal cases into the system.
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Father entitled to counsel at contempt hearing

June 13, 2014
Jennifer Nelson
A Marion County man has made a prima facie showing that the trial court erred by denying his request for counsel at a hearing on contempt. Brian Moore’s ex-wife wanted him found in contempt for not paying the full amount of child support.
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Tax Court affirms 2006 assessment appealed pro se

June 5, 2014
Jennifer Nelson
Although sympathetic to a mother and daughter’s plight, the Indiana Tax Court affirmed the 2006 assessment of a downtown Indianapolis condominium. The judge pointed out that pro se litigants are held to the same standards as licensed attorneys.
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Justices question prosecutor’s tactics, but decline to award new trial

June 4, 2014
Jennifer Nelson
The Indiana Supreme Court ruled Tuesday that while a Marion County prosecutor committed one instance of prosecutorial misconduct during a man’s trial for sexual misconduct with a minor, the effect of this misconduct did not make a fair trial for the defendant impossible.
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Judges to tour Chicago-area justice centers

June 2, 2014
Dave Stafford
Marion Superior judges this week will visit two suburban Chicago criminal justice complexes as Indianapolis officials proceed with plans to build a jail and criminal courts complex west of the downtown mile square.
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Prosecutor’s ‘continual misconduct’ warrants new molestation trial

June 2, 2014
Dave Stafford
A man’s child molesting convictions were vacated and he was granted a new trial by the Indiana Court of Appeals, which found prosecutorial misconduct amounting to fundamental error. It’s the second reversal and remand attributable to the same prosecutor, the court noted.
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  3. 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.

  4. 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.

  5. 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.

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