Latest News

Judges find enhancement doesn't violate double jeopardy principles

January 11, 2011
Jennifer Nelson
The Indiana Court of Appeals tackled an issue of first impression in a case involving double jeopardy principles. A defendant’s sentence was enhanced under the Firearm Enhancement Statute following a conviction for reckless homicide.
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Security increased following threats to judge

January 11, 2011
Jennifer Nelson
The Huntington County Sheriff’s Department has taken steps to protect a northeastern Indiana judge after learning of threats made against the judge late last week.
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Maurer dean chosen president-elect of national law school association

January 11, 2011
IL Staff
Indiana University Maurer School of Law Dean Lauren K. Robel was elected president-elect of the American Association of Law Schools at the annual meeting of its House of Representatives Jan. 7.
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Chief justice to give State of Judiciary Wednesday

January 11, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard will give his 24th State of the Judiciary Wednesday in the Indiana House Chambers.
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SCOTUS declines to consider Indiana case

January 10, 2011
Michael Hoskins
The nation’s highest court has refused to consider an Indiana case involving whether a defendant’s no contest plea to an out-of-state murder can be used to qualify him as a serious violent felon on a conviction here.
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Judges reverse man's removal from sex offender list

January 10, 2011
Jennifer Nelson
A trial court erred in ordering a man’s name removed from the state’s sex offender registry because the court didn’t provide notice to the appropriate parties or hold a hearing before doing so, ruled the Indiana Court of Appeals.
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COA finds inmate's post-conviction relief process 'confusing'

January 10, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a pro se inmate’s petition for permission to file a belated appeal after his post-conviction relief petition was denied, finding the chronological cases summary to contain inconsistencies. The judges also noted that this particular court has a “documented history” of not organizing and keeping abreast of its post-conviction relief files.
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Justices accept 4 cases

January 10, 2011
IL Staff
The Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.
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Brizzi disciplinary case poses 'actual prejudice' question

January 7, 2011
Michael Hoskins
Former Marion County prosecutor Carl Brizzi took the stand today, defending himself against attorney misconduct charges alleging that he violated professional conduct rules by public statements made on pending cases.
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Marion County deputy prosecutor fired

January 7, 2011
Jennifer Nelson
The Marion County Prosecutor’s Office has fired the deputy prosecutor arrested Jan. 2 for her involvement in a disturbance in an Indianapolis apartment.
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BLE suit moves forward

January 6, 2011
Michael Hoskins
Even as the Indiana Board of Law Examiners searches for a new leader, a federal lawsuit remains pending against the state agency’s questions to prospective lawyers about their mental and emotional health.
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JTAC fee, court-reporter licensing bills proposed

January 6, 2011
IL Staff
Court reporters would need licenses, there would be more money to implement the statewide case management system in trial courts, and convicted sex offenders would be banned from public libraries if these bills introduced this session become law.
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Talk to a Lawyer Today event seeks volunteers

January 6, 2011
Rebecca Berfanger
The annual Talk to a Lawyer Today event will take place on Jan. 17 at locations around the state. While the free CLE opportunities took place in late 2010, volunteers who want to participate may do so if they didn’t attend the CLE.
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General Assembly returns for 2011 session

January 5, 2011
Jennifer Nelson
The Indiana Senate and House of Representatives reconvened this afternoon to begin the 2011 long session. The legislators still have time to file bills, but there are already several bills introduced that may affect Indiana courts and the legal community.
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7th Circuit first to decide on resentencing, procedural rule issue

January 4, 2011
Michael Hoskins
The 7th Circuit Court of Appeals today ruled on an issue that hasn’t been addressed by any of its counterparts nationwide, finding that sentencing guidelines revised three years ago still only give District judges one chance to modify penalties based on a federal criminal rule of procedure.
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Justices appoint Terre Haute judge pro tempore

January 4, 2011
IL Staff
Judge Sarah K. Mullican was appointed by the Indiana Supreme Court as judge pro tempore in Terre Haute City Court, effective Jan. 1, 2011. She was previously the commissioner for the Title IV-D Court in Terre Haute, which deals with the non-payment of child support.
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Justices take case involving stillborn fetus and Med-Mal Act

January 4, 2011
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in which the Indiana Court of Appeals ruled a mother of a stillborn fetus satisfied the actual victim requirement under the Medical Malpractice Act.
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Supreme Court posts foreclosure best practices

January 4, 2011
Rebecca Berfanger
The Indiana Supreme Court has posted best practices regarding mortgage foreclosures filed in Indiana. The Indiana attorney general also filed a petition with the Supreme Court supporting the best practices and asking for the Supreme Court to require those recommendations in mortgage foreclosure proceedings.
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Man accused of planning to blow up courthouse sentenced

January 3, 2011
Jennifer Nelson
The Pike County man who was arrested by police after they discovered his plan to blow up that county’s courthouse was sentenced today after pleading guilty to a charge stemming from the incident.
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Applications being accepted for BLE executive director

January 3, 2011
Michael Hoskins
The Indiana Supreme Court is accepting applications through Jan. 21 for the state Board of Law Examiner’s executive director position. The BLE’s former executive director, Linda Loepker, resigned Dec. 6.
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Southern District bankruptcy judge seeks reappointment

January 3, 2011
Michael Hoskins
After 14 years on the federal bankruptcy bench, U.S. Judge Anthony J. Metz III in the Southern District of Indiana is seeking another term.
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Justices appoint judge pro tempore

January 3, 2011
IL Staff
Judge Julian L. Ridlen was appointed by the Indiana Supreme Court as judge pro tempore in Howard Superior Court 2, effective Jan. 1, 2011. Judge Ridlen takes over for Judge Stephen M. Jessup, who retired from the bench Dec. 31, 2010.
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Judges honored for service, education

January 3, 2011
IL Staff
Numerous judges were honored this year for their service to the community and commitment to higher education in 2010.
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Court hits on 2 first impression issues about prejudgment interest

December 30, 2010
Michael Hoskins
The Indiana Court of Appeals has reversed a trial judge decision against awarding a litigant prejudgment interest in an uninsured motorist case, examining two issues of first impression and finding that state statute warrants the litigant receive that money even when it exceeds insurance policy limits for those types of claims.
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Court clarifies, reaffirms its prior back pay ruling

December 30, 2010
Michael Hoskins
The Indiana Court of Appeals denied an Attorney General’s request to clarify a previous ruling that slashed a $42.4 million damages award, and clarified the two-month period from which state employees can recover back pay.
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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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