The Marion Superior Court Family Resource Center - created by the Family Court Project for families with legal disputes - opens Monday and will offer easier access to information about legal and social services resources. The center will provide resources and referrals for various services such as domestic violence, protective orders, substance-abuse treatment options, and how to find an attorney. Residents filing pro se will be able to view videos that walk them through the self-representation process, as well as use...

The Indiana Court of Appeals will hear arguments in a case regarding the state's sex offender residency law March 31 at Indiana University School of Law - Indianapolis.In State of Indiana v. Anthony W. Pollard, Pollard is a convicted sex offender who has lived for 20 years within 1,000 feet of a property where children could gather. He was charged for violating Indiana Code 35-42-4-11 and told that he could no longer live in his home. Pollard argues the law was...

The Indiana Supreme Court granted two transfers this week.Justices will consider an Indiana State University case involving unemployment benefits for a discharged university professor, and another case delving into the attorney general's power to demand discovery in consumer complaint investigations.One transfer comes in the combined appeals of Liberty Publishing Inc. and Nu-Sash of Indianapolis v. Steve Carter, No. 49A02-0606-CV-502, which the state's appellate court ruled on June 25. The appeals court affirmed Marion Superior Court judgments that the attorney general has the...

Indiana has lost a longtime Marion County judge who's been on the probate bench for three decades and was considered one of the state's top probate jurists.Marion Superior Judge Charles Deiter, 71, who presided over the court's probate division, lost a battle to cancer this morning, according to his colleague and longtime friend Judge Tanya Walton Pratt."He was a wonderful judge, someone who was well-loved by everyone in the community and on the bench," said Judge Pratt, who said the two...

An Indiana attorney often in trouble with the Indiana Supreme Court Disciplinary Commission was convicted Friday of crimes against a woman in a wheelchair. Northern Indiana attorney Michael Haughee was convicted of sexual battery and criminal confinement, both Class D felonies, and interference with the reporting of a crime, a Class A misdemeanor. Haughee was arrested in October 2006 following an incident at the woman's home. Haughee claimed he went to the woman's house to register her to vote. At the...

A $42 million class action lawsuit involving Indiana state employees is scheduled to go to trial Aug. 19 in Marion Superior Court. The lawsuit was brought by state employees who worked more hours than other state employees in comparable jobs. In Paula Brattain, et al. v. Richmond State Hospital, et al., No. 49D11-0108-CP-1309, the class seeks compensation from the state for an estimated 15,000 state employees who were required to work a 40-hour week while some employees in similar positions at...

In the first of its kinds for any federal appellate court, the 7th Circuit Court of Appeals has ruled in favor of an Indiana woman who claimed she was wrongly fired for taking time off work to have in vitro fertilization.The 7th Circuit issued its decision on the Illinois case Wednesday in Cheryl Hall v. Nalco Co., No. 06-3684, a case that could have implications for women workers across the country. The appellate panel reversed a ruling from U.S. District Judge David...

An Indiana Court of Appeals panel disagrees about whether or not a parent who uses day care when he or she isn't working is entitled to a child-support tax credit.In Craig Cross v. Victoria Cross, No. 49A05-0802-CV-94, authoring Judge Elaine Brown and Judge Paul Mathias ruled the trial court erred in ordering father Craig Cross to pay $30 more a week to pay for Victoria Cross' work-related day care for their adult child with autism. At issue is whether or not the...

Within the Hoosier legal community, Richard S. Shepard may get the most recognition as the father of Indiana's chief justice.But the Evansville man's life stands out on its own, ranging from island-hopping invasions in World War II to being a franchiser who helped pioneer the fast-food revolution of McDonald's.The 87-year-old father of Indiana Chief Justice Randall T. Shepard died Sunday in Ft. Myers, Fla.Born in Chicago to Earle L. and Mary Schilling Shepard on May 11, 1921, Richard Shepard was part...

The Indiana Court of Appeals reversed a trial court decision to allow a couple to inspect a company's financial statements, finding the trial court relied only on an affidavit - and not testimony - to allow the inspection. In Bacompt Systems, Inc. v. Angelina Peck and David C. Peck, No. 29A02-0708-CV-646, the Pecks made separate written requests to view Bacompt's financial documents. The Pecks, who lived in Pennsylvania, owned approximately 25 percent of the company's stock. Prior to David C. Peck's termination...

The Indiana Supreme Court granted four transfers yesterday in cases involving expungement of an arrest record, Indiana's prostitution statutes, a landlord/tenant dispute, and whether control or title is critical in determining whether the vendor in a land-sale contract owes a duty to third parties. In State of Indiana v. Chad Arnold, No. 49A02-0610-CR-961, the Indiana Court of Appeals reversed a trial court order denying the state's motion pursuant to Indiana Trial Rule 60(B), which requested relief from the order that Indiana State...

Faced with the possibility of cutting even more from the Carroll County's courts budget this year, that county's judges stood firm against Carroll County Council requests to again slash the court's budget. The judges sent a letter to the council stating if the Indiana Supreme Court would relieve the courts of some duties, then the court's budget could be further reduced. The letter was sent to point out the absurdity of the requested cuts, said Carroll Superior Judge Jeffrey Smith. Cutting...

The Indiana Supreme Court granted transfer June 26 to a case involving a summary disposition in favor of the state on a post-conviction relief petition. In Shawn E. Norris v. State of Indiana, No. 43A03-0708-CR-396, Shawn Norris filed for post-conviction relief alleging newly discovered evidence. Norris' stepsister told police that Norris had touched her daughter. Norris pleaded guilty to the charge of child molesting.After Norris was sentenced, he filed his petition for post-conviction relief and included an affidavit from his stepsister, saying...

The Indiana Court of Appeals upheld a man's convictions of failing to register as a sex offender, finding his argument "nonsensical" that his duty to register began before the statute was enacted.In Jesse S. McCown v. State of Indiana, No. 79A05-0710-CR-556, Jesse McCown appealed his two counts of failure to register as a sex offender, a Class D felony.McCown pleaded guilty in 1987 to child molesting and was sentenced to serve consecutive six- and two-year terms. In 1994, the General Assembly...

Attorneys who make civil filings are now paying for judicial salaries and future participation of magistrates in a state pension program.Civil filing fees increased slightly on July 1, raising the standard cost from $133 to $136 to pay for court administration and judicial salaries.The General Assembly increased the court administration fee from $3 to $5, and the judicial salaries fee went up from $17 to $18. Other fees remain unchanged.Some attorneys in Marion County have called the local clerk's office to...

The Indiana Supreme Court vacated a judgment in favor of a plaintiff who claimed he was injured by slipping on diesel fuel at a gas station, because of a pair of jeans introduced as evidence on the first day of trial. Those jeans, which the plaintiff said he was wearing the day of the accident, were introduced by the plaintiff without communicating the discovery to the opposing party. In Speedway SuperAmerica, LLC v. Gerald and Madeline Holmes, No. 45S05-0711-CV-258, Speedway appealed the...

The Indiana Court of Appeals reversed a defendant's convictions of public intoxication and carrying a handgun without a license because there wasn't enough evidence to prove either charge. In Cahisa Jones v. State of Indiana, No. 49A02-0708-CR-658, police responded to a call about suspicious activity at a location in Indianapolis. When the officers arrived, they saw a car parked in a private driveway behind a vacant house. Inside, Jones was lying in the front passenger seat with empty whiskey bottles and beer...

The Indiana Supreme Court says that insurance policy language "bodily injury" includes emotional distress subject to its own damage limits, but only if those making the claim are directly involved in the underlying accident or incident.A trio of anticipated rulings came late afternoon on Feb. 28 from the state's highest court, with Justice Frank Sullivan authoring all three as they involve similar cases regarding insurance policy coverage of emotional distress. The cases are: State Farm Mutual Automobile Insurance Co. v. Patricia Jakupko, et...

The Indiana Supreme Court is taking on three issues relating to sex-offender restrictions, from when juveniles can be placed on a statewide registry to whether someone can be placed on the list for life.Justices granted transfer in the past week for three criminal cases relating specifically to sex offenders and when people convicted of those crimes must have their names put on the online-accessible public registry.In J.C.C. v. State of Indiana, No. 49A02-0403-JV-266, the court is taking on a case that asks...

Courts in 16 Indiana counties are seeking public comment on proposed local rule changes, including caseload allocations and court reporter services and fees. The comments are due by the end of June or the middle of July, depending on the county.Cass, Daviess, Lake, LaPorte, Madison, Miami, Jasper, Porter, St. Joseph, Vanderburgh, and Wabash are seeking comment on their courts' caseload allocation plans. Jackson, Morgan, Perry, Ripley, and Warrick counties are seeking comment regarding court reporter fees.In addition to caseload plans, LaPorte...

A trio of opinions from the Indiana Supreme Court gives trial courts additional guidance about how to handle prisoner claims regarding how credit time is applied to sentences.The three-ruling package deal came down late Thursday, with the court simultaneously granting transfer and deciding Keith Neff v. State of Indiana, No. 49S02-0806-CR-362; and Charles Young v. State of Indiana, Nos. 27S02-0806-PC-363 and 27S02-0806-PC-364.Justice Frank Sullivan authored the decisions that are all designed to clarify a ruling the Supreme Court made in Robinson v....

A former Indiana Department of Correction inmate has filed a federal suit claiming that county jail staff and contracted medical personnel didn't give him proper medical care and contributed to his development of cancer while he was behind bars.New Richmond resident Phillip Andrew Springer filed suit Thursday in the U.S. District Court in Indianapolis seeking damages against the Putnam County Sheriff's Department, correctional authorities, and contracted medical providers for "deliberate indifference" to his medical needs while he was incarcerated. As a...

How the law and legal associations can lessen the impacts of poverty both at home and abroad will be the focus of a Law, Poverty and Economic Inequality Conference April 3 and 4 at Valparaiso University School of Law.Visiting professor Penelope Andrews organized the conference in response to the various ways globalization has affected poverty through job loss, diminishing labor rights, lower earnings, and an increase in private companies taking over the former responsibilities of governments. The event will consist of...

Indiana's largest county has been chosen to join six other states in a series of leadership-development workshops to study juvenile justice reform nationally.On May 13, the non-profit Annie E. Casey Foundation selected Marion Superior Juvenile Magistrate Gary Chavers and Chief Juvenile Probation Officer Chris Ball to participate in the program because of their work recently on juvenile detention alternatives. For the past two years, the county has been Indiana's only site participating in the Juvenile Detention Alternatives Initiatives (JDAI), which has...

One of the most vocal civil liberties advocates battling Indiana's voter identification law won't make his pitch to the Supreme Court of the United States this week.When the nation's highest court hears the much-anticipated arguments Wednesday morning, Indiana Solicitor General Tom Fisher will argue for the state attorney general's office. But Ken Falk, who heads the legal department of American Civil Liberties Union of Indiana, won't face the justices, nor will Indianapolis attorney William Groth, who represents the plaintiff, the Indiana...