Latest News

Court affirms felony nonsupport of a dependent conviction

July 6, 2010
Elizabeth Brockett
A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction of Class C felony nonsupport of a dependent child.
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High court opening process wasn't public 25 years ago

July 2, 2010
Michael Hoskins
The nearly three-dozen attorneys who’ve applied to become the state’s newest justice sets a record for the past 25 years, but it falls short of the number who’d applied for an Indiana Supreme Court post a quarter century ago.
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Lawyer privately reprimanded for hiring inmate

July 2, 2010
The Indiana Supreme Court handed down a private reprimand to a Shelby County attorney who engaged in misconduct by hiring a nonlawyer inmate to help research and prepare a post-conviction relief petition for another client.
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District judge asks court to answer certified question

July 2, 2010
Jennifer Nelson
The U.S. District Court in the Southern District of Indiana is asking the state’s Supreme Court to accept a certified question in litigation involving the Indiana Products Liability Act.
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High court names ICLEO participants

July 2, 2010
IL Staff
The Indiana Supreme Court has announced the 26 participants in this year’s Indiana Conference for Legal Education Opportunities Summer Institute.
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Police entry violated man's constitutional rights

July 1, 2010
Jennifer Nelson
The entry by police into a man’s apartment based on uncorroborated information from an anonymous source violated the man’s federal and state constitutional rights, the Indiana Supreme Court ruled Wednesday. Because of this, the drugs found in the man’s apartment must be suppressed.
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Justices: no summary judgment for grocer in negligence suit

July 1, 2010
Jennifer Nelson
The Indiana Supreme Court upheld the denial of a supermarket’s motion for summary judgment in a negligence case, finding the company failed to carry its burden in showing that criminal activity on its premises at the time a customer was assaulted wasn’t foreseeable.
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1-year limit toll not extended by appeal

July 1, 2010
Jennifer Nelson
The one-year limit to file a motion for relief from judgment under Indiana Trial Rule 60(B) is not from the time an appeals court rules on the matter, but must be made within one year after the trial court enters its order, the Indiana Court of Appeals ruled today in an issue of first impression.
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34 apply to become next Indiana justice

July 1, 2010
Jennifer Nelson
There are a lot of people in Indiana who want to become the state’s next Supreme Court Justice. 
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COA finds fundamental error in juvenile case, again

June 30, 2010
Jennifer Nelson
In a case identical to one it ruled on earlier this year, the Indiana Court of Appeals found the state violated a juvenile’s right to counsel at her detention hearing.
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Booking card exception to hearsay rule

June 30, 2010
Jennifer Nelson
A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.
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Water company not a political subdivision

June 29, 2010
Jennifer Nelson
The company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana Court of Appeals concluded today.
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Justices address habitual-offender statute

June 29, 2010
Jennifer Nelson
The Indiana Supreme Court tackled the state’s habitual-offender statute today in two separate rulings, finding that an instant offense of drug dealing, coupled with a prior conviction, can qualify a defendant as a habitual offender.
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COA balances free speech vs. minor's privacy rights

June 29, 2010
Jennifer Nelson
The Indiana Court of Appeals was faced with competing constitutional rights today: a mother’s right to free political speech versus her daughter’s right to privacy as to whether her father allegedly sexually abused her.
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Justices answer certified question

June 29, 2010
Jennifer Nelson
The Indiana Supreme Court Monday answered the certified question sent to them by the U.S. District Court in New York about what standard should be applied in determining whether a director is “disinterested” under Indiana Code Section 23-1-32-4(d).
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High court takes 4 cases

June 29, 2010
IL Staff
The Indiana Supreme Court granted four transfers June 24, including one in which the Indiana Court of Appeals extended the duty to prevent injury to sports participants to include sporting event volunteers.
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COA reverses judgment on 1 cross-claim in library appeal

June 28, 2010
Jennifer Nelson
The Indianapolis-Marion County Public Library should be able to pursue a cross-claim against an engineering company for breach of professional standard of care, the Indiana Court of Appeals ruled today.
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SCOTUS has historic day in ending session

June 28, 2010
Michael Hoskins
On a historic day for the Supreme Court of the United States, one justice stepped down after more than three decades as his successor began her confirmation hearings before the U.S. Senate Judiciary Committee.
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Partnership targets Indiana's corrections system

June 28, 2010
Elizabeth Brockett
To address Indiana’s growing prison population and increasing related costs, the state is partnering with The Pew Center on the States and the Council of State Governments Justice Center for the first comprehensive review of the state’s criminal code and sentencing policies since 1976.
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Judge Pratt sworn in as District Judge

June 28, 2010
The newest federal judge took the oath June 25.
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Justices order trial on reasonable force issue

June 28, 2010
Jennifer Nelson
A law enforcement officer’s use of force in excess of reasonable force authorized by statute isn't shielded from liability under the "enforcement of a law" immunity under Indiana Code Section 34-13-3-3(8), the Indiana Supreme Court held today.
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Appeals court rules on corporate subsidiaries case

June 25, 2010
Michael Hoskins
The Indiana Court of Appeals has ruled against a Bluffton electric company, finding that corporations can’t simply create subsidiaries internally and declare them separate entities in order to avoid paying higher tax rates under state unemployment compensation law.
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Court rules on appellate counsel issue in child molesting case

June 25, 2010
Michael Hoskins
A decade-old old case from the Indiana Court of Appeals doesn’t apply to child molesting cases, the state’s second highest appellate court has ruled.
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Justices adopt appellate court findings

June 25, 2010
Michael Hoskins
The Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court of Appeals decided on two criminal appeals.
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Indiana lawyer loses SCOTUS case

June 24, 2010
Michael Hoskins
A Terre Haute attorney has lost a free speech case before the Supreme Court of the United States, striking a blow to what he calls an ongoing campaign to eliminate campaign finance reform.
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  1. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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