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Robo-calls at issue in Indiana courts

June 23, 2010
Michael Hoskins
A line of litigation has been playing out in state and federal courts involving what is and isn't allowed under the Automatic Dialing Machines Statute.
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Idea for green tech patents gets mixed reviews

June 23, 2010
Michael Hoskins
A federal plan to boost green technology innovation by dramatically cutting the patent processing time is drawing mixed reaction from intellectual property attorneys in Indiana as they wonder whether the pilot program will help or hurt their clients.
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Challenges face many new Indiana attorneys

June 23, 2010
Michael Hoskins
Delivering pizzas and moving furniture isn’t what Greenwood attorney Justin Cook thought he’d be doing once he earned a law degree.
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Eyeing new magistrate openings

June 23, 2010
Michael Hoskins
Within a year, the federal court system that covers the southern half of Indiana could have two new full-time magistrates, one being a newly created position that would be the first creation of its kind in almost three decades.
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7th Circuit: Insurer can challenge its duty to defend

June 22, 2010
Elizabeth Brockett
The 7th Circuit Court of Appeals has lifted a stay imposed by the District Court in Hammond on an insurer’s declaratory judgment action regarding coverage of a physician who skipped town instead of facing criminal charges and civil suits.
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Justices rule on judicial mandate case

June 22, 2010
Michael Hoskins
In its first case since the state amended its rules last year on how judicial mandates are handled, the Indiana Supreme Court has today issued a decision about a St. Joseph Superior judge’s mandate for the county to pay for multiple items he considered necessary for running the local juvenile justice system.
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7th Circuit rules on attorney withdraw brief practicalities

June 22, 2010
Michael Hoskins
Ruling on an issue of first impression, the 7th Circuit Court of Appeals today extended the logic of an eight-year-old case to how criminal defendants challenge their supervised release and revocation penalties and what must be discussed in attorney withdraw briefs on those issues.
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Court: refusal to identify law applies to passengers

June 22, 2010
Michael Hoskins
Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion he’d done anything wrong.
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High court grants 2 transfers

June 22, 2010
IL Staff

The Indiana Supreme Court will rule on the issue of whether a defendant has to prove at a probation revocation hearing for failing to support dependents his or her inability to pay the support.

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Accused attorney attacker suspended

June 22, 2010
Jennifer Nelson
The attorney accused of attacking another lawyer last year has been suspended from practice.
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Revised rule cuts time to request continuance

June 21, 2010
The U.S. Bankruptcy Court for the Northern District of Indiana revised Local Rule B-5071-1 on continuances.
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Checkpoint doesn't violate separation of powers

June 21, 2010
Jennifer Nelson
The use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the Indiana Court of Appeals ruled today.
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Magistrate judge applications due July 14

June 21, 2010
IL Staff
Anyone interested in becoming the newest magistrate judge for the U.S. District Court’s Southern District of Indiana has until July 14 to apply.
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COA: negligence claim should go to trial

June 18, 2010
Jennifer Nelson
The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.
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Justices: statements fall within qualified privilege

June 18, 2010
Jennifer Nelson
The Indiana Supreme Court affirmed summary judgment in favor of a company and its employee in a defamation suit because qualified privilege precludes the defamation action.
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SCOTUS rules on Indiana steel plant case

June 17, 2010
Michael Hoskins
The Supreme Court of the United States has ruled on a case about a northern Indiana steel processing plant, overturning the 7th Circuit Court of Appeals and effectively limiting how a federal labor-relations board is able to conduct business regarding employee and union rights.
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COA upholds stop of teen with gun

June 17, 2010
Jennifer Nelson
The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded the juvenile court’s comments to the teen’s father don’t require a remand.
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Gaming agents have full police power

June 17, 2010
Jennifer Nelson
A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense of resisting law enforcement, the Indiana Court of Appeals decided today.
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Tax court orders USUT refund

June 17, 2010
Jennifer Nelson
The Indiana Department of State Revenue erred in concluding that a natural gas-fired power plant in Terre Haute was subject to the Utility Services Use Tax, ruled the Indiana Tax Court Wednesday.
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COA reverses modification of juvenile's probation

June 16, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed the order to send a juvenile to prison because the state didn’t present any evidence to support alleged probation violations to justify the placement modification.
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Prosecutor candidate indicted for child porn, false informing

June 16, 2010
Jennifer Nelson
Attorney and Democratic candidate for Gibson County Prosecutor William R. Wallace III was indicted Tuesday on charges of obstruction of justice, possession of child pornography, patronizing a prostitute, and false informing.
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Judge Pratt makes history in move to federal bench

June 15, 2010
Michael Hoskins
With approval from the U.S. Senate, Marion Superior Judge Tanya Walton Pratt is ready to make a historic move to the state’s federal court system.
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Judge Magnus-Stinson takes oath

June 15, 2010
IL Staff
The newest judge for the Southern District of Indiana was sworn in Monday to officially become a U.S. District Judge.
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COA: Officer's observation didn't violate man's rights

June 15, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a defendant’s various drug convictions and sentence, finding the police officer didn’t violate the man’s Fourth Amendment rights by looking in the defendant’s car when trying to serve a warrant.
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Senate confirms Judge Tanya Walton Pratt

June 15, 2010
Michael Hoskins
Marion Superior Judge Tanya Walton Pratt has just received confirmation from the U.S. Senate, meaning she'll become state's first African-American federal judge and one of four female jurists on Indiana's federal bench.
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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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