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Judges disagree on estoppel claim

April 8, 2009
Jennifer NelsonMore

Senate gets St. Joe judges bill, with twist

April 8, 2009
Michael Hoskins
The full Indiana Senate will consider in the next week whether St. Joseph Superior judges should be elected or merit-selected and retained by voters. A Senate committee wants the full legislative body to consider that issue, but with a twist: An amendment has been attached to the controversial House Bill 1491.
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Justices uphold death sentence

April 7, 2009
Michael Hoskins
The Indiana Supreme Court has upheld the sentence for a man sentenced to die for the 2001 rape and murder of a 15-year-old girl in southern Indiana.
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Use of bench warrants still not certain

April 7, 2009
Michael Hoskins
Attorneys have settled a federal case that led to the Marion Superior Court scrapping its practice of issuing bench warrants for the arrest of people who'd failed to appear in civil cases, but a statewide investigation of whether state law allows judges to issue these warrants remains ongoing.
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Single larceny rule doesn't apply in case

April 7, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man's petition for post-conviction relief, finding the defendant's trial counsel wasn't ineffective for arguing a single larceny rule defense because it wasn't applicable in this case.
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Need remains for GAL/CASA help in Indiana

April 7, 2009
IL Staff
While more than 4,000 Indiana children remain on a waiting list for advocates in cases that involve abuse and neglect, Guardian Ad Litem/Court Appointed Special Advocates programs recruited and trained 911 new volunteers, a 50 percent increase from 2007, according to the 2008 statewide Court Appointed Special Advocates statistics made available today.
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High court rules on recovery issue

April 7, 2009
Jennifer Nelson
Under the statute governing the wrongful death of an unmarried adult with no dependents, the amount recoverable for reasonable medical and hospital expenses necessitated by the alleged wrongful conduct is the total amount ultimately accepted after contractual arrangements with an insurer, Medicare, or Medicaid, and not the total of the charges billed, the Indiana Supreme Court ruled today.
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House OKs feticide bill, sends back to Senate

April 7, 2009
Michael Hoskins
Legislation that would increase the penalty for fetal homicide has made it through the Indiana House of Representatives, and now must go back for approval in the Senate where it originated since some changes were made.
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Indiana firm opens Atlanta office

April 6, 2009
Elizabeth Brockett
Barnes & Thornburg, one of the largest Indiana-based law firms, has opened an office in Atlanta.
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Comment sought on copyright jury instructions

April 6, 2009
IL Staff
The 7th Circuit Pattern Jury Instruction Committee and Copyright Subcommittee are seeking public comment on proposed copyright pattern civil jury instructions for the court.
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COA to hear insurance, attorney fee cases

April 6, 2009
IL Staff
A panel of Indiana Court of Appeals judges will hear arguments Tuesday in Evansville in an insurance coverage case while another panel in Indianapolis will hear arguments in a case involving the division of attorney fees.
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Lecture to focus on mortgage crisis' impact

April 6, 2009
IL Staff
A University of Cambridge legal scholar will offer his thoughts on the U.S. mortgage crisis during the 2009 Snyder Lecture at Indiana University Maurer School of Law  Tuesday.
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Supreme Court grants 3 transfers

April 3, 2009
Jennifer Nelson
The Indiana Supreme Court granted three transfers Thursday to cases involving what manner an appellate court could reverse a revocation of probation, how to calculate guardian ad litem fees, and whether there is a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent.
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Attorney didn't commit conversion, malpractice

April 3, 2009
Jennifer Nelson
The Indiana Court of Appeals today affirmed the dismissal of conversion and legal malpractice claims filed in LaPorte County against an Illinois attorney following the settlement of a wrongful death claim in Illinois.
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Seminar, CLE on Criminal Justice Act

April 2, 2009
IL Staff
The Indiana Federal Community Defenders will host a seminar for attorneys interested in joining the Criminal Justice Act panel of attorneys to represent indigent clients accused of crimes against the United States.
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Federal judicial nomination hearing draws crowd

April 2, 2009
Michael Hoskins
The Senate Judiciary Committee considered U.S. District Judge David F. Hamilton's nomination for the 7th Circuit Court of Appeals at a Wednesday afternoon hearing.
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Judges: Vehicle stop by cops reasonable

April 2, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man's illegal gun possession conviction, ruling the South Bend Police officer who made the traffic stop had reasonable suspicion the car may be linked to a shooting in an apartment complex.
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No vote yet on St. Joe judges bill

April 1, 2009
Michael Hoskins
An Indiana Senate committee debated this morning a bill that would make it so St. Joseph Superior judges are elected rather than chosen by merit selection and later retained by voters.
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Justices affirm cop killer's death sentence

April 1, 2009
Michael Hoskins
A man sentenced to die for fatally shooting a Morgan County sheriff's deputy in 2001 will remain on death row despite his appellate claims he's mentally ill and not eligible for execution.
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Comment sought on ADR rule changes

April 1, 2009
IL Staff
Changes may be coming to the rules governing Alternative Dispute Resolution in Indiana.
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Senate Judiciary holds nomination hearing

April 1, 2009
Michael Hoskins
A busy Congressional calendar has caused the U.S. Senate Judiciary Committee to move its nomination hearing to a room without cameras, which leaves Indiana's legal community in the dark about an Indianapolis-based federal judge's nomination for the 7th Circuit Court of Appeals.
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St. Joe judges election bill hearing Wednesday

March 31, 2009
IL Staff
The Indiana Senate Judiciary Committee will meet at 9 a.m. Wednesday in Room 130 at the Statehouse to discuss several bills on first reading, including House Bill 1491, which would require nonpartisan elections of St. Joseph Superior judges.
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High court addresses Protected Person Statute

March 31, 2009
Jennifer Nelson
Addressing for the first time under the current Rules of Evidence a case regarding a protected person testifying at trial as well as by videotape or other statement, the Indiana Supreme Court held that if the statements are consistent and both are otherwise admissible, testimony of a protected person can't be presented both in open court and in a pre-recorded statement through the Protected Person Statute.
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Appellate docket offers more public access

March 31, 2009
Michael Hoskins
Docket entries for more than 200 juvenile-related cases are now publicly available online through the Indiana Appellate Clerk's Office.
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First impression in 'non-suspension' rule case

March 31, 2009
Jennifer Nelson
The Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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