Latest News

High court rules on issue preclusion in tax case

March 16, 2009
Jennifer Nelson
In an opinion handed down March 6, the Indiana Supreme Court had to decide whether a previous ruling barred the Indiana Department of Revenue from raising new contentions in support of a different method of allocation of income to the state.
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Case shows challenge of ending res gestae

March 16, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's convictions and sentence for the 2007 murder and rape of a 14-year-old girl in Columbus, noting that the evidence the man objected to being admitted showed the challenges presented by eliminating the doctrine of res gestae.
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Foreclosure training in Griffith March 18

March 13, 2009
IL Staff
The Indiana Supreme Court has announced its second training session for attorneys, judges and mediators to learn how to handle foreclosure cases, including through pro bono representation.
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High court expands Lambert decision

March 13, 2009
Jennifer Nelson
The Indiana Supreme Court issued two opinions today dealing with incarceration being considered as a substantial change in circumstances to justify modifying a child support order and what date a modification may take place.
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eBay suit presents issue of first impression

March 13, 2009
Jennifer Nelson
In an issue of first impression in Indiana - and possibly in the United States - the Indiana Court of Appeals addressed specific jurisdiction questions in a suit filed by sellers on the online auction site, eBay.
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ILS budget likely to increase

March 12, 2009
Rebecca Berfanger
Thanks to a $40 million increase in funding for Legal Services Corporations signed by President Barack Obama Wednesday, an official at Indiana Legal Services Inc. estimates that the only Indiana-based organization that receives funding from LSC will receive up to an additional $300,000 to $350,000 in funds for the organization's 2009 fiscal year, which runs Jan. 1 to Dec. 31.
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Court split in public defender 'firm' issue

March 12, 2009
Jennifer Nelson
In a disciplinary action released Wednesday by the Indiana Supreme Court, the justices disagreed as to whether two public defenders who worked part time in the same public defender office of Putnam County were "associated in a firm."
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Justices disagree on judge's penalty

March 12, 2009
Michael Hoskins
A suspended Marion Superior judge will be able to return to the bench after another 60 days off the bench, this time without pay.
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Fort Wayne attorney dies

March 12, 2009
Jennifer Nelson
A Northeastern Indiana attorney known for his ability to quote literature died March 9 at the age of 53. Russell Strunk practiced litigation and employment law in Fort Wayne.
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Downtown Indianapolis fire affects law firms

March 12, 2009
Jennifer Nelson
An early morning fire in downtown Indianapolis gave two nearby law firms a scare as flames poured out of the building.
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Court: Don't assume undue influence by child

March 11, 2009
Jennifer Nelson
The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.
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Justices reprimand Allen Circuit judge

March 11, 2009
Michael Hoskins
The Indiana Supreme Court today publicly reprimanded Allen Circuit Judge Thomas Felts, who last summer was arrested for and later pleaded guilty to drunk driving.
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7th Circuit: Courts wrongfully denied re-litigationRestricted Content

March 11, 2009
Jennifer Nelson
Finding Indiana state and District courts erred in denying a convicted killer the chance to re-litigate his claim for relief from execution because he is mentally retarded, the 7th Circuit Court of Appeals vacated the District Court's denial of the man's habeas petition
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Judge suspended for 60 days, no pay

March 11, 2009
Michael Hoskins
The Indiana Supreme Court has suspended Marion Superior Judge Grant W. Hawkins from the bench for 60 days without pay, though two justices wanted a yearlong penalty while two others wanted a month suspension.
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Attorneys get public reprimand

March 11, 2009
Jennifer Nelson
In a disciplinary action released by the Indiana Supreme Court today, the justices held that the text of a 2004 version of the Indiana Professional Conduct Rule 1.15(b), as reinforced by Comment 3, required attorneys to promptly distribute undisputed portions of funds they held for clients or third parties.
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Courthouse commission members named

March 11, 2009
IL Staff
Gov. Mitch Daniels and Indiana Supreme Court Chief Justice Randall T. Shepard have selected the members of the Courthouse Preservation Advisory Commission. The commission will advise county officials on caring for Indiana's historic courthouses and provide recommendations on how they can be preserved.
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Court names temporary judges

March 10, 2009
IL Staff
Two temporary judges have been selected by the Indiana Supreme Court to fill vacancies in Wayne and Madison counties.
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Single order can have more than 1 disposition

March 10, 2009
Michael Hoskins
The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.
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High court: land seller not liable in death

March 10, 2009
Jennifer Nelson
Addressing an issue of first impression today, the Indiana Supreme Court considered under what circumstances a vendor of land may be liable to a third party for harm resulting from the condition of trees on the property near a road.
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Supreme Court grants transfer, remands case

March 10, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case involving a defendant's motion for leave to file a belated appeal and remanded the case for further proceedings.
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2 new members of Public Defender Commission

March 9, 2009
IL Staff
Indiana Speaker of the House Patrick Bauer, D-South Bend, has appointed two new members to the Public Defender Commission, the Indiana Supreme Court announced today. Representatives Vernon G. Smith, D-Gary, and Greg Steuerwald, R-Avon, join the 11-member commission.
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COA upholds denial of motion for class action

March 9, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion for a class-action suit because a claimant seeking redress pursuant the Wage Claims Act has to first submit the claim to the Department of Labor before filing a lawsuit and can't bypass the statute if another member of the putative class has already submitted a claim.
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Presentation focuses on child support issues

March 9, 2009
IL Staff
Attorneys from the Lafayette area, including a representative from the Tippecanoe County Prosecutor's Office, will be on hand to give a presentation and answer questions on child support and related issues during the Legal Aid Corporation of Tippecanoe County's "Legal Aid 101" presentation Wednesday.
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Teen's Fourth Amendment rights not violated

March 9, 2009
Jennifer Nelson
Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.
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Transfer vacated in builder negligence suit

March 6, 2009
IL Staff
The Indiana Supreme Court vacated transfer in an order dated March 4 to a case involving homeowners and companies that performed work on their house
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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. 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.

  4. 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?

  5. 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.

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