Latest News

Governor chooses next Court of Appeals judge

January 1, 2007
Michael Hoskins
The governor announced today that Marion Superior Judge Cale Bradford will be the newest jurist on the Indiana Court of Appeals.Judge Bradford will replace Judge Patrick D. Sullivan, who is retiring Aug. 1 as a result of reaching mandatory retirement age of 75. He will represent the second judicial district, which encompasses 19 counties in central Indiana.Gov. Mitch Daniels got nominations from the Judicial Nominating Commission May 18 and by law was required to make a decision within 60 days. Judge...
More

Appeals court upholds arbitration award

January 1, 2007
Jennifer Nelson
The Indiana Court of Appeals affirmed an arbitration award against Citizens Gas & Coke Utility today, ruling the arbitrator did not exceed her power in determining an employee was unjustly terminated and his widow was entitled to his life insurance policy through the collective bargain agreement. In Citizens Gas & Coke Utility v. Local Union No. 1400, International Brotherhood of Electrical Workers, 49A05-0612-CV-751, Citizens appealed the trial court's denial of its verified complaint and application to vacate arbitration award, or in the...
More

COA rules on fireworks wholesalers' challenge

January 1, 2007
Jennifer Nelson
The Court of Appeals ruling today that firework wholesalers have an administrative process to determine whether Indiana Code section 22-11-14-5 requires fireworks wholesalers to obtain certificates of compliance for each location reinforces an earlier Supreme Court decision on the matter. In Roger Johnson, as Indiana State Fire Marshal v. Patriotic Fireworks, Inc. et al., the Court of Appeals reversed the trial court's denial of the fire marshal's motion to dismiss the consolidated complaints of Patriotic Fireworks and other fireworks wholesalers and remanded...
More

Law library closing extended through June

January 1, 2007
Michael Hoskins
Don't expect to be able to use the Indiana Supreme Court Law Library as soon as planned.The library on the second floor of the Indiana Statehouse in Indianapolis will be completely closed starting today through June 25 for restorative painting, according to librarian Terri Ross. The library has been open intermittently throughout May for an ongoing building-wide heating and air conditioning renovation, she said.Originally, the plan was for closing between April 30 and June 11; now the closing will continue for...
More

Court rules on underinsured motorists coverage

January 1, 2007
Jennifer Nelson
The Indiana Court of Appeals ruled today on when injured claimants in an automobile accident can seek to recover more money under a single Uninsured and Underinsured Motorist policy.In Auto-Owners Insurance Co. v. David Eakle, et al., the court used previous cases Allstate Ins Co v. Sanders 644 N.E.2d 884, 887 (Ind. Ct. App. 1994) and Grange Ins. Co v. Graham 843 N.E.2d 597, 599 (Ind. Ct. App. 2006) to determine the trial court erred in denying Auto-Owners judgment on the...
More

Court orders new sentence for child support nonpayer

January 1, 2007
Michael Hoskins
An Indiana Court of Appeals panel found itself today determining the legislature's intent in revising a statute on nonpayment of child support, an issue it describes as having little to no precedent.Though its analysis ended with little answer, the appellate court applied the doctrine of amelioration to conclude a defendant should receive a lower class of felony on nonpayment of about $13,000 in child support from Class C to Class D.The decision released today is Bobby Lee Turner, Jr. v. State...
More

Federal judge gives green light to trial

January 1, 2007
Michael Hoskins
A federal judge in Indianapolis has ruled a lawsuit can proceed to trial over a "very fast, and valuable, race car."The Not for Publication opinion issued Wednesday by U.S. District Judge John D. Tinder is Reginald D. "Don" Whittington Jr. v. Indianapolis Motor Speedway Foundation a.k.a. Hall of Fame Museum, No. 1:06-cv-0333-JDT-TAB.Judge Tinder denied motions for summary judgment and determined that a trial is the only likely way to resolve this dispute involving the ownership of a famous Porsche 935 used...
More

Report includes 3 court-specific ideas

January 1, 2007
Michael Hoskins
Three recommendations made today by the Commission on Local Government Reform focus specifically on courts and the state's legal community.Court-specific recommendations impacting all Indiana counties include transferring the local court clerk responsibilities to the courts themselves and transferring trial court system funding - including probation and public defenders - to the state. A third recommendation is focused solely on Marion County, where all township small claims courts duties would be transferred to the county's Superior Courts.Headed by former Gov. Joe Kernan...
More

Law school assistant dean wins award

January 1, 2007
IL Staff
Jonna Kane MacDougall, assistant dean for advancement at Indiana University School of Law - Indianapolis, has received the IUPUI Nan Bohan Community Engagement Award for her work with Outrun the Sun, a nonprofit organization she co-founded in 2004. The organization was created to help raise awareness about the risks of sun exposure and funds for melanoma education and research. MacDougall was one of two inaugural recipients Sept. 11 of the Bohan award, which was created to recognize "ongoing promotion of a...
More

Justices split on decision to allow a third try for death penalty

January 1, 2007
Michael Hoskins
 A split decision by the Indiana Supreme Court today allows the state to seek the death penalty a third time against a man convicted of shooting a Gary police officer in a robbery gone bad in 1981.The 3-2 decision came late this afternoon with Justices Theodore Boehm and Robert Rucker dissenting in separate opinions. Justice Frank Sullivan authorized the majority's 22-page opinion. The ruling in State of Indiana v. Zolo Agona Azania, No. 02S03-0508-PD-364 (http://www.in.gov/judiciary/opinions/pdf/05100701fsj.pdf), reverses a trial court decision and...
More

Court orders damages to Lake County in bail bond case

January 1, 2007
Michael Hoskins
The Indiana Court of Appeals has remanded a bail bond case it considers filed in bad faith, with instructions that the trial court judge calculate damages for the Lake County sheriff, Superior Court Clerk, and the Criminal Justice Section of the Lake County Bar Association.In Smith and Zacek v. Lake County, et al., the appellate court ruled today that the two bail bondsmen filed a complaint in 1999 alleging that bail statutes included in the Indiana Code were unconstitutional under the...
More

Appeals judges to hear annexation case

January 1, 2007
Michael Hoskins
The Indiana Court of Appeals will consider a case Tuesday that asks whether a county can establish a special economic development area that includes land a municipality has already started to annex.Arguments are set for 2 p.m. in Brenwick Assoc. et al v. Boone Co. Redevelopment Commission, 06A04-0611-CV-682. The case arose in July 2006, when Whitestown began the process of annexing unincorporated land in Boone County. After the annexation process had started, but before being complete, county officials adopted a resolution...
More

Court: Death sentence stands

January 1, 2007
Michael Hoskins
The Indiana Supreme Court today upheld the death sentence against a man condemned for murdering a college student, though the authoring justice disagreed and his writing could offer a key for another execution to be tossed out.In Michael Dean Overstreet v. State of Indiana, 41S00-0306-PD-249, the court affirmed the post-conviction judgment of Johnson Superior Judge Cynthia Emkes, who'd first sentenced him to death in 2000. The case involves the September 1997 disappearance, rape, and strangulation of Franklin College freshman Kelly Eckart. Overstreet has...
More

Justices to hear 2 cases Thursday

January 1, 2007
Michael Hoskins
The Indiana Supreme Court will consider two cases Thursday morning. One looks at the line between estate plans and wills, while the other involves a motorist's lawsuit against a county for not removing a tree in the road after a storm.Justices will first hear arguments at 9 a.m. in the case In re Guardianship of E.N., Adult, which comes out of the Washington Circuit Court. The trial court approved an estate plan submitted by a protected person's adult children in their...
More

Defendants can speak during allocution before sentencing

January 1, 2007
Michael Hoskins
Criminal defendants who plead guilty have the right to make statements in allocution prior to sentencing, the Indiana Supreme Court has ruled.The unanimous opinion authored by Justice Robert D. Rucker came late Wednesday in Nicholas Biddinger v. State of Indiana, No. 49S05-0608-CR-305.Biddinger was arrested and charged with various felonies, including murder, in 2004; he pleaded guilty to aggravated battery during the trial in October that year. The agreement provided that parties could argue positions on sentencing, but the executed range could...
More

GAL/CASA program teams with retired educators

January 1, 2007
Jennifer Nelson
Children in the Indiana court system are about to have many more allies thanks to the Indiana Retired Teachers Association. The organization announced this morning it has chosen the Indiana Supreme Court's GAL/CASA program as its new volunteer project. Chief Justice Randall T. Shepard, Gov. Mitch Daniels, Indiana Retired Teachers Association Executive Director Ralph Ayers, and others involved in the project were on hand in the Indiana Supreme Court courtroom to explain the project and thank the IRTA for becoming involved....
More

Judge examines definition of 'sexual activity'

January 1, 2007
Michael Hoskins
A federal judge in northern Indiana has refused to acquit or order a retrial for a man convicted of using the Internet to expose himself to what he thought was a 13-year-old girl, even though it's unclear whether the man actually committed a crime as defined by federal statute.In a 15-page order released today in U.S. v. Donald L. Cochran, No. 2:06-CR-161 PS, U.S. District Judge Philip Simon in Hammond denied the motions by defendant Cochran, whose online actions in July...
More

SCOTUS won't hear free-speech cases

January 1, 2007
Michael Hoskins
The Supreme Court of the United States has decided against taking two Indiana cases that involve free-speech issues.At its conference last week when the high court decided to examine Indiana's two-year-old voter identification law, justices also declined to hear James G. Gilles v. Bryan K. Blanchard, et al., 06-1617, and Deborah A. Mayer v. Monroe County Community School Corp., et al., 06-1993. The court posted an order denying the cases Monday.The denials mean the previous decisions from the 7th Circuit Court...
More

Pastor who ministers to death row inmates to speak at Notre Dame

January 1, 2007
Rebecca Berfanger
The Coalition to Abolish the Death Penalty will sponsor "Death Row Ministry and Indiana ;s Upcoming Execution of David Woods" from noon to 12:50 p.m. Wednesday in the University of Notre Dame Law School ;s courtroom, Room 121. The event is open to the public.The speaker is Wanda Callahan, a pastor of the Church of Brethren in Goshen. She has counseled death row inmates for more than 30 years, both in Florida and Indiana. Callahan will speak about the death penalty,...
More

No duty owed to attacked restaurant patron, judges rule

January 1, 2007
Michael Hoskins
An Indianapolis fast-food restaurant didn't owe a patron the duty of protecting him from attack just because it had placed a table on the sidewalk outside, the Indiana Court of Appeals ruled today.A three-judge panel issued a decision David Schlotman v. Taza Café, d/b/a Gyro Joint , 49A05-0608-CV-475. The judges heard arguments in the Marion County case May 22.This case addressed whether the carryout restaurant Gyro Joint had a common-law duty to protect patron Scholtman, who was harassed and hit in...
More

Court vacates summary judgment

January 1, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals vacated an Indiana District Court's grant of summary judgment and remanded the case so the court could determine what right a company has to receive compensation for its vandalized railroad cars. In CSX Transportation Inc. v. Appalachian Railcar Services Inc., No. 06-3430, CSX brought suit in the Southern District to recover payment it made to Appalachian Railcar Services (ARS) for damaged railcars. CSX believed the 13 railcars derailed on CSX-owned track, making them liable for any...
More

Commission discusses technology, hardship license

January 1, 2007
Michael Hoskins
The Commission on Courts - the legislative interim study committee that considers issues instrumental in court operations - gathered Tuesday to hear about technological initiatives under way in the state courts and expanding the jurisdiction of courts issuing driver's licenses because of hardship.Mary DePrez, director and counsel of trial court technology for the Supreme Court's Judicial Technology and Automation Committee, told the commission about new initiatives launched recently on a protective order registry and e-traffic citations, all of which will eventually...
More

Justices rule on competency for pro se representation

January 1, 2007
Michael Hoskins
The federal constitutional right to self-representation requires a defendant who is competent to stand trial be allowed to proceed pro se, the Indiana Supreme Court has ruled. Justices granted transfer and issued a unanimous decision Thursday afternoon in Ahmad Edwards v. State of Indiana, No. 59S02-0705-CR-202. Justice Theodore Boehm wrote the 10-page opinion summarily affirming the Indiana Court of Appeals' rationale in a September decision that reversed the convictions for attempted murder and battery with a deadly weapon and now means...
More

Justices hear IMPD arresting-authority case

January 1, 2007
Michael Hoskins
Indiana's highest jurists today questioned attorneys about whether any arresting authority exists for those who didn't take an official oath for the recently created Indianapolis Metropolitan Police Department.Justices' pointed questions go to the heart of State v. Cheryl Oddi-Smith, 49A05-0708-CR-445, a drunk driving case that Marion Superior Judge Rueben Hill ruled on in early August, throwing out a woman's arrest because of the oath-taking issue. The Indiana Attorney General's office filed a petition in August to appeal the case directly to...
More

Court's juvenile division launches modest means program

January 1, 2007
Michael Hoskins
A new modest means program has been launched for the Marion Superior Court ;s juvenile division to help families who might not otherwise be able to afford legal representation in CHINS cases.Set up by the Indianapolis Bar Association and juvenile court earlier this year, this program is by court referral only and aimed at supporting families whose income disqualifies them for low and no-cost legal representation from the Marion County Public Defender ;s Office and other legal-assistance programs.Juvenile court officials will...
More
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

ADVERTISEMENT