Legal News

JTAC fee bill amended, other bills moving

February 11, 2011
IL Staff
The Senate bill aimed at increasing the automated record-keeping fee to pay for a statewide case management system made it out of committee, but not before legislators decreased the fee beginning this year.
More

Cuts proposed to LSC budget would affect ILS

February 10, 2011
Rebecca Berfanger
Among approximately 70 proposed budget cuts, the U.S. House Appropriations Committee has proposed cutting $75 million, or 17 percent of the budget for the Legal Services Corporation, which funds 136 civil legal aid programs around the country, the committee announced Wednesday.
More

Justices find statute doesn't apply to landfill facility

February 10, 2011
Jennifer Nelson
The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.
More

Appeals court reverses summary judgment for pharmacist, CVS

February 10, 2011
Jennifer Nelson
The Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment in favor of the drug store and pharmacist in a negligence suit.
More

Man gets 10 years for human trafficking

February 10, 2011
Jennifer Nelson
The first person convicted of human trafficking in Marion County has received 10 years on the charge.
More

Supreme Court affirms admitting English transcript at trial

February 9, 2011
Jennifer Nelson
English language translation transcripts of statements recorded in foreign language, if otherwise admissible, may be properly considered as substantive evidence, the Indiana Supreme Court ruled Wednesday.
More

Justices answer certified question on fault

February 9, 2011
Jennifer Nelson
After revising a certified question received from the federal court, Indiana Supreme Court justices answered the question in the affirmative.
More

Judge reverses probate court in first opinion

February 9, 2011
Jennifer Nelson
Judge Martha Wentworth has handed down her first opinion as Indiana’s Tax Court judge. In her decision, she reversed the probate court’s finding that an estate didn’t have to file an inheritance tax return on checks issued to a deceased woman’s brother on an annuity contract.
More

Justices uphold modification of physical custody to father

February 8, 2011
Jennifer Nelson
A majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to support the modification.
More

Fundraiser to benefit Legal Aid in Tippecanoe County

February 8, 2011
IL Staff
The Legal Aid Outback lunch and auction will be held Feb. 23 at Outback Steakhouse in Lafayette. Proceeds from the event benefit Legal Aid Corporation of Tippecanoe County, a nonprofit that provides low-cost legal assistance to low-income county residents on family law matters.
More

JTAC fee, Clark County courts bills before committees

February 7, 2011
Jennifer Nelson
A bill that would increase the automated record-keeping fee to pay for implementation of a statewide case-management system and a bill that proposes to create a unified Circuit Court in Clark County are just two of the bills before committees this week in the Indiana General Assembly.
More

Judges order new PCR hearing on guilty plea issue

February 7, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory or involuntary.
More

Justices to hear negligence case at IU-Indy

February 7, 2011
IL Staff
The Indiana Supreme Court will hold oral arguments in a case alleging negligence against the Putnam County sheriff Tuesday at Indiana University School of Law - Indianapolis.
More

COA reverses father's visitation of adopted daughter

February 7, 2011
Jennifer Nelson
Although one Indiana Court of Appeals judge concurred that a biological father’s petition granting visitation with his daughter should be reversed, he urged legislators and the Indiana Supreme Court to reconsider the issues raised in this case to “avoid equally unjust results in future cases.”
More

CASA group to receive national diversity award

February 4, 2011
IL Staff
The National Court Appointed Special Advocate Association announced Thursday afternoon that it will honor Indianapolis-based Child Advocates Inc. with the National CASA Inclusion Award at their 30th Annual National CASA Conference in Chicago on March 20.
More

Judges affirm judgment for real estate agent on negligence claim

February 4, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed that a real estate agent representing buyers did not breach the duty he had to the sellers when he communicated with them personally about accepting his clients’ offer.
More

Justices order man to be re-sentenced

February 3, 2011
Jennifer Nelson
A man who received 50 years for murder should be re-sentenced because of conflicting amendments involving the penalty for murder at the time the judge handed down the sentence, the Indiana Supreme Court ruled today.
More

Law students offer tax preparation assistance

February 3, 2011
Rebecca Berfanger
Students from the four Indiana law schools are participating in the Internal Revenue Service’s Volunteers in Tax Assistance program during the 2011 tax season.
More

Unified courts, judicial nomination bills move

February 3, 2011
Jennifer Nelson
Several bills of impact on the courts saw action this week before the Indiana General Assembly shut down for two days after a winter storm hit the state.
More

Hammond District court closed Thursday

February 3, 2011
IL Staff
The Clerk’s Office and Hammond District Court in the U.S. District Court, Northern District of Indiana remain closed Thursday due to weather conditions.
More

AALS president to speak at IU Maurer School of Law

February 2, 2011
IL Staff
The president of the Association of American Law Schools will speak about higher education issues at Indiana University Maurer School of Law at noon Feb. 7 in the law school’s moot courtroom at 211 S. Indiana Ave., Bloomington. The event is free and open to the public.
More

Knightstown Town Court judge resigns, New Castle lawyer takes bench

February 2, 2011
IL Staff

Knightstown Town City Judge Lewis Hayden Butler resigned from the bench on Monday and the Indiana Supreme Court has appointed New Castle attorney Joseph Lansinger to take that seat.

More

Justices' split reinstates COA annexation ruling

February 2, 2011
Michael Hoskins
A split decision by the Indiana Supreme Court on an annexation battle between Greenwood and Bargersville means a lower appellate panel’s decision is reinstated and the city takes a win in the 29-month legal battle that has statewide implications.
More

Many courts shut down due to weather

February 2, 2011
IL Staff
Several courts around the state are closed today after heavy snow and ice hit Indiana this week. The weather has even caused the Indiana General Assembly to postpone hearings for a second day.
More

Indianapolis federal court on 2-hour delay

February 2, 2011
IL Staff
The Indianapolis Division of the U.S. District Court, Southern District of Indiana will open for business at 10:30 a.m. Wednesday. The court had closed early Tuesday because of a winter storm bringing snow and ice to Indiana.
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 grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

ADVERTISEMENT