Legal News

Supreme Court preps for lineup changeRestricted Content

September 15, 2010
Michael Hoskins
The Indiana Supreme Court will soon see its first lineup change in more than a decade, and as that turnover approaches, the state’s highest appellate court is mostly conducting business as usual.
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Former ISBA president Rabb Emison dies

September 15, 2010
Michael Hoskins
Even after longtime attorney Ewing Rabb Emison Jr. had finished his service as a pivotal president of the Indiana State Bar Association more than two decades ago, his legacy has inspired generations of attorneys and will continue to do so in the future.
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Wind energizing state

September 15, 2010
Rebecca Berfanger
Taking a drive on Interstate 65 just north of Lafayette, it’s hard to miss the many wind turbines along the highway. As wind power continues to gain momentum in Indiana, and as more counties change their zoning ordinances to include wind turbines, this will likely be a sight in more counties, especially in the northern part of the state.
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Senate panel to consider Indy lawyer for U.S. Attorney

September 14, 2010
Michael Hoskins
A key Congressional judiciary panel is scheduled to decide this week whether the nomination of an Indianapolis attorney for U.S. Attorney for the Southern District of Indiana should proceed to the full Senate for a vote.
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Lake Circuit candidate can stay on ballot for now

September 14, 2010
Michael Hoskins
A Highland attorney is back on the ballot for a Lake Circuit judge opening after he received a temporary restraining order that says the Indiana Election Commission shouldn’t have removed his name as a candidate for the general election.
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Justices take 3 cases

September 13, 2010
IL Staff
The Indiana Supreme Court accepted transfer of three cases last week, including a case in which the Indiana Court of Appeals lengthened a man’s sentence.
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5 vying for state judicial commissions

September 13, 2010
Michael Hoskins
Five Indianapolis attorneys have put their names in the hat for a single opening on the state’s judicial commissions, which are responsible for deciding whether disciplinary actions should be taken against a jurist and determining who should be on the state’s appellate courts.
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Court appoints new CLE commission members

September 13, 2010
IL Staff
The Indiana Supreme Court has appointed three new members to the Commission for Continuing Legal Education to replace those whose terms expire at the end of the year.
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Masters named in traffic judge’s misconduct case

September 10, 2010
IL Staff
The Indiana Supreme Court has appointed the three masters in the case of Marion Superior Judge William Young.
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Justices: BMV can require names to match SSA records

September 10, 2010
Jennifer Nelson
The trial court was correct to find that the public interest in preventing fraudulent use of driver’s licenses trumps some people’s desire to have their commonly used names on their licenses, the Indiana Supreme Court ruled today.
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Attenuation doctrine doesn't apply under Indiana Constitution

September 10, 2010
Jennifer Nelson
The attenuation doctrine has no application under the state’s constitution, the Indiana Court of Appeals ruled today in a case alleging an unconstitutional search.
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No qualified immunity for city in racially motivated promotions

September 10, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the denial of the motion of qualified immunity filed by the City of Indianapolis and several officials in a suit filed by three white police officers who claim they were passed over for promotions because of their race.
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Justices to hear arguments at Bloomington law school

September 10, 2010
IL Staff
The Indiana Supreme Court travels to Bloomington Monday to hear arguments in the case of a teenage girl who was injured by a golf ball while driving the beverage cart at a golf outing.
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COA: Judge could raise affirmative defense on behalf of pro se defendant

September 9, 2010
Jennifer Nelson
A small-claims court may decide a case based upon the statute of limitations even if a defendant didn’t raise or mention it at trial but the issue was discussed during trial, the Indiana Court of Appeals ruled in an issue of first impression.
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Justices rule against POA on joint-account funds issue

September 9, 2010
Jennifer Nelson
The Indiana Supreme Court ruled against a woman who was made power of attorney by the man she worked for as a caretaker and opened bank accounts in both their names. The presumption is that the woman’s use of her power of attorney to benefit herself made those accounts invalid, and she failed to overcome that presumption to allow her to inherit the money from those accounts.
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COA dismisses appeal as untimely under T.R. 53.3(A)

September 9, 2010
Jennifer Nelson
The Indiana Court of Appeals dismissed a man’s appeal from the denial of his motion to correct error because he didn’t file his notice within 30 days of when the motion was deemed denied, which happened before the trial court actually ruled on the motion.
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Judges split on district's need to pay for new water main

September 8, 2010
Jennifer Nelson
The Indiana Court of Appeals split today on whether a school district was required to pay for the installation of a new water main as opposed to privately putting in its own water service line to connect to a new school.
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7th Circuit affirms firing for non-compliance with FMLA leave policy

September 8, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment dismissing a woman’s Family and Medical Leave Act claim against the company that fired her because she didn’t give proper notice for an extension of leave and failed to return to work as expected.
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AG to co-chair national consumer-protection committee

September 8, 2010
IL Staff
Indiana Attorney General Greg Zoeller has been appointed to co-chair the National Association of Attorneys General Consumer Protection Committee, his office announced today.
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Defendants in will contest must timely answer

September 7, 2010
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.
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Accused attorney attacker’s trial begins

September 7, 2010
IL Staff
The trial of the attorney who allegedly attacked a state representative last year began today in Hamilton County.
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COA reverses judgment on contract-rescission claim against lottery

September 7, 2010
Jennifer Nelson
The Indiana Court of Appeals will allow lottery scratch-off game players’ claim of contract rescission against the state’s lottery commission to proceed to trial, but the court affirmed summary judgment in favor of the lottery on the other claims filed by the players in a class-action suit.
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Judge nixes non-attorney’s attempt to join class action

September 7, 2010
Michael Hoskins
A federal judge says that a non-attorney who wants to work for the American Civil Liberties Union of Indiana or as a local public defender can’t join an already-pending class-action lawsuit that challenges the state’s Board of Law Examiners and its questions about applicants’ mental health history.
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Justices warn Indiana, out-of-state attorneys

September 3, 2010
Michael Hoskins
The Indiana Supreme Court has a warning for attorneys both inside and outside the state: comply with the rules for being admitted to practice here or else.
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Panel: 1 judge remains, another off ballot

September 3, 2010
Michael Hoskins
The Indiana Election Commission has pulled one Lake County judicial candidate off the ballot because of how the political process put him into the race, while a controversial incumbent Allen Superior judge remains on the ballot despite arguments that his disciplinary history should keep him off.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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