Latest News

Judicial nominating commission vote extended to Dec. 3

November 14, 2013
Dave Stafford
Because an untold number of attorneys eligible to vote for a lawyer member of the Judicial Nominating Commission didn’t receive ballots in the mail, the voting deadline has been extended.
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Partially bifurcating trial prevented prejudice

November 13, 2013
Marilyn Odendahl
A defendant’s argument that he was prejudiced by a trial court’s decision to not fully bifurcate his murder trial failed in the Indiana Supreme Court.
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Justices affirm dismissal of Logansport power plant suit

November 13, 2013
Dave Stafford
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
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Sen. Landske diagnosed with lung cancer, will stay in office

November 13, 2013
IL Staff
Indiana State Sen. Sue Landske (R-Cedar Lake) announced Wednesday that she will undergo treatment for lung cancer but intends to continue to serve after almost 30 years in the Senate.
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Possible improper use of risk assessment in sentencing not enough for remand

November 13, 2013
Marilyn Odendahl
A man convicted of child molesting and incest will not get a chance to have his 99-year sentence reduced. The Indiana Court of Appeals ruled Wednesday that even though the trial court may have abused its discretion, the sentence was not inappropriate.
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Justices affirm rejection of tendered jury instruction

November 13, 2013
Dave Stafford
Judges have wide discretion regarding when and whether to use tendered jury instructions, the Indiana Supreme Court ruled in affirming the conviction of a criminal defendant whose proffered instructions on defense of another were rejected.
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Drug-dog sniff after traffic stop was rightly suppressed

November 13, 2013
Dave Stafford
A southern Indiana trial court rightly suppressed drug evidence gathered after a police drug-sniffing dog indicated the presence of meth in a van after a traffic stop.
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Increased bail is abuse of discretion, panel rules

November 13, 2013
Dave Stafford
A trial court abused its discretion when it raised a defendant’s bail in a meth possession case, the Indiana Court of Appeals ruled Wednesday.
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COA rules preliminary injunction wrongly extended noncompete agreement

November 13, 2013
Marilyn Odendahl
In reviewing a dispute over the terms of a noncompete agreement, the Indiana Court of Appeals reminded the trial court that a preliminary injunction has limits.
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Justices to hear convictions reversed due to prosecutor’s arguments

November 12, 2013
Dave Stafford
The case of a man whose two convictions of sexual misconduct with a minor were reversed on appeal because of a prosecutor’s overzealous arguments will go to the Indiana Supreme Court.
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Judge rejects interlocutory appeal in Marion Superior judiciary challenge

November 12, 2013
Dave Stafford
A federal judge has denied the state of Indiana’s motion for an interlocutory appeal, signaling that a trial probably won’t be needed in a lawsuit challenging the constitutionality of how Marion Superior judges are elected.
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Justices reject Spierer-obsessed man’s appeal of gun confiscation

November 12, 2013
Dave Stafford
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
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7th Circuit blocks Obamacare ‘contraception mandate’

November 11, 2013
Dave Stafford
Roman Catholic employers – including the owners of an Indiana company – won a Circuit Court ruling Friday blocking the “contraception mandate” contained in the Patient Protection and Affordable Care Act, commonly referred to as Obamacare.
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Allen County courts join forces to establish new veterans’ court

November 11, 2013
Marilyn Odendahl
Allen County will gavel in its veterans’ court Nov. 12 and join a growing list of Indiana jurisdictions creating the problem-solving court especially to serve military veterans.
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Service set for beloved IU Maurer professor

November 11, 2013
IL Staff
Indiana University Maurer School of Law will hold a memorial service Friday for Professor Craig Bradley. 
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7th Circuit case docketing fees increasing Dec. 1

November 11, 2013
IL Staff
Beginning Dec. 1, it will cost an extra $50 to appeal a case to the 7th Circuit Court of Appeals. Notice of appeals, as well as petitions for review/applications for enforcement and writ of mandamus, will cost $500.
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Attorney voting for Judicial Nominating Commission to be extended

November 11, 2013
Dave Stafford
The voting process to select a lawyer representative to the Judicial Nominating Commission by more than 7,400 eligible attorneys will be extended due to an undetermined glitch that resulted in some lawyers not receiving ballots.
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Valparaiso University Law School taps capital defense expert as new dean

November 11, 2013
IL Staff
Andrea D. Lyon, associate dean for clinical programs at DePaul University College of Law in Chicago, will join the Valparaiso University Law School as dean on June 2, 2014. She has experience both teaching and practicing law, and is a national expert in criminal defense.
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Delayed jail releases common, says witness in judge’s discipline case

November 8, 2013
Dave Stafford
A senior judge who presided in a Marion Superior criminal court for more than a dozen years testified Friday that delayed releases of defendants from jail are a problem with the county’s entire judicial system and not limited to the court of a judge facing discipline for that and other charges.
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COA reverses summary judgment in complaint to recover credit card debt

November 8, 2013
Jennifer Nelson
Finding a company did not satisfy its burden of proof under Indiana Trial Rule 56(C) when attempting to collect on a breach of a credit card contract, the Indiana Court of Appeals on Friday reversed summary judgment in the case.
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Judges uphold 54-year sentence of man who asked women to take pics of kids

November 8, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument Friday that he couldn’t be convicted of Class A felony child molesting under the accessory statute because the perpetrator was under 21 at the time of the molestations.
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Criminal code committee still trying to answer funding and sentencing questions

November 7, 2013
Marilyn Odendahl
The Indiana General Assembly passed an overhaul of the state’s criminal code during 2013 but left two major issues for the upcoming session – funding and sentencing.
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COA holds law firms are judgment creditors, owe restitution

November 7, 2013
Jennifer Nelson
In a dispute over whether two law firms should have to repay money from a judgment they received by way of attorney liens, the Indiana Court of Appeals held that the law firms are judgment creditors, so they are liable to pay restitution to the state of Indiana.
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2 BLE members reappointed

November 7, 2013
IL Staff
Indiana Chief Justice Brent Dickson has reappointed Senior Judge Barbara L. Brugnaux and Madison attorney Gary K. Kemper to the Indiana Board of Law Examiners. Their first terms as members expire Dec. 1.
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Appellate arguments in cancelled IBM contract set for Nov. 25

November 7, 2013
Jennifer Nelson
A panel on the Indiana Court of Appeals will hear arguments later this month on whether the state should have to pay more than $62 million to IBM after cancelling its billion-dollar contract with the company to modernize Indiana’s welfare system.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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