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Court of Appeals rules that blinking turn signal not enough to support drug conviction

October 19, 2012
Marilyn Odendahl
Finding that the continuous use of a turn signal without turning does not justify a traffic stop, the Indiana Court of Appeals threw out a conviction for possession of marijuana.
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Prosecutor error insufficient to reverse murder conviction

October 19, 2012
Dave Stafford
A prosecutor improperly presented facts that were not in evidence and inflamed the passions and prejudices of jurors in a murder trial, but his improper conduct didn’t rise to the level of reversible error, the Indiana Court of Appeals ruled Friday.
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Lake County judge: RTW suit may proceed

October 19, 2012
IL Staff
A challenge to Indiana’s right-to-work law will proceed after a Lake County judge this week rejected the state’s request to dismiss a lawsuit filed by United Steelworkers.
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Suit to be filed over meningitis outbreak

October 19, 2012
Dave Stafford
Attorneys for a Columbus woman who has developed symptoms of fungal meningitis after being treated with steroid injections are suing the drugmaker at the center of a widening outbreak blamed on tainted shots.
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Bisard asks Supreme Court to rule on blood-draw admissibility

October 19, 2012
IL Staff
Attorneys for Indianapolis Metropolitan Police Department officer David Bisard have asked the Indiana Supreme Court to determine whether blood evidence may be admitted in his drunken driving and reckless homicide trial. Bisard was charged after driving his police cruiser into three motorcyclists who were stopped at an intersection, killing one.
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Unslated candidate files suit against Marion County Election Board

October 18, 2012
Jennifer Nelson
A Democratic candidate for state representative for Indiana’s District 100 who was not slated by his party is suing the Marion County Election Board after the board ordered his election materials seized before the primary election for violating Ind. Code 3-14-1-2.
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5th annual Southern District Court history symposium Nov. 16

October 18, 2012
IL Staff
7th Circuit Court of Appeals Judges John Tinder and David Hamilton – both former judges in the U.S. District Court for the Southern District of Indiana, are two of the featured speakers at the fifth annual Court History and Continuing Legal Education Symposium in the Southern District.
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Bankruptcy local rules to change Dec. 3

October 18, 2012
IL Staff
Five local rules of the U.S. Bankruptcy Court for the Southern District of Indiana will be amended effective Dec. 3.
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Judges order habitual offender enhancement vacated

October 18, 2012
Jennifer Nelson
A post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender enhancement, finding a case decided after the man’s direct appeal applies retroactively.
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10 schools to schedule girls’ basketball on Friday, Saturday nights

October 17, 2012
Jennifer Nelson
By the 2016-2017 school year, boys’ and girls’ varsity basketball games at one high school will be equally scheduled on Friday and Saturday nights, according to a consent decree entered Monday in federal court. The agreement comes after a lawsuit challenged that girls’ games are typically scheduled on school nights or other non-preferred times.
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Justices uphold denial of benefits for fired employee

October 17, 2012
Jennifer Nelson
Indiana Justice Steven David authored a unanimous opinion Wednesday in which the court held “when the facts of a case support more than one statutory ground for discharge, we are not confined to narrowly review the [Indiana Department of Workforce Development] Review Board’s decision when the facts point to the Review Board’s ultimately correct conclusion.”
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Statute granting DCS immunity applies to nearly all of family’s claims

October 17, 2012
Jennifer Nelson
A case involving the Department of Child Services before the Indiana Court of Appeals Wednesday provided the court with two issues of first impression – the interpretation of a statute relating to the agency, and the liberty interests that may reside with extended family members involved in the lawsuit.
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COA affirms $55k judgment for couple who purchased wind turbine

October 17, 2012
Jennifer Nelson
The Indiana Court of Appeals found that a St. Joseph Superior judge applied the correct legal standard in determining that a company breached a contract with a couple that purchased a wind turbine that failed to live up to the company’s claims.
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Judges uphold family has no right of access through neighbor’s property

October 17, 2012
Jennifer Nelson
A family claiming that for more than 50 years they had an easement to access portions of their land through a neighbor’s property lost before the Indiana Court of Appeals.
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Pyle takes oath at robing ceremony

October 16, 2012
Dave Stafford
Indiana’s newest Court of Appeals judge also holds the distinction of being the only official appointed twice by Gov. Mitch Daniels.
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Court upholds conviction for theft of water heater

October 16, 2012
Jennifer Nelson
The Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.
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Justices rescind order amending administrative rules, issue new one

October 16, 2012
IL Staff
The Indiana Supreme Court has rescinded the Sept. 7 order that set out amendments to Indiana Administrative Rules 5, 7, 8, 9 and 10, and the justices have issued in its place a new order. The changes include the use of senior judges, records that need to be microfilmed, and what court records are excluded from public access.
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Lecture to look at SCOTUS ethics

October 16, 2012
IL Staff
The Tabor Institute on Legal Ethics topic this year at Valparaiso University Law School is United States Supreme Court ethics in the wake of NFIB v. Seblius.
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ISBA members approve of appellate judges up for retention

October 16, 2012
IL Staff
The Indiana State Bar Association has released results of its 2012 Judicial Retention Poll. None of the six appellate judges up for retention in the Indiana Supreme Court or Court of Appeals received less than 81 percent of “yes” votes.
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New Marion County Small Claims rules a ‘change in atmosphere’

October 16, 2012
Dave Stafford
A new set of rules for Marion County’s nine township Small Claims courts will make the forums more transparent and put important court information online for the first time, according to the judge overseeing reform efforts.
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Former Civil Rights Commission director, MCBA president dies

October 15, 2012
IL Staff
Sandra Leek, who ran the Indiana Civil Rights Commission for 13 years, died Oct. 12 after battling cancer. She was 58.
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Indiana justices accept 2 cases

October 15, 2012
IL Staff
The Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.
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Legislative groups to look at surrogate attorneys, funding for correction programs

October 15, 2012
IL Staff
Legislators this week will study a variety of issues, including preliminary drafts on surrogate attorneys and probate court authority.
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Survey says: retain 2 Lake County judges

October 15, 2012
IL Staff
Respondents to a recent survey conducted by the Lake County Bar Association on two judges up for retention this year have recommended the judges be retained.
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Bankruptcy court seeks comment on local rules

October 15, 2012
IL Staff
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on proposed changes to Local Rule B-7056-1, Motions for Summary Judgment.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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