Latest News

Marion County Bar Association to host judges for morning talk

June 1, 2012
IL Staff
The Marion County Bar Association will host Indiana Court of Appeals Judge Carr Darden and retired Marion Superior Judge Webster Brewer at an event on June 7.
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Defendants' drug sentences ineligible for reduction

May 31, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the sentences of six members of a Gary street gang for various crack cocaine and other offenses, finding none of the men are eligible to have their sentences reduced based on the retroactive crack cocaine amendments to the sentencing guidelines.
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Court rules on inclusion of survivor benefits in child support obligation

May 31, 2012
Jennifer Nelson
The Indiana Court of Appeals was faced with a situation not specifically addressed in the Child Support Guidelines and Commentary or in any Indiana case – whether Social Security survivor benefits paid to children due to the death of a custodial parent’s subsequent spouse are or should be included in the custodial parent’s weekly gross income.
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Jackson County joins Odyssey

May 31, 2012
IL Staff
Jackson County is the latest county to go online with the case management system, Odyssey, which is implemented by the Indiana Supreme Court’s Division of State Court Administration’s Judicial Technology and Automation Committee.
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Justices clarify previous decision on Criminal Rule 4(B)

May 31, 2012
Jennifer Nelson
The Indiana Supreme Court clarified the ambiguity within its precedent on the issue of whether an incarcerated defendant has the right to be tried within 70 days under Indiana Criminal Rule 4(B) when the defendant is being held for an unrelated offense and not on the charges for which the speedy trial is demanded.
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Woman's claim fails under modified impact and bystander rules

May 30, 2012
Jennifer Nelson
The woman who sued a northern Indiana lawyer and his law firm for not filing her lawsuit against a school district following the discovery that her grandson was sexually abused by a teacher’s assistant lost her appeal.
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Judges order trial in drunk driving case

May 30, 2012
Jennifer Nelson
The Indiana Court of Appeals upheld the partial denial of a defendant’s motion to suppress evidence, finding that the trial court properly determined that the evidence seized by the uniform on-duty police officers shouldn’t be suppressed pursuant to the exclusionary rule.
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Pool's owner did not breach any duty owed to boy

May 30, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed a jury verdict in favor of the owner of a pool in a lawsuit filed by the father of a young boy who drowned in the pool. The appellate court found the trial court did not abuse its discretion in giving certain jury instructions.
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Judges uphold termination of parental rights

May 30, 2012
Jennifer Nelson
The Indiana Court of Appeals found ample evidence that a mother took little to no steps to correct the problems that led to her son’s removal and continued placement out of her care, so it affirmed the termination of parental rights. In its opinion, the judges also discussed Indiana Evidence Rule 201(b) regarding judicial notice of “records of a court of this state.”
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Smoking-ban lawsuits face long odds, legal expert says

May 30, 2012
Scott Olson
Ten bar owners who are taking Indianapolis to court over a new citywide smoking ban that takes effect Friday at 6 a.m. stand little chance of stopping the ordinance, an Indianapolis law professor predicts.
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Applications to be next Indiana justice due June 29

May 30, 2012
IL Staff
Indiana attorneys interested in becoming the state’s 108th justice have until the end of June to submit their applications. The Supreme Court announced Wednesday the application and interview timeline.
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Indianapolis Bar Foundation awards grant to teen court program

May 30, 2012
IL Staff
The 2012 Impact Fund grant from the Indianapolis Bar Foundation has been given to Reach For Youth – Teen Court to support a part-time teen court coordinator.
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Judges rule on lease dispute involving hospital

May 29, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded that a hospital did owe rent to the property owner for a broken lease involving a third party, but the damages the trial court ordered the hospital pay need to be reconsidered.
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Defendant's fleeing justifies delayed arrest

May 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the revocation of a man’s suspension for probation violations after finding the trial court did not err in ordering the man serve the remainder of his originally suspended sentence.
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COA split on whether judgment on pleadings was proper

May 29, 2012
Jennifer Nelson
In a lawsuit against an attorney, law firm and the firm’s insurer, the Indiana Court of Appeals was divided in its ruling over whether the trial court correctly granted the insurer’s motion for judgment on the pleadings.
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Next round of COA interviews June 4

May 29, 2012
IL Staff
The five semifinalists for the Indiana Court of Appeals will have their second round of interviews the afternoon of June 4.
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Nephews' appeal over estate dispute dismissed

May 25, 2012
Jennifer Nelson
Even though the trial court said its order regarding a petition to set aside a family settlement agreement was final and appealable, it was not, so the Indiana Court of Appeals dismissed an appeal sua sponte.
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Court didn't err in allowing impeachment testimony

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals found the trial court did not err in allowing a police detective to testify as to what a witness told him about a shooting.
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Judges uphold murder conviction

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals found the evidence that a defendant committed murder was overwhelming, so any suppression of a witness’s testimony by the prosecution was no more than a harmless error.
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Court dismisses appeal because order isn't final

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine, because the order he appeals from isn’t a final judgment.
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Accident not covered under insurance policy

May 25, 2012
Jennifer Nelson
A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.
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No error in finding defendant jointly and severally liable

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding that a man was jointly and severally liable for damages following a fight over a girl.
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Shepard to attend 4th commencement

May 25, 2012
IL Staff
Since stepping down from the Indiana Supreme Court in March, former Chief Justice Randall T. Shepard has been busy attending college graduations. On Friday, he will visit his fourth school, New England Law – Boston, and deliver the commencement speech.
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Judges find mortgage company not culpably negligent

May 24, 2012
Jennifer Nelson
In a dispute over which mortgage has priority in a foreclosure action, the Indiana Court of Appeals affirmed summary judgment for the senior mortgage holder. The judges found the doctrine of equitable subrogation applies.
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COA rules on first impression possession of marijuana issue

May 24, 2012
Jennifer Nelson
A woman’s objection over how much marijuana was being attributed to her led the Indiana Court of Appeals to apply for the first time Supreme Court precedent regarding possession of marijuana.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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