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Public input wanted on proposed changes to court rules

April 5, 2013
IL Staff
The Indiana Supreme Court wants to hear from judges, attorneys and the general public as it considers possible changes to court rules.
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Justices affirm denial of killer’s post-conviction relief

April 5, 2013
Dave Stafford
A man originally sentenced to die for the 2006 murders of a mother and her 8- and 13-year-old daughters will continue to serve his converted sentence of life without parole after the Indiana Supreme Court on Thursday afternoon affirmed a trial court’s denial of post-conviction relief.
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Law students to join Bei Bei Shuai rally

April 5, 2013
Dave Stafford
Students from Indiana University Maurer School of Law will take part in a rally this weekend to call for an end to the prosecution on murder and attempted feticide charges of Bei Bei Shuai. Shuai consumed rat poison while pregnant, and her newborn daughter died shortly after birth.
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General Assembly enters final weeks with full schedule

April 5, 2013
IL Staff
Indiana’s biennial budget is eligible to receive a second reading in the Senate Monday as the Indiana General Assembly enters the final weeks of its regular session.
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Court reverses several theft convictions under single larceny rule

April 4, 2013
Jennifer Nelson
An Orange County man who stole items from a deceased man’s home and sold them had multiple convictions overturned by the Indiana Court of Appeals, including several theft convictions and failure to report a dead body.
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COA affirms dismissal for lack of personal jurisdiction

April 4, 2013
Jennifer Nelson
The Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business from a lawsuit filed here.
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Trial court improperly suspended driving privileges for life

April 4, 2013
Jennifer Nelson
A Marion Superior Court exceeded statutory authority when it suspended a man’s driving privileges for life, the Indiana Court of Appeals has held. At the time Thomas Porter was arrested and charged, his driving privileges were suspended for life, but that was no longer the case when he was sentenced.
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Broken gun still a firearm for felon-conviction purposes

April 4, 2013
Dave Stafford
A gun that can no longer shoot is still a gun for purposes of federal firearms convictions, the 7th Circuit Court of Appeals ruled Thursday.
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Presence of alternate juror in deliberation room not reversible error

April 4, 2013
Dave Stafford
A man’s conviction of methamphetamine and firearms crimes in the U.S. District Court for the Southern District of Indiana was not prejudiced by the presence of an alternate juror in the deliberation room, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit affirms defense verdict in motorcycle crash

April 4, 2013
Dave Stafford
A woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence was improperly admitted, including her statements that the crash was her fault.
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Judges rule on contractor dispute over new FBI headquarters

April 4, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist upon arbitration.
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Lake County murder conviction affirmed

April 4, 2013
Jennifer Nelson
A Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction regarding the presumption of innocence, the Indiana Court of Appeals held.
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COA orders bank’s cause of action reinstated

April 4, 2013
Jennifer Nelson
A Howard Superior Court erred in denying a bank’s motion for relief from the court’s quiet title decree finding the bank no longer held any interest in certain real property owned by a divorcing couple, the Indiana Court of Appeals ruled Thursday.
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Evidence supports animal fighting convictions

April 4, 2013
Jennifer Nelson
A Shelby County man who claimed his devotion to his religious beliefs required him to breed, raise and fight gamefowl had his convictions relating to animal fighting upheld by the Indiana Court of Appeals Thursday.
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Firm mergers at highest number since 2009

April 4, 2013
IL Staff
U.S. law firm mergers in the first quarter of this year hit a four-year high, Altman Weil Inc. announced Thursday. Twenty-one firms announced mergers and acquisitions, with most deals involving acquisitions of small law firms.
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Gammage appointed magistrate in St. Joseph Circuit Court

April 4, 2013
IL Staff
St. Joseph Circuit Judge Michael Gotsch announced Wednesday that Andre B. Gammage will replace Elizabeth C. Hurley as magistrate judge on the court. Hurley was recently appointed to the St. Joseph Superior bench by Gov. Mike Pence.
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Disciplinary commission seeks suspension of former clerk’s law license

April 3, 2013
IL Staff
More than a month after former Lake County clerk Thomas R. Philpot was sentenced to serve 18 months for theft and mail fraud convictions, the Indiana Supreme Court Disciplinary Commission has requested his law license be suspended by the Supreme Court.
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Bill adding magistrates, judges in 3 counties moves to governor

April 3, 2013
IL Staff
Legislation that will add more judicial officers in Hamilton, Hendricks and Owen counties passed unanimously out of the House of Representatives Tuesday.
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Justices divided over vacating transfer in drug case

April 3, 2013
IL Staff
Three of the five Indiana justices have decided that the Indiana Court of Appeals decision in Andrew Humphreys’ case challenging his habitual offender adjudication should stand, so they voted to vacate transfer granted in December.
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7th Circuit: no liability insurance coverage for associate’s error

April 2, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm didn’t timely notify its insurer of a potential malpractice claim.
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Contentious Senate panel advances voucher expansion

April 2, 2013
Dave Stafford
A proposal to expand Indiana’s school voucher program moved to the full Senate on Tuesday, but not before opponents said the unknown costs and impact of the bill amounted to a fiscal cliff for the state and a bailout of private religious schools.
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Justices accept 3 cases, including environmental suit

April 2, 2013
IL Staff
The Indiana Supreme Court agreed last week to take three cases – an environmental damages lawsuit, an insurance dispute and a woman’s challenge to her drug charges.
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Sullivan to mediate Lake Superior judge dispute

April 1, 2013
Dave Stafford
Former Justice Frank Sullivan will mediate a dispute over a Lake Superior Court judgeship vacancy, the Indiana Supreme Court ordered Monday.
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Roche owes Marsh Supermarkets $18M for breaking sublease

April 1, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld judgment Monday in favor of Marsh Supermarkets LLC on its complaint alleging that Roche breached a contract to sublease space in the Fishers building that houses Marsh’s headquarters.
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Judges reaffirm reversal of truck forfeiture in pirated movies case

April 1, 2013
Jennifer Nelson
The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the judges ruled a man shouldn’t have had his truck taken by the state because he sold pirated movies from it. But the appellate court again ruled in favor of Michael Curtis.
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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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