Latest News

COA upholds cocaine convictions, sentence

December 21, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered jury instruction.
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Judges affirm criminal recklessness conviction

December 21, 2012
Jennifer Nelson
Someone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals held in a first impression case.
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3 charged in Indianapolis home explosion

December 21, 2012
Jennifer Nelson
Marion County Prosecutor Terry Curry announced Friday that three people have been arrested in connection with a home explosion in an Indianapolis suburb that killed two people last month and damaged dozens of homes.
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Supreme Court denies Star appeal in online commenter case

December 21, 2012
Dave Stafford
The Indiana Supreme Court on Thursday denied transfer in The Indianapolis Star’s appeal of an order that it identify a person who posted an anonymous online comment that has been included in a defamation suit.
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Judge rules law doesn’t require schools to bus students

December 21, 2012
Jennifer Nelson
A Marion County judge ruled in favor of Franklin Township Community School Corp. on a lawsuit filed by parents after the school contracted its bus transportation services to an outside organization that charged students to ride.
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AG: State Fair stage collapse victim payments completed

December 20, 2012
Dave Stafford
Victims of the 2011 Indiana State Fair stage collapse soon will receive a supplemental and final disbursement of money allocated for victims of the tragedy that killed seven people and injured scores more.
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Court orders new trial on damages owed to wrongfully convicted man

December 20, 2012
Jennifer Nelson
Finding a District judge improperly limited critical evidence relating to an Elkart man’s innocence during his trial for damages following his wrongful conviction, the 7th Circuit Court of Appeals ordered a new damages trial be held.
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7th Circuit rules in favor of hospital in EMTALA violation suit

December 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found that the 2003 definition of when a person is to have “come to the emergency room” is a clarification of the rule in effect in 2001 and that a woman who filed a lawsuit under the Emergency Medical Treatment and Active Labor Act did not come to the Wishard Hospital emergency department under that act.
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Judges uphold finding that past burglaries were not single criminal episode

December 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals dismissed a defendant’s argument that his three previous convictions of burglary should be treated as a single criminal episode for purposes of the Armed Career Criminal Act.
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Hoosiers planning full-court press at We The People national competition

December 20, 2012
Marilyn Odendahl
Two Indiana high schools and one middle school have the opportunity to show the country that Hoosiers can do more than shoot hoops. Teams from the three schools have qualified for the national 2013 We The People competition and will be able to match their knowledge of the U.S. Constitution against teams from other schools around the United States.
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Northern District adopts revision to bankruptcy rule

December 20, 2012
IL Staff
The United States Bankruptcy Court for the Northern District of Indiana has adopted revisions to Local Rule B-7056-1, Motions for Summary Judgment. The change became effective Tuesday.
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Drugmaker settlement nets state $793K

December 20, 2012
IL Staff
Indiana will collect $793,000 in reimbursement to the Medicaid program as part of a nationwide settlement of claims that the pharmaceutical company Amgen Inc. illegally marketed drugs, offered doctors kickbacks and submitted ineligible claims for payment.
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7th Circuit reinstates suit to recoup environmental cleanup costs

December 19, 2012
Jennifer Nelson
Finding the District Court erred in dismissing several claims made by the trustees of a fund to oversee cleanup of a contaminated site, the 7th Circuit Court of Appeals is allowing the lawsuit to proceed.
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Judges reinstate administrative order to refund excessive title insurance premiums

December 19, 2012
Jennifer Nelson
After finding a trial court exceeded its authority when it reweighed evidence presented to a hearing officer regarding overcharging of title insurance premiums by several agencies, the Indiana Court of Appeals reinstated the administrative order issued by the Indiana commissioner of insurance to refund excessive premiums.
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COA orders continuation of insurer’s case against tenant

December 19, 2012
Jennifer Nelson
Because Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action against the tenant after a fire started on her patio.
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Justices reinstate 80-year sentence

December 19, 2012
Jennifer Nelson
Disagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s two young daughters.
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Justices: summary judgment inappropriate on some claims in contaminated waste suit

December 19, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed in part and reversed in part the grant of summary judgment to various defendants involved in a landowner’s lawsuit seeking damages after a steel fabrication company deposited solid waste onto his property.
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Hospital wins on uninsured patients’ appeal of rates charged

December 19, 2012
Jennifer Nelson
The Indiana Supreme Court ruled in favor of a hospital’s motion to dismiss a complaint brought by uninsured patients regarding the rates charged by the hospital, finding the patients’ complaint failed to state facts on which the trial court could have granted relief.
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State could refile charges against Bunch

December 19, 2012
IL Staff
Although arson and murder charges were dismissed against Kristine Bunch Tuesday in Decatur County, prosecutors may decide to refile charges after further investigation.
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Applications being accepted for St. Joseph Superior Court

December 19, 2012
IL Staff
Those interested in joining the St. Joseph Superior bench have until Jan. 18 to apply to the court’s nominating commission. The applicant chosen will replace Judge Roland Chamblee Jr., who is retiring in March.
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Rush robing ceremony set

December 19, 2012
IL Staff
Indiana Supreme Court Justice Loretta Rush’s formal robing ceremony will take place at 10 a.m. Friday, Dec. 28 in the Supreme Court Courtroom at the Statehouse.
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Pilot iPad program expanding in Indiana General Assembly

December 19, 2012
Marilyn Odendahl
The process of turning a bill into a law requires thousands of pages of paper. Even the bills that do not become laws consume stacks and stacks – literally tons – of paper each year. But the tide may be turning. A pilot project in the Indiana General Assembly is being expanded with the goal of eventually replacing all that paper with electronic copies.
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Conour court filings reveal lavish lifestyle

December 19, 2012
Dave Stafford
The ex-attorney is still without counsel in his wire fraud case and is proceeding pro se in his divorce and foreclosure cases.
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Law firms mark the season with festive in-house traditions

December 19, 2012
Marilyn Odendahl
From a litigation practice party around a partner's fireplace to highly decorated offices, law firms are showing their holiday spirit.
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Powers collide in utility rate case charged by ethics scandal

December 19, 2012
Dave Stafford
Undue influence is an undercurrent of Duke Energy v. Indiana Utility Regulatory Commission case.
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  1. 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.

  2. 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.

  3. 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.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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