Latest News

High court to hear legislative fines appeal

February 8, 2012
Jennifer Nelson
The Indiana Supreme Court has taken the appeal of a Marion County judge’s decision that ordered Democratic members of the Indiana House be refunded the money withheld from their paychecks due to a walkout in 2011.
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COA affirms original sentence revision

February 8, 2012
Jennifer Nelson
The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.
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Court does not have subject matter jurisdiction over child support

February 8, 2012
Jennifer Nelson
In addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in the statutory scheme that leads to the “somewhat absurd result in this case.”
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Judges affirm credit restricted felon status

February 8, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.
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Comment sought on proposed changes to parenting time guidelines

February 8, 2012
IL Staff
The Indiana Judicial Center’s Domestic Relations Committee is seeking comment on proposed changes to the parenting time guidelines, which includes parenting coordination guidelines.
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Mock trial judges needed

February 8, 2012
IL Staff
Indiana’s Mock Trial Program is seeking attorneys and other volunteers to help with the state competitions this year and in 2013. Indiana will host the National Mock Trial finals in 2013.
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Court split on dismissing murder, attempted feticide charges

February 8, 2012
Jennifer Nelson
In a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child, one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the feticide statute.
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Justices take secretary of state case

February 8, 2012
Jennifer Nelson
The Indiana Supreme Court decided Tuesday to hear the appeals of a Marion County judge’s decision that found Indiana Secretary of State Charlie White ineligible to hold office.
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Judges reverse felony sexual battery conviction

February 7, 2012
Jennifer Nelson
Because the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor battery.
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Homeowners' association can enforce ban on child day care

February 7, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the decision that would allow two homeowners to run a child care operation out of their residences. The homeowners’ association has restrictive covenants in place prohibiting the operation of a child care home.
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7th Circuit dismisses South Bend's appeal

February 7, 2012
The 7th Circuit Court of Appeals was presented a novel jurisdictional issue Tuesday: whether a municipal land use case can come within the exception to the doctrine of mootness for cases that are capable of repetition yet elude review.
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Justice interviews begin Wednesday

February 7, 2012
IL Staff
The interviews of the 15 applicants to be the next Indiana Supreme Court justice begin Wednesday afternoon in the Indiana Statehouse.
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Judge orders refund of legislative fines

February 7, 2012
Jennifer Nelson
The Democratic members of the Indiana House who faced fines for failing to attend sessions in protest of right-to-work legislation will be reimbursed any amount withheld in 2011, according to a ruling from Marion Superior Judge David Dreyer. The judge also ordered that any fines imposed this session may not be collected.
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Student sues over 'I (heart) BOOBIES' bracelet

February 6, 2012
IL Staff
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of a northern Indiana middle school student who believed he would be expelled if he didn’t cover up his bracelet that said “I (heart) BOOBIES.”
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Attorneys needed to help low-income Indianapolis residents

February 6, 2012
IL Staff
The Health and Human Rights Clinic at Indiana University Robert H. McKinney School of Law is looking for attorneys to team with its clinical faculty to provide pro bono representation to low-income residents in Indianapolis.
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Governor appoints interim secretary of state

February 6, 2012
IL Staff
After Indiana Secretary of State Charlie White was found guilty of six felony charges Feb. 4, Gov. Mitch Daniels appointed Jerry Bonnet as interim secretary of state. A convicted felon cannot hold statewide office in Indiana.
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Justices accept 2 cases

February 6, 2012
Jennifer Nelson
The Indiana Supreme Court granted transfer to two cases, including one involving the validity of a search warrant.
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7th Circuit affirms official's termination

February 3, 2012
Jenny Montgomery
The city of Anderson was justified in firing an official who failed to support a mayoral campaign, the 7th Circuit Court of Appeals held Friday.
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Court agency uses Super Bowl week to test disaster plan

February 3, 2012
IL Staff
The Indiana Supreme Court Division of State Court Administration is taking advantage of the influx of visitors to central Indiana this week to determine if the agency can function from a remote location in case of a disaster.
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7th Circuit upholds firearm conviction

February 3, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking crime, finding there was sufficient evidence to support the conviction.
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Appellate court to visit Sellersburg for arguments

February 3, 2012
IL Staff
The Indiana Court of Appeals will travel to a southern Indiana high school to hear a civil case involving First Amendment claims for a police officer’s private statements.
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Federal judge speaker at Black History Month celebration

February 3, 2012
IL Staff
U.S. Judge Tanya Walton Pratt of the Southern District of Indiana is the featured speaker and will present remarks on “Celebrating the Role of the Courts in Indiana’s Black History,” Feb. 10 at the federal courthouse in Indianapolis.
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Justices uphold driver's license suspension

February 3, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle when he commits the offense.
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Valparaiso Law School hosts immigration conference

February 2, 2012
IL Staff
Valparaiso University School of Law will host a conference on children and immigration from 9 a.m. to 4 p.m. Feb. 10 at Wesemann Hall.
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Courtrooms shift in Southern District

February 2, 2012
IL Staff
With construction winding down at the Birch Bayh Federal Building and United States Courthouse in Indianapolis, there are two changes regarding bankruptcy judges’ courtrooms.
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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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