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Northern District seeks magistrate in Hammond

April 5, 2012
IL Staff
The Judicial Conference of the United States has authorized the appointment of a full-time magistrate judge for the Northern District of Indiana in Hammond. Applications are being accepted for the position.
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Court preserves woman's day in court despite delays

April 5, 2012
Michael Hoskins
The Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in court was too harsh.
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Panel disagrees on foreclosure settlement resolution

April 5, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled that federal law and housing regulations require that deeds in lieu of foreclosure release the borrower from any mortgage obligation, and the mortgage company issuing an agreement can use that federal language in the contract.
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Summary judgment affirmed in favor of attorney

April 5, 2012
Jenny Montgomery
An attorney who withdrew as counsel for two related family-owned businesses did not make false and defamatory statements in explaining his withdrawal, the Indiana Court of Appeals held.
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COA holds false customer review violates no-contact order

April 5, 2012
Jenny Montgomery
The Indiana Court of Appeals affirmed a trial court’s revocation of probation for a man who wrote a false review of his father’s cleaning company.
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Judges affirm decision in speedy trial claim

April 4, 2012
Michael Hoskins
A Hendricks County judge did not err in denying a man’s motion that his criminal case be discharged because the state failed to conduct a speedy trial within one year of charges being filed, the Indiana Court of Appeals ruled.
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Court rules on estate's claim against insurer

April 4, 2012
Michael Hoskins
The Indiana Court of Appeals has upheld a judge’s ruling against a California reciprocal insurance exchange in a dispute over whether the insurer would have to pay part of a million dollar judgment.
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Court upholds child molester's no-contact condition

April 4, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled that a man convicted of two child molesting counts didn’t have his constitutional rights violated because no double jeopardy violation occurred, and the trial judge’s probation condition that he have no contact with anyone younger than 18 is constitutional.
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Trial rules require sufficient postage

April 4, 2012
Michael Hoskins
The Indiana Court of Appeals has a simple message for litigants: if you are filing anything by certified mail, make sure to put enough postage on your paperwork. Otherwise, don’t expect to use that insufficient postage as an excuse to get around trial rules and court deadlines.
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Appellate court rules on bona fide purchaser dispute

April 4, 2012
Michael Hoskins
The Indiana Court of Appeals has upheld a ruling by a Marion Superior judge in a land title case, finding that a bona fide property purchaser can not be held responsible for deficiencies in the court record that led to the underlying dispute.
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Court of Appeals revises robbery sentence

April 3, 2012
Jennifer Nelson
The Indiana Court of Appeals has ordered that a man’s robbery sentence be reduced because that conviction and sentence were not allowed due to double jeopardy. The man’s sentence for murder, robbery and rape dropped from 160 years to 130 years.
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4 charged after investigation of ballot petition case

April 3, 2012
Jennifer Nelson
Four people in St. Joseph County have been charged following an investigation into whether signatures were forged on an election ballot petition for president in the 2008 Indiana primary election. A special prosecutor has been assigned to the cases.
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First Wednesday event to discuss environment

April 3, 2012
IL Staff
The ACLU of Indiana and NUVO managing editor Jim Poyser will lead a panel discussion, “Environmental Justice: Whose air/food/water is it, anyway?” at its First Wednesday event April 4.
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Volunteer attorneys sought for teen court

April 3, 2012
IL Staff
Evansville’s Youth Resources is seeking volunteer attorneys to assist in its Teen Court. The court is an early intervention/diversion program in the Vanderburgh County Juvenile Justice System for first-time youth offenders ages 10 through 17.
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Judges order another look at whether woman qualifies for disability

April 2, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has found that an administrative law judge failed to properly assess a woman’s residual functional capacity in deciding whether she qualified for disability insurance benefits from the Social Security Administration. The judges ordered the case back to the agency for further proceedings.
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Lecture to focus on legal profession, education

April 2, 2012
IL Staff
The James P. White Lecture on Legal Education at the Indiana University Robert H. McKinney School of Law April 3 will discuss the transformation of the legal profession and legal education.
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AG: More fake tax returns filed with stolen information

April 2, 2012
IL Staff
The Office of the Indiana Attorney General said Monday that it has already received more tax-related identity theft complaints this year than in all of 2011.
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Justice Frank Sullivan joining McKinney School of Law

April 2, 2012
Michael Hoskins
Justice Frank Sullivan will leave the Indiana Supreme Court to teach business law and corporate finance at Indiana University Robert H. McKinney School of Law.
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Judges affirm part of sentence, reverse enhancements on double jeopardy grounds

March 30, 2012
Jenny Montgomery
A woman whose dogs attacked and injured two people failed to prove that the evidence was insufficient to support her convictions. But the Court of Appeals agreed that a portion of her overall sentence should be vacated based on double jeopardy grounds.
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Judges uphold original decision in Clark County surveyor's suit

March 30, 2012
Jennifer Nelson
The Indiana Court of Appeals granted the former Clark County surveyor’s request for a rehearing on its decision regarding his involvement in two county projects, but found his assertions on rehearing are without merit.
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Trial court erred in modifying custody in favor of father

March 30, 2012
Jennifer Nelson
A trial court’s decision to grant a father’s motion to modify custody and prevent his ex-wife from relocating with their son was clearly erroneous, the Indiana Court of Appeals concluded in reversing the decision. The lower court ruling virtually ignored the immense benefit the mother’s new position in Tennessee would bring to her and her son.
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Judges rule in favor of homeowner

March 30, 2012
Jennifer Nelson
A trial court did not err when it found in favor of a homeowner on his breach of contract claim against the contractor he hired to repair his clay tile roof following a storm, the Indiana Court of Appeals concluded.
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Judges: Couple lacked standing to challenge road closure

March 30, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled that a trial court properly dismissed a couple’s complaint over the closure of an access road into cemetery where their daughter is buried.
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Home improvement contract enforceable

March 30, 2012
Jennifer Nelson
Even though a restoration company’s contract with a homeowner did not satisfy the requirements of the Home Improvement Contracts Act, that did not automatically render the contract void, the Indiana Court of Appeals ruled. The judges reversed judgment in favor of the homeowner and ordered he pay the company for the work it performed.
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COA affirms judgment for bank in replevin action

March 30, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld summary judgment for a bank in its attempt to repossess a motorcycle, finding that while the purchasers of the motorcycle had an interest in it, their interest was not superior to the bank’s perfect security interest.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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