Latest News

A decade of court data is revealed

January 4, 2012
Michael Hoskins
Figures in the latest Judicial Service Report show near record-level filings continue and that the state needs more judges.
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New suit filed protesting immigration law

January 4, 2012
Jenny Montgomery
The Mexican American Legal Defense and Education Fund has filed a lawsuit on behalf of La Union Benefica Mexicana, a nonprofit organization in East Chicago, protesting two previously unchallenged portions of Indiana’s new immigration law.
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State senator named Logansport city attorney

January 3, 2012
Michael Hoskins
Sen. Randy Head, a sitting state senator, is now the city attorney for Logansport.
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7th Circuit examines traffic 'turn' definition

January 3, 2012
Michael Hoskins
While Indiana statute doesn’t specifically define the word “turning” in the context of traffic law, the 7th Circuit Court of Appeals has held the failure to use a right-hand turn signal at an intersection amounts to a violation and justifies a traffic stop.
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COA: post-conviction proceedings not equivalent to civil proceedings

January 3, 2012
Michael Hoskins
The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.
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Local governments to be trained on protecting records from disasters

January 3, 2012
IL Staff
The Indiana State Archives will offer training in January and February for state and local governments on how to protect documents and records – such as deeds and payroll records – before, during and after disasters.
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Court rejects claims of fraud from trust beneficiary's children

December 30, 2011
Jenny Montgomery
The Indiana Court of Appeals has held that two siblings who have accused their mother of fraud with regard to a family trust account did not present any material issue of fact to support their argument.
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COA: Competitor can't challenge state contract for services

December 30, 2011
Michael Hoskins
A mental health services provider doesn’t have standing to challenge a nonprofit competitor’s subcontract for similar services with the Indiana Department of Administration, the state’s second highest appellate court has ruled.
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'Continuing wrong' statute makes malpractice claim timely

December 30, 2011
Jenny Montgomery
A doctor who was the subject of a malpractice claim due to his patient losing consciousness and causing a crash while driving is not entitled to summary judgment, the Indiana Court of Appeals held.
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COA rules on estate representative's banking activity

December 30, 2011
Michael Hoskins
The Indiana Court of Appeals has overturned a Lake County judge in an estate case involving a personal representative who conducted banking transactions for an elderly man before his death.
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Split COA reverses trial court in personal injury case

December 30, 2011
Jenny Montgomery
Two Indiana Court of Appeals judges reversed a trial court’s denial of a woman’s motion for prejudgment interest in a case stemming from a car crash.
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Uncommunicative felon fails to persuade COA that trial court erred

December 30, 2011
Jenny Montgomery
The Indiana Court of Appeals has sided with a trial court in determining that testimony about a felon’s silence post-arrest was not inappropriate.
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Judges find eviction was allowed

December 30, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled that M&I Bank was allowed to evict two residents of a home that had been foreclosed because they were leasing and the bank had become owner in a sheriff’s sale.
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COA rules police can act reasonably to control investigation scene

December 30, 2011
Michael Hoskins
Police were justified in handcuffing a woman who they felt was a safety risk inside her home during an investigation, the Indiana Court of Appeals has ruled.
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Supreme Court upholds unemployment insurance decision

December 30, 2011
Michael Hoskins
The Indiana Supreme Court has upheld a Department of Workforce Development decision denying a woman her claim for unemployment insurance benefits after she was terminated for being unable to perform the required skills of her job.
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Justices rule on citizen tip in drunk driving case

December 30, 2011
Michael Hoskins
The Indiana Supreme Court has held that a police officer had reasonable suspicion to make an investigatory stop after receiving from dispatch a concerned citizen’s report of a suspected drunk driver.
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Repeat litigant rebuked by tax court

December 29, 2011
Jenny Montgomery
The Indiana Tax Court has ordered a man to pay the Indiana Department of Revenue attorney fees for pursuing a frivolous claim.
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Judges affirm worker's compensation board ruling

December 29, 2011
Michael Hoskins
The Full Worker’s Compensation Board of Indiana was correct in ordering a business to pay for an employee’s third surgery that resulted from an accident partially caused by a previous work-related injury.
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Court reinstates man's direct appeal

December 29, 2011
Michael Hoskins
The Indiana Court of Appeals has reinstated the direct appeal of a LaPorte County man convicted of felony robbery and attempted robbery in 2004, finding that he should not receive a new trial for receiving ineffective assistance of appellate counsel the first time he tried to challenge his convictions and sentence.
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Justices uphold Indiana robo-calls ban

December 29, 2011
Michael Hoskins
The Indiana Supreme Court has held the state can continue enforcing a ban on automated robo-calls, with four justices finding that enforcement does not violate the Indiana Constitution’s free speech rights.
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Appeals court sides with snubbed relative in estate case

December 29, 2011
IL Staff
The Indiana Court of Appeals has reversed a probate court’s conclusion that a deceased woman’s son lacks standing to contest a settlement agreement.
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Child's disability has no bearing on wrongful death suit filed by adult

December 29, 2011
Jenny Montgomery
A woman who filed a belated wrongful death suit as personal representative for her son’s estate is bound by the two-year statute of limitations, regardless of the fact that her grandchild has a disability.
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COA affirms trial court in felony neglect case

December 29, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a conviction of Class A felony neglect, holding the appellant was unable to prove that he should have been charged with a lesser offense.
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Trial court used wrong legal standard in revoking probation

December 28, 2011
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to use the proper legal standard to determine whether a woman violated her probation when she was arrested for theft. The trial court used a probable cause standard instead of the legal standard of a preponderance of evidence.
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COA orders new trial in resisting law enforcement case

December 28, 2011
Jennifer Nelson
A Marion County judge violated a defendant’s right to due process when it allowed the charge of resisting law enforcement to go to trial even though the defendant showed purposeful discrimination by the prosecution during voir dire, the Indiana Court of Appeals ruled Wednesday.
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  1. 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.

  2. 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.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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