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3 Indiana law schools ranked in top 80

March 15, 2011
Rebecca Berfanger
Two Indiana law schools have again been ranked in the top 25 law schools on U.S. News & World Report’s annual list of top graduate schools.
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Judges split on whether 2 insurers must pay for damage

March 15, 2011
Jennifer Nelson
An Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of the responsible party’s insurers had to pay for the property damage.
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High court takes 4 cases

March 15, 2011
IL Staff
The Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert exemptions in garnishment actions on behalf of pro se debtors.
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7th Circuit reverses on relation back issue

March 14, 2011
Jennifer Nelson
A plaintiff attempting to sue his employer for breach of contract should have been able to file an amended complaint with relation back to the date of the original complaint in order to correct the defendant even though the statute of limitations had expired, the 7th Circuit Court of Appeals concluded today.
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Judges affirm insurer has no duty to defend

March 14, 2011
Jennifer Nelson
The Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.
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Appeals court to hear arguments at Indy high school

March 14, 2011
IL Staff
The Indiana Court of Appeals will visit Pike High School in Indianapolis this week to hear arguments in a case in which a man appeals his drug dealing conviction.
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High court taking applications for state public defender

March 11, 2011
IL Staff
The Indiana Supreme Court is now accepting applications for state public defender. The current state public defender, Susan Carpenter, is retiring in May.
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7th Circuit takes girls' basketball schedule case

March 11, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals will decide whether several Indiana school corporations discriminate against girls’ basketball teams by scheduling more of their games on weeknights as compared to the boys’ basketball games.
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Trial court should decide educational credit time

March 11, 2011
Jennifer Nelson
A trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
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Attorney general files 'notario publico' civil suits

March 10, 2011
Michael Hoskins
The Indiana Attorney General’s Office filed a pair of civil consumer deception lawsuits Wednesday against two non-attorneys for offering immigration services that constitute the unauthorized practice of law.
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Comment sought on reappointment of magistrate judge

March 10, 2011
IL Staff
Members of the bar and the public are invited to comment as to whether United States Magistrate Judge Michael G. Naville of the U.S. District Court for the Southern District of Indiana, New Albany Division, should be reappointed to a new four-year term.
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IU Indy to host environment, energy event

March 10, 2011
IL Staff
The forum, “National Energy Security: Challenges and Opportunities for the Midwest” at Indiana University School of Law – Indianapolis March 25 brings together state leaders, entrepreneurs, and experts to discuss energy security. The event is open to the public and also offers CLE credit.
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Judges order new trial following juror issue

March 9, 2011
Jennifer Nelson
A case involving the issue of a prosecutor’s use of a peremptory strike against an African-American member of the jury pool has appeared before the 7th Circuit Court of Appeals for the third time. This time, the judges vacated the two defendants’ murder and robbery convictions and ordered a new trial.
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COA: Admission of prior convictions fundamental error

March 9, 2011
Jennifer Nelson
The Indiana Court of Appeals ordered a new trial for a sex offender convicted of failing to register while having a prior conviction. The court ruled the evidence regarding his prior convictions for failing to register shouldn’t have been admitted at trial.
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Trustee: Pastrick's bankruptcy not an abuse

March 8, 2011
Michael Hoskins
Reversing her decision from a month ago, a federal trustee has determined that former East Chicago Mayor Robert Pastrick’s income is not too high to qualify for Chapter 7 bankruptcy and his filing should not be considered to be an abuse of the process.
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COA reverses marijuana conviction based on intent

March 8, 2011
Rebecca Berfanger
The majority of an Indiana Court of Appeals panel today reversed a conviction of marijuana possession after the defendant contended there was insufficient evidence that she constructively possessed the drug.
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AG offers loan repayment assistance

March 8, 2011
Rebecca Berfanger
Applications for the John R. Justice Student Loan Repayment Program are due March 31 to the Office of the Indiana Attorney General.
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Judges uphold man's remanded drug sentence

March 7, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that the District Court violated the cross-appeal rule when it based his new sentence on remand on evidence that wasn’t relied upon at his first sentencing hearing.
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Johnson County Historical Society gets legal history grant

March 7, 2011
IL Staff
The Johnson County Historical Society has been awarded an Indiana Legal History Grant by the Indiana Humanities Council and the Indiana Supreme Court, the council announced today. The $2,000 award will fund projects and research to increase the understanding of the legal history of the county among those served by the county courts.
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Judges visit Jeffersonville for arguments

March 7, 2011
IL Staff
The Indiana Court of Appeals travels to southern Indiana Wednesday to hear arguments in a case involving credit time.
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Brizzi discipline case could set new prejudice standard

March 4, 2011
Michael Hoskins
The Indiana Supreme Court’s Disciplinary Commission wants to set a new standard of “actual prejudice” for attorney misconduct. In making that argument, the validity of two high-profile murder convictions that Carl Brizzi secured during his time as prosecutor in the state’s largest county are being questioned.
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7th Circuit denies petition to remove judge

March 4, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals denied a man’s petition for writ of mandamus to remove a federal judge from a case he is involved with that’s still pending in District Court. The man failed to intervene in the case and his interest in the case is too uncertain to give him the rights of a party automatically, the judges ruled Friday.
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House Republicans vote to fine absent Democrats

March 3, 2011
Jennifer Nelson
The Indiana House Republicans passed a motion Thursday fining the Democrats who fled to Illinois last week $250 a day until a quorum is present.
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Man still fighting dismissal of bar exam suit

March 3, 2011
Michael Hoskins
The man who sued the Indiana Supreme Court and state Board of Law Examiners because he wants to take the bar exam without going to law school wants a federal judge to reopen his case, arguing that he has no other legal recourse available and the court’s refusal to allow relief is contrary to established precedent.
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Judges uphold IATC’s issuance of alcohol dealer permits

March 3, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner it has for the last 30 years.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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