Latest News

Legislature considers changes to prosecutors’ and judges’ retirement funds

February 25, 2013
IL Staff
In the House of Representatives, a bill that would change features of the Prosecuting Attorneys Retirement Fund is eligible for a third reading vote. In the Senate, a bill calling for a study of judges’ pensions is ready for second reading Monday as well.
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Transferred intent instruction not error in domestic violence trial

February 25, 2013
Dave Stafford
An Elkhart County man’s conviction for domestic battery stands after the Indiana Court of Appeals ruled Monday that a jury instruction on the doctrine of transferred intent was not an abuse of discretion.
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‘Sovereign citizen’ gets 40-year sentence

February 25, 2013
IL Staff
A self-identified sovereign citizen was sentenced last week to 40 years in prison for felony convictions of kidnapping and intimidation of a witness.
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After children are grown, custodial parent still a victim of nonsupport

February 25, 2013
Dave Stafford
The Indiana Supreme Court ruled that a mother was a victim of a father who failed to pay support for his three children even years after the kids were grown.
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Former Lake County clerk Philpot sentenced

February 25, 2013
IL Staff
A former Lake County clerk convicted of felony theft and mail fraud in the U.S. District Court, Northern District of Indiana will serve an 18-month sentence and pay a fine of $10,000.
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Circuit Court rules utility contract falls in state jurisdiction

February 22, 2013
Marilyn Odendahl
A dispute between a power generator and an electricity wholesaler should be heard in the state court, the 7th Circuit Court of Appeals ruled after finding the central issues did not arise under federal law.
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Interstate defendant denied due process in hasty sentencing trip

February 22, 2013
Dave Stafford
A Kentucky inmate brought to an Indiana court for sentencing on four burglary counts to which he pleaded guilty was deprived due process when his new attorney was given only minutes to prepare, the Court of Appeals ruled.
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Officer’s inclusion of victim’s statements did not violate Confrontation Clause

February 22, 2013
Marilyn Odendahl
The Indiana Court of Appeals has ruled that a police officer’s testimony that incorporated statements from the victim did not violate the defendant’s right to be confronted with the witnesses against him.
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Ban on police cell phone searches in texting-while-driving cases advances

February 22, 2013
Dave Stafford
Police would be restricted in most cases from retrieving information from cell phones and similar devices for violation of texting-while-driving laws under a measure that passed the Indiana Senate on Thursday.
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Change to public intoxication statute not retroactive

February 22, 2013
Dave Stafford
A woman convicted of public intoxication may not receive relief from a change in the statute that took effect a day before her bench trial.
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Justices toss delinquency ruling for resisting school resource officer

February 22, 2013
IL Staff
A high school student’s action of trying to pull away from a school resource officer who tried to handcuff him is insufficient to support his adjudication as a delinquent, the Indiana Supreme Court ruled Friday.
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Bills on magistrates; custody and visitation pass House

February 21, 2013
IL Staff
The Indiana House of Representatives passed House Bill 1041 Thursday morning 96-0. The bill addresses petitions to modify custody and visitation involving children who have been abused or neglected.
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COA answers first impression issue on custodial statements

February 21, 2013
Jennifer Nelson
A defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t available at trial as required by Indiana Evidence Rule 617.
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Valparaiso dean leaving for Charlotte law school

February 21, 2013
Jennifer Nelson
Jay Conison, dean of Valparaiso University Law School since 1998, has been named as the new dean of Charlotte School of Law, effective April 15.
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‘Term of imprisonment’ is the total time a misdemeanant is incarcerated

February 21, 2013
Jennifer Nelson
Deciding an issue that has led to confusion in the courts, the Indiana Supreme Court ruled that time suspended is not included under "term of imprisonment" as used in the Indiana misdemeanor sentencing statute.
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High-priced Chicago firm handling Durham’s appeal pro bono

February 21, 2013
Scott Olson
Just because Tim Durham isn’t paying a lawyer to handle the appeal of his 50-year federal prison sentence doesn’t mean he’s getting shortchanged.
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7th Circuit rejects hospital's claims for $20M more in federal aid

February 20, 2013
Jennifer Nelson
Columbus Regional Hospital, which was flooded following heavy rains in southern Indiana in 2008, is not entitled to an additional $20 million in disaster relief funds from the Federal Emergency Management Agency in addition to the $70 million it already received, the 7th Circuit concluded Wednesday.
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Court reverses DCS order requiring mother to take prescribed meds

February 20, 2013
Jennifer Nelson
A mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals Wednesday.
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Justices suspend Tim Durham’s law license

February 20, 2013
IL Staff
Tim Durham, the Indiana businessman found guilty in June on 12 felony fraud charges, had his law license suspended last week by the Indiana Supreme Court.
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Life sentence upheld by Court of Appeals

February 20, 2013
Jennifer Nelson
A Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition for post-conviction relief based on ineffective assistance of counsel.
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COA orders hearing on man’s request to remove name from JTAC website

February 20, 2013
Jennifer Nelson
The Indiana Court of Appeals ruled that it has no authority to remove a man’s name from the Judicial Technology and Automation Committee website and law enforcement databases after a protective order against him was dismissed. But the judges remanded for a hearing before the trial court on David Cook’s claims.
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Insurance policy’s one-year limitation period voided

February 20, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies based on Indiana statute.
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Man’s challenge to requirement he register as sex offender dismissed

February 20, 2013
Jennifer Nelson
The Indiana Court of Appeals concluded it lacked jurisdiction over an appeal out of Marion County by a man who argues he shouldn’t have to register as a sex offender for a 1982 rape conviction in California.
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Proposed changes would make convicted felons serve at least 75 percent of sentence

February 20, 2013
Marilyn Odendahl
The worst-of-the-worst criminal offenders will be facing more time while low-level offenders will be given intensive probation under the new sentencing provisions included in the rewrite of the Indiana Criminal Code.
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Senator’s push for constitutional convention passes committee

February 20, 2013
IL Staff
Senate President Pro Tem David Long’s legislative initiative calling for a convention to propose amendments to the U.S. Constitution advanced out of the Committee on Rules and Legislative Procedure Tuesday.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. 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.

  4. 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.

  5. 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.

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