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Immigrant students receive diverted sentences

June 15, 2011
Jenny Montgomery
On June 14, five undocumented immigrant students received diverted sentences for criminal trespass charges stemming from an incident in May in Gov. Mitch Daniels' office.
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Federal judge decertifies class in hail-damage suit

June 15, 2011
Jennifer Nelson
On order from the 7th Circuit Court of Appeals, an Indiana judge has decertified the class in a lawsuit against State Farm following a 2006 hail storm in central Indiana.
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Bar association seeks nominations

June 15, 2011
IL Staff
The Indiana State Bar Association Latino Affairs Committee's Trailblazer/Abriendo Caminos Award will recognize for the first time the outstanding achievements, commitment, and leadership of a lawyer who has paved the way for the advancement of other Latino attorneys and/or the Latino community.
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Justices address incompetent defendants in 2 cases

June 14, 2011
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Tuesday in which the defendants, who were found to be incompetent at some point, argued that pending charges violated their rights to due process on fundamental-fairness grounds.
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Appellate court upholds motion to suppress after traffic stop

June 14, 2011
Jennifer Nelson
The Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop a driver believed to be intoxicated.
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Justices suspend attorneys for not paying fees, doing CLE

June 14, 2011
IL Staff
The Indiana Supreme Court has suspended 210 attorneys for not complying with continuing legal education requirements or nonpayment of attorney registration fees.
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Judges to travel to Angola for arguments

June 14, 2011
IL Staff
A panel of Indiana Court of Appeals judges will hear arguments in a contempt of court case Wednesday in northeast Indiana.
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IPAC director retiring Aug. 1

June 13, 2011
Michael Hoskins
The longtime leader of the Indiana Prosecuting Attorneys Council is retiring Aug. 1, leaving the statewide agency he’s been with for more than three decades.
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7th Circuit dismisses law suit over bar exam

June 13, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has dismissed an Indiana man’s suit in which he claims he should be able to sit for the bar exam even if he didn’t go to law school. The federal appellate court dismissed it for failure to timely pay the required docketing fee.
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COA reverses worker's comp board on prescription drug denial

June 13, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed a finding by the state Worker’s Compensation Board that a woman’s employer isn’t responsible for providing a specific prescription drug to her, noting that the board only focused on one possible reason why the drug is prescribed.
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Evansville attorney, JLAP advocate dies

June 13, 2011
Jennifer Nelson
An Evansville attorney and founding member of the modern Evansville Bar Association Lawyers Assistance Committee died June 9.
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Judges affirm motion to suppress after illegal police entry

June 10, 2011
Jennifer Nelson
An Indiana Court of Appeals judge wrote a separate opinion in an unlawful arrest case, emphasizing that the facts before the court differ from those before the Indiana Supreme Court justices in Barnes v. State.
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COA reverses judgment for apartment manager in negligence case

June 10, 2011
Jennifer Nelson
In ruling on a slip-and-fall case involving injury occurring in an apartment complex parking lot during the winter, the Indiana Court of Appeals noted that there are not any Indiana cases with an identical fact pattern, so they looked to a similar Missouri case for guidance.
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Bankruptcy judge reappointed to 14-year term

June 10, 2011
IL Staff
The 7th Circuit Court of Appeals has reappointed Bankruptcy Judge Anthony J. Metz III in the U.S. District Court’s Southern District of Indiana to another 14-year term when his current term ends Nov. 14, 2011.
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SCOTUS: Vehicular flight from police is 'violent' felony

June 9, 2011
Michael Hoskins
The nation’s highest court has upheld an Indianapolis federal judge's ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
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COA rules on public utility issues

June 9, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed in part and reversed in part the decision by the Indiana Utility Regulatory Commission finding United States Steel Corp. acted as a public utility when it delivered electricity and natural gas to another steel producer in northwestern Indiana.
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Pro Bono Commission receives cy pres award

June 9, 2011
IL Staff
The Indiana Pro Bono Commission has received an award for the benefit of its districts that comes from a class-action lawsuit.
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7th Circuit affirms ruling against former jail nurses

June 9, 2011
Jennifer Nelson
In a discrimination and hostile work environment case, the 7th Circuit Court of Appeals concluded for the first time that displays of confederate flags in the workplace may support a hostile work environment claim. However, the judges agreed with the District Court that several African-American nurses formerly employed by a Marion County jail could not support their legal claims.
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Legislators file amicus brief asking for narrowed Barnes decision

June 9, 2011
Jennifer Nelson
Seventy-one Indiana legislators have signed an amicus curiae brief that asks the Indiana Supreme Court to narrow its recent decision that held Hoosiers have no right to resist unlawful police entry into their homes. The defendant's attorney in the case has also asked for a rehearing.
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SCOTUS rules on Indiana 'crime of violence' case

June 9, 2011
Michael Hoskins
The nation’s highest court has upheld an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
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Man’s Sixth Amendment right not violated

June 8, 2011
Jennifer Nelson
The failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday. However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.
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Legislative committee to look at Barnes decision

June 8, 2011
Jennifer Nelson
Not since daylight-saving time has an issue agitated Sen. Brent Steele’s constituents as much as the recent decision by the Indiana Supreme Court on illegal police entry.
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Judges rule on legal malpractice action

June 8, 2011
Jennifer Nelson
The Indiana Court of Appeals concluded that a man has standing to pursue his legal malpractice action, although issues of material fact preclude him from summary judgment as to the attorney’s liability for malpractice.
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COA: Statute of repose doesn't bar woman's complaint

June 8, 2011
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals concluded that a woman’s negligence complaint isn’t barred by a statute of repose.
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Touched by controversy

June 8, 2011
Michael Hoskins
In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. 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.

  3. 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.

  4. 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.

  5. 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?

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