Latest News

Defendant's fleeing justifies delayed arrest

May 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the revocation of a man’s suspension for probation violations after finding the trial court did not err in ordering the man serve the remainder of his originally suspended sentence.
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COA split on whether judgment on pleadings was proper

May 29, 2012
Jennifer Nelson
In a lawsuit against an attorney, law firm and the firm’s insurer, the Indiana Court of Appeals was divided in its ruling over whether the trial court correctly granted the insurer’s motion for judgment on the pleadings.
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Next round of COA interviews June 4

May 29, 2012
IL Staff
The five semifinalists for the Indiana Court of Appeals will have their second round of interviews the afternoon of June 4.
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Nephews' appeal over estate dispute dismissed

May 25, 2012
Jennifer Nelson
Even though the trial court said its order regarding a petition to set aside a family settlement agreement was final and appealable, it was not, so the Indiana Court of Appeals dismissed an appeal sua sponte.
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Court didn't err in allowing impeachment testimony

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals found the trial court did not err in allowing a police detective to testify as to what a witness told him about a shooting.
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Judges uphold murder conviction

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals found the evidence that a defendant committed murder was overwhelming, so any suppression of a witness’s testimony by the prosecution was no more than a harmless error.
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Court dismisses appeal because order isn't final

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine, because the order he appeals from isn’t a final judgment.
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Accident not covered under insurance policy

May 25, 2012
Jennifer Nelson
A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.
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No error in finding defendant jointly and severally liable

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding that a man was jointly and severally liable for damages following a fight over a girl.
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Shepard to attend 4th commencement

May 25, 2012
IL Staff
Since stepping down from the Indiana Supreme Court in March, former Chief Justice Randall T. Shepard has been busy attending college graduations. On Friday, he will visit his fourth school, New England Law – Boston, and deliver the commencement speech.
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Judges find mortgage company not culpably negligent

May 24, 2012
Jennifer Nelson
In a dispute over which mortgage has priority in a foreclosure action, the Indiana Court of Appeals affirmed summary judgment for the senior mortgage holder. The judges found the doctrine of equitable subrogation applies.
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COA rules on first impression possession of marijuana issue

May 24, 2012
Jennifer Nelson
A woman’s objection over how much marijuana was being attributed to her led the Indiana Court of Appeals to apply for the first time Supreme Court precedent regarding possession of marijuana.
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Legislature announces summer study committees

May 24, 2012
Jennifer Nelson
The Legislative Council of the Indiana General Assembly has assigned the study topics various committees will examine this summer and fall. Some of the areas include creating a centralized department of administrative law judges and review of various Department of Child Services practices.
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122 Indiana courts now on Odyssey

May 23, 2012
IL Staff
With the additions of Henry and Jackson counties to the Odyssey case management system, 41 counties and 122 courts are now hooked into the system.
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Court upholds sentence following threat to school

May 23, 2012
Jennifer Nelson
A father who was upset that he couldn’t talk to his daughter after she was arrested at school for having drugs threatened to come to the school with his “guns blaring.” He was arrested and given a suspended sentence for Class D felony intimidation, which the Indiana Court of Appeals affirmed.
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Woman evicted from apartment denied due process

May 23, 2012
Jennifer Nelson
The Indiana Court of Appeals held that a woman was denied due process in small claims court when the court reporter presided over an initial hearing and ordered the woman to move out of her apartment.
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Trial court ordered to determine if man was diligent in pursuing appeal

May 23, 2012
Jennifer Nelson
The Indiana Court of Appeals held that a man cannot appeal the denial of his petition for post-conviction relief, but the trial court should determine whether the defendant has been without fault and diligent in pursuit of his original appeal of child molesting convictions.
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Justices clarify 'notes on oral arguments' use

May 23, 2012
IL Staff
The Indiana Supreme Court issued an order May 18 informing attorneys that filing of “notes on oral arguments” without leave of court is no longer part of Indiana’s appellate practice.
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Shootings put safety on lawyers' radar

May 23, 2012
Jenny Montgomery
Two separate shootings involving Fort Wayne attorneys highlight the need for lawyers to use common sense when it comes to protecting themselves.
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Dickson values continuity for court

May 23, 2012
Dave Stafford
Indiana’s new chief justice will preside as the Supreme Court faces a 'precarious' future.
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Pro Bono Commission chair sees dramatic drop in funding during term

May 23, 2012
Dave Stafford
Colleagues say Indiana Court of Appeals Judge Melissa May's selflessness and volunteer spirit made her ideally suited for the position.
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Fund will build on Shepard's legacy of promoting diversity

May 23, 2012
Dave Stafford
Former Indiana Chief Justice Randall Shepard’s commitment to diversity will continue thanks to a permanent fund that aims to expand on his pioneering efforts to make the legal profession more reflective of society at large.
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5 make first cut for Court of Appeals vacancy

May 23, 2012
Dave Stafford
A consumer protection official, a public defender, two judges and a law professor are semifinalists for a position on the Indiana Court of Appeals.
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Finney: Give power to your point at trial

May 23, 2012
Deanna Finney writes about using PowerPoint as a trial presentation tool.
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Justices grill both sides in IU Health case

May 23, 2012
J.K. Wall
The five justices on the Indiana Supreme Court asked feisty questions of both sides in the case in which two Indiana University Health patients have argued that hospital “chargemaster” rates are unreasonable.
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  2. 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.

  3. 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.

  4. 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.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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