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Judge dissents in denial of rehearing

December 22, 2010
Jennifer Nelson
Indiana Court of Appeals Judge Margret Robb has issued a lengthy dissent from her colleagues’ denial to rehear a case involving the state’s patient compensation fund. After reviewing the case, she believed the appellate court shouldn’t have applied Restatement (Second) of Torts Section 323.
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Planning ahead for retirementRestricted Content

December 22, 2010
Rebecca Berfanger
For attorneys who may be making a New Year’s resolution to consider retirement in 2011, 2012, or even 2013, it’s never too early to start planning.
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Indiana pro bono districts take a hitRestricted Content

December 22, 2010
Rebecca Berfanger
While low interest rates can be a good thing for those looking to take out loans to buy a home, a car, or to refinance, they mean nothing but headaches and heartaches for organizations that depend on the dollars generated, such as legal aid organizations that rely on funds from Interest on Lawyer Trust Accounts.
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Retiring Lake Circuit judge marks 34 years on benchRestricted Content

December 22, 2010
Michael Hoskins
Lake Circuit Judge Lorenzo Arredondo didn’t set out to make history when he took the bench more than three decades ago. But thanks to what he describes as an array of “historical accidents” over the course of his life, the 69-year old has cemented his name in the history books.
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Politics pivotal in legal world

December 22, 2010
Michael Hoskins
Some may say law and politics go together like love and marriage, but it’s more than a cliché when looking at how the Indiana legal community is being influenced and even transformed by the political process.
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Clark County self-help center helps pro se litigants

December 22, 2010
Rebecca Berfanger
When pro se litigants find themselves in a courthouse for the first time, there’s a good chance they aren’t quite sure what to do. In the Clark County courthouse in Jeffersonville, just across the river from Louisville, a self-help center for pro se litigants in civil cases has been operational since late May.
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State says goodbye to its first tax judge

December 22, 2010
Michael Hoskins
Retiring Indiana Tax Court Judge Thomas G. Fisher received a warm goodbye at a send-off ceremony Dec. 17, as the state recognized the solid and nationally recognized body of caselaw that Indiana’s first appellate tax judge created during his 24 years on the bench.
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DTCI to promote civility, opposing 'anti-lawyer' sentiments

December 22, 2010
Michael Hoskins
Terre Haute attorney Scott M. Kyrouac wants to advance civility between plaintiffs and defense lawyers, and plans to advocate against “anti-lawyer legislation” that may be lodged against the legal community.
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Law firm evolution hints how Evan Bayh could follow in his father's footsteps - again

December 22, 2010
Michael Hoskins
It all began with three prominent attorneys 30 years ago.
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Indiana BLE executive director resigns

December 22, 2010
Michael Hoskins
After three years of being in charge of the Indiana Board of Law Examiners, a state court staff attorney has resigned, and the search for a new leader is under way.
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Court examines statute about paternity, child support

December 21, 2010
Michael Hoskins
The Indiana Court of Appeals ruled on a matter of first impression today, analyzing a specific state statute relating to how a court can cancel child support arrearage after a man’s paternity is vacated based on new genetic testing.
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Justice's first ruling affirms murder convictions, life sentence

December 21, 2010
Michael Hoskins
Indiana Supreme Court Justice Steven David issued his first decision as a member of the state’s highest court, affirming a life without parole sentence in a murder case out of Hamilton County.
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Southern District rules amended

December 21, 2010
IL Staff
Several Local Rules of the United States District Court for the Southern District of Indiana have been amended. The changes are effective Jan. 1.
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6 counties get federal grant for drug courts

December 21, 2010
IL Staff
Drug courts in Delaware, Marion, Monroe, Spencer, Vanderburgh, and Vigo counties will share $1 million from a Bureau of Justice Assistance Drug Court Discretionary Grant, the Indiana Supreme Court announced today. The award will help courts increase graduation rates and lower recidivism.
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High court denies rehearing

December 20, 2010
Jennifer Nelson
A split Indiana Supreme Court has denied rehearing a case involving faulty workmanship being covered under a commercial general liability policy.
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Judge donates SCOTUS items to law school

December 20, 2010
IL Staff
An Indiana Court of Appeals judge has found a new home for his extensive collection of United States Supreme Court memorabilia: Indiana University Maurer School of Law.
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Justices take 3 cases

December 20, 2010
IL Staff
The Indiana Supreme Court has granted transfer to three cases, including one of first impression involving Indiana’s victim-advocate privilege.
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Justices split over IHSAA athlete eligibility ruling

December 20, 2010
Jennifer Nelson
Indiana’s justices couldn’t agree on whether they should even rule on a case involving an athlete’s eligibility in high school when the girl is now playing college basketball.
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Former Marion County prosecutor spokesman pleads guilty

December 20, 2010
Jennifer Nelson
A former spokesman for the Marion County Prosecutor’s Office has pleaded guilty to a drunk driving charge and been sentenced to jail.
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Judges: DNA admittance was harmless error

December 17, 2010
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time today the admissibility of DNA evidence when a defendant can’t be excluded from a possibly infinite number of people matching the crime-scene DNA.
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Dinsmore sworn in as magistrate

December 17, 2010
IL Staff
Mark J. Dinsmore took the oath today to become the U.S. District Court, Southern District of Indiana’s newest magistrate judge. Magistrate Judge Dinsmore was sworn in by Chief Judge Richard L. Young at the Birch Bayh Federal Building and United States Courthouse in Indianapolis.
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PCR 2 not available for probation revocation orders

December 17, 2010
Jennifer Nelson
Post-Conviction Rule 2 is not available for belated appeals of probation revocation orders, the Indiana Court of Appeals concluded.
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Justices vacate adoption decree

December 17, 2010
Jennifer Nelson
The Indiana Supreme Court ordered the adoption decree granted to paternal grandparents be vacated because they didn’t perform a diligent search for the biological mother.
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Unsuccessful Medicaid applicants aren't entitled to in-person hearing

December 16, 2010
Jennifer Nelson
People whose applications have been denied for Medicaid disability benefits do not have a constitutional right to an in-person administrative hearing, the Indiana Court of Appeals has ruled.
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Judges split on approving high-cost retraining tuition

December 16, 2010
Jennifer Nelson
A panel of judges on the Indiana Court of Appeals couldn’t agree on whether a laid-off man’s request for training at an expensive college should be approved.
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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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