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COA affirms order mother attend psychotherapy

June 12, 2014
Jennifer Nelson
Ruling on a matter of first impression, the Indiana Court of Appeals upheld a trial court’s decision to impose psychotherapy in a marital dissolution and custody order.
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COA reverses conviction based on charging information

June 12, 2014
Jennifer Nelson
Because the charging information did not give a defendant fair notice of the crime of which he was convicted, the Indiana Court of Appeals reversed his Class B felony attempted aggravated battery conviction.
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Officer’s testimony about victim’s statement admissible, COA rules

June 12, 2014
Jennifer Nelson
A trial court did not abuse its discretion when it allowed an Indianapolis police officer to testify as to a victim’s out-of-court statements made to the officer shortly after an incident where she was beaten up.
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Inherited IRA funds not considered ‘retirement funds’

June 12, 2014
Jennifer Nelson
The Supreme Court of the United States unanimously held Thursday that funds contained in an inherited individual retirement account do not qualify as “retirement funds” within the meaning of a bankruptcy exemption.
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Justices take certified question regarding dependents

June 12, 2014
IL Staff
The Indiana Supreme Court will determine what exactly the phrase “dependent upon such person” modifies. The high court accepted a certified question on the matter from the United States Bankruptcy Court for the Northern District of Indiana.
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Dickson: ‘Time is right’ to step down as chief justice

June 11, 2014
Dave Stafford
Saying “the time is right for this transition,” Chief Justice Brent Dickson announced Wednesday he would relinquish his leadership of the state Supreme Court but will remain as an associate justice until he faces mandatory retirement in just over two years.
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Reasonable suspicion needed to search home detention participant’s residence

June 11, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the suppression of evidence found at a Tippecanoe County home by community corrections officers, finding the roommate of the man on home detention had a reasonable expectation of privacy.
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Judges order protective order extension recalculated

June 11, 2014
Jennifer Nelson
Finding a 28-year extension of a protective order to be unreasonable, the Indiana Court of Appeals ordered the trial court to determine a “reasonable extension.”
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COA rules against former Junior Achievement boss in defamation suit

June 11, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed that a central Indiana organization and its president did not defame the former president of Junior Achievement of Central Indiana or tortiously interfere with a business relationship.
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Constitutional convention proponents to meet in Indiana Statehouse

June 11, 2014
Marilyn Odendahl
The movement to convene a constitutional convention aimed at reining in the power of the federal government is coming to Indianapolis June 12 and 13.
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Uninsured coverage doesn't include property damage in hit-and-run accident

June 11, 2014
Jennifer Nelson
The Indiana Supreme Court Tuesday affirmed summary judgment for an insurance company that its motor vehicle policy issued to a family does not provide uninsured motorists coverage in a hit-and-run accident.
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COA affirms judgment in coverage dispute between insurance companies

June 10, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s judgment regarding indemnification clauses and coverage under insurance policies. The issue came before the trial court after a worker sought compensation for severe injuries he sustained when he was electrocuted on the construction site of a Wal-Mart in Boone County.
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Judges order good-time credit reinstated

June 10, 2014
Jennifer Nelson
The head inmate law clerk at an Indiana correctional facility is entitled to the 30 days of good-time credit that the prison revoked after finding he used the library’s computers without authorization. But the inmate was just following orders from prison library staff, the 7th Circuit Court of Appeals pointed out.
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Bankruptcy Court seeks volunteers for pro bono panel

June 10, 2014
IL Staff
The United States Bankruptcy Court for the Southern District of Indiana is accepting new volunteers who would like to work on the court’s Bankruptcy Pro Bono Panel.
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COA: Schools required to transport students for free

June 10, 2014
Jennifer Nelson
The Indiana Court of Appeals ruled Tuesday that Indiana students cannot be charged to ride the bus to and from school. The judges found an arrangement between a school corporation and a private company that required parents to pay for their children to ride the bus violated the state constitution.
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7th Circuit reverses ‘troubling’ ruling in discrimination case

June 9, 2014
Jennifer Nelson
Because a District Court judge made several errors in analyzing the evidence brought by an African-American electrician in his lawsuit alleging he wasn’t hired because of his race, the 7th Circuit Court of Appeals reversed judgment in favor of the company.
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Nonprofit unable to prove it is entitled to charitable tax exemption

June 9, 2014
Jennifer Nelson
The Indiana Tax Court Friday upheld the decision to deny a charitable purposes exemption for the 2006 tax year to a Bartholomew County nonprofit that provides housing for low-income residents. The court agreed the nonprofit failed to show that its rental properties qualified for the exemption under I.C. 6-1.1-10-16.
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Justices decline injured officer’s benefits case

June 9, 2014
IL Staff
The Indiana Supreme Court will leave in place the amount of disability benefits an Indianapolis police officer will receive after he was shot in the line of duty.
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IMPD lawyer to be deposed in councilor’s wrongful arrest case

June 6, 2014
Dave Stafford
Lawyers for Indianapolis City-County Councilman Joseph Simpson may depose a city attorney about legal advice she gave in another case regarding a state statute at the heart of Simpson’s wrongful arrest case, a federal judge ruled Friday.
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Youth Summer Legal Institute set for IU McKinney

June 6, 2014
Dave Stafford
Teenagers interested in legal careers will learn from judges, lawyers and other legal professionals at a program June 16-20 at Indiana University Robert H. McKinney School of Law in Indianapolis.
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State bar solo and small conference examining future of law

June 6, 2014
IL Staff
The 2014 Indiana State Bar Solo & Small Firm Conference runs through Saturday and the theme of the 13th annual conference is “The Future of Law.”
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Court orders defendants to wear leg restraints at trial

June 6, 2014
Jennifer Nelson
A federal judge in Terre Haute has granted the government’s request that two defendants wear modified leg irons at an upcoming jury trial due to their violent criminal histories – both outside of prison and while incarcerated. The men face charges stemming from the murder of a fellow inmate.
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Federal court seeks comment on local sentencing procedure rule

June 6, 2014
IL Staff
The U.S. District Court for the Southern District of Indiana has determined there is a need to amend Local Criminal Rule 13.1 on sentencing procedure and is accepting comment on the proposed changes.
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COA: Man’s sentence after guilty plea is illegal

June 5, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s 10-year sentence resulting from a guilty plea for abusing his adopted teenaged children, holding that the sentence was based on an incorrect application of I.C. 35-50-1-2.
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Electronic devices must be turned off in Southern District courtrooms

June 5, 2014
IL Staff
If you plan on bringing your mobile phone, tablet or any other electronic device into court in the U.S. District Court in the Southern District of Indiana, make sure you turn it off. That’s an order from Chief Judge Richard Young.
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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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