Latest News

COA: Summary judgment wrong in foreclosure suit

November 19, 2010
Jennifer Nelson
A mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals ruled today for the first time.
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Judges uphold OWI conviction

November 19, 2010
Jennifer Nelson
The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.
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Chief’s recusal results in split Supreme Court

November 18, 2010
Michael Hoskins
The same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall T. Shepard.
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Judges: disparagement provision not violated

November 18, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals twice declined to certify questions to the Indiana Supreme Court a litigant raised in his appeal of a suit involving alleged violations of a non-disparagement clause in a settlement agreement.
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Appellate court finds garage insurance policy doesn’t cover injuries

November 18, 2010
Jennifer Nelson
For only the second time, the Indiana Court of Appeals has addressed the language in a garage insurance policy, and upheld partial summary judgment in favor of the insurer.
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Johnsen to discuss confirmation process, rule of law Friday

November 18, 2010
IL Staff
For the first time since she was nominated to a post in the Department of Justice, Dawn Johnsen will give a public lecture at Indiana University Maurer School of Law in Bloomington on Friday.
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COA reverses ruling in right of contribution case

November 17, 2010
Jennifer Nelson
The Indiana Court of Appeals used common law today to reverse a judgment in favor of a man suing his business partner for failing to contribute to guarantee payments.
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7th Circuit: Drug convictions stand

November 17, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed drug convictions against two defendants, holding the lower court didn’t err in admitting a police officer’s voice identification testimony regarding one of the defendants.
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Justices take legal-malpractice insurance case

November 17, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in which a legal professional liability insurer claimed it didn’t receive actual notice of claims against the attorney, so the former clients couldn’t collect under the plan.
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Judges remand securities fraud case on statute-of-limitation issue

November 16, 2010
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to reconsider whether it should discharge certain charges of securities fraud because the charges fall outside the statute of limitation.
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Dismissal of delinquency petition doesn’t endanger public

November 16, 2010
Jennifer Nelson
A juvenile court didn’t err in dismissing a delinquency petition against a teen who was found to be incompetent to stand trial, the Indiana Court of Appeals ruled today. The judges also found dismissing the petition did not unduly endanger the public.
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Legislators meet for Organization Day

November 16, 2010
Jennifer Nelson
Today is the 2011 Organization Day for Indiana lawmakers, typically a ceremonial day. But one tradition was slightly altered due to Secretary of State Todd Rokita’s absence.
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Court rejects man's explanation of 'briefly'

November 15, 2010
Jennifer Nelson
A man charged with a drug dealing offense near a school wasn’t entitled to a jury instruction stating he was only “briefly” within 1,000 feet of school property because the drug transaction was short in time even though it happened at his house, the Indiana Court of Appeals ruled today.
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No error in refusal to tender 'missing witness' instruction

November 15, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s drug convictions, finding the District Court didn’t err by refusing to give the jury a requested “missing witness” instruction.
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Despite out-of-court agreement, COA upholds motion to strike

November 15, 2010
Jennifer Nelson
The Indiana Court of Appeals encourages collegiality among attorneys when it comes to resolving issues outside of court, but it had to uphold the striking of documents because they were not timely filed with the trial court. The parties’ attorneys agreed to an extension of time to reply outside of court, but the trial court had no choice but to not allow the late reply.
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ICJI awards grant for study of juvenile courts

November 15, 2010
Rebecca Berfanger
Two Indiana University School of Public and Environmental Affairs professors at Indiana University-Purdue University Indianapolis have received a $200,000 grant from the Indiana Criminal Justice Institute to study the records of juvenile delinquents in Indiana to determine if juvenile court personnel treated defendants differently based on race, the school announced today.
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Court upholds juvenile placement with DOC

November 12, 2010
Jennifer Nelson
The Indiana Court of Appeals upheld placing a juvenile with the Indiana Department of Correction over his objections that there was a less restrictive alternative available.
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COA affirms Avon ordinance invalid

November 12, 2010
Jennifer Nelson
The Town of Avon’s attempt to regulate by ordinance a township and conservancy district’s ability to remove and sell groundwater located in a park failed because the ordinance violated Indiana law, the Indiana Court of Appeals held today.
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Justices disbar attorney

November 12, 2010
Jennifer Nelson
The Indiana Supreme Court chose to disbar a Marion County attorney due to his pattern of neglect in clients’ cases.
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Plaintiff attorney chosen to serve on judicial commissions

November 11, 2010
Michael Hoskins
An Indianapolis plaintiff attorney has received the most votes from colleagues to join the Indiana Judicial Nominating and Judicial Qualifications commissions, and he’ll take a spot on a seven-person panel in January.
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Judge denies summary judgment in legal malpractice suit

November 11, 2010
Jennifer Nelson
A federal judge denied summary judgment for an attorney and his law firm on legal malpractice and other claims, ruling the defendants failed to present a coherent argument to support summary judgment.
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COA to visit high school for oral arguments

November 11, 2010
IL Staff
The Indiana Court of Appeals will hear oral arguments in a trespass and resisting law enforcement case at an Indianapolis high school Nov. 16.
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Northern District Local Rules amended

November 11, 2010
IL Staff
Four local rules have been amended in the U.S. District Court of Indiana, Northern District. Changes have been made to Local Rule 7.1, Motion Practice; Length and Form of Briefs; L.R. 56.1 Summary Judgment Procedure; L.R. 200.1, Bankruptcy Cases and Proceedings; and Appendix C, Notice to Pro Se Litigant.
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COA: State could charge man for leaving scene of fatal accident

November 10, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man who had already been convicted of causing the victim’s death.
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High court vacates transfer order

November 10, 2010
IL Staff
The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.
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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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