Federalist Society to host talk on judicial selection
The Federalist Society for Law and Public Policy Studies, Indianapolis Lawyers Division Chapter, will host a talk on judicial selection Tuesday.
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Articles
Judges examine double jeopardy issues in child support case
The Indiana Court of Appeals has found a man’s three convictions on non-payment of child support for his three children don't violate double jeopardy principles, even though that issue is currently pending in another case before the Indiana Supreme Court.
Court finds police lacked reasonable suspicion for stop and search
Finding that an Indianapolis police officer didn’t have reasonable suspicion or consent to stop a man acting suspiciously in a gas station parking lot, the Indiana Court of Appeals has reversed two fraud convictions involving the possession of movie DVDs that weren’t yet on the market.
U.S. District Court maintenance Jan. 7
Due to scheduled maintenance, e-filing and PACER access to case information for the U.S. District Court, Southern District of Indiana will be unavailable from 8 a.m. to 8 p.m. Jan. 7.
7th Circuit to hear arguments in NCAA price-fixing lawsuit
The 7th Circuit Court of Appeals hears arguments Monday in a case brought by two former NCAA athletes whose scholarships were revoked after injuries. The litigants claim that they were wrongly denied multi-year scholarships that would have covered the cost of their bachelor’s degrees.
Bills would make changes to pro bono funding, court costs, early voting
Indiana’s 2012 legislative session promises to be a busy one, with hundreds of bills already filed and a short session deadline of March 14. Read about some of the bills Indiana Lawyer is watching.
State Supreme Court’s robo-calls ruling carries over to federal lawsuit
A ruling by the Indiana Supreme Court upholding the state’s automated phone call ban has found its way into the briefing of a federal appeal challenging the same statute, and the attorneys disagree on whether the state justices adequately addressed a First Amendment issue.
Judge allows Charlie White to remain in office pending appeal
Recognizing the judiciary has the ability to minimize damage caused by the ongoing Indiana secretary of state court challenge, a Marion Circuit judge has put a hold on his ruling that the state’s top election official be immediately removed from office and a successor appointed.
COA: will can be admitted in Indiana
Relying on the majority rule, the Indiana Court of Appeals concluded that a man’s will that was denied probate in Illinois could be admitted in Indiana to deal with real property located here.
7th Circuit examines traffic ‘turn’ definition
While Indiana statute doesn’t specifically define the word “turning” in the context of traffic law, the 7th Circuit Court of Appeals has held the failure to use a right-hand turn signal at an intersection amounts to a violation and justifies a traffic stop.
COA: post-conviction proceedings not equivalent to civil proceedings
The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.
Disciplinary Actions -1/6/12
Read who’s been suspended from the practice of law in Indiana.
A decade of court data is revealed
Figures in the latest Judicial Service Report show near record-level filings continue and that the state needs more judges.
Super scheduling
Law firms and courts in Indianapolis work to ensure smooth operations during Super Bowl week.
New suit filed protesting immigration law
The Mexican American Legal Defense and Education Fund has filed a lawsuit on behalf of La Union Benefica Mexicana, a nonprofit organization in East Chicago, protesting two previously unchallenged portions of Indiana’s new immigration law.
Changing how state appeals are started
For the first time in Indiana’s history, lawyers and litigants will no longer be able to file appeals the way it has typically been done.
Court rejects claims of fraud from trust beneficiary’s children
The Indiana Court of Appeals has held that two siblings who have accused their mother of fraud with regard to a family trust account did not present any material issue of fact to support their argument.
COA: Competitor can’t challenge state contract for services
A mental health services provider doesn’t have standing to challenge a nonprofit competitor’s subcontract for similar services with the Indiana Department of Administration, the state’s second highest appellate court has ruled.
‘Continuing wrong’ statute makes malpractice claim timely
A doctor who was the subject of a malpractice claim due to his patient losing consciousness and causing a crash while driving is not entitled to summary judgment, the Indiana Court of Appeals held.
COA rules on estate representative’s banking activity
The Indiana Court of Appeals has overturned a Lake County judge in an estate case involving a personal representative who conducted banking transactions for an elderly man before his death.