Courts - The Indiana Lawyer

Justices consider ‘costs’ in UPL action

January 1, 2009

The Indiana State Bar Association wants the state’s highest court to define the term “costs and expenses” as it’s never done before, and in doing so order a company being prosecuted for the Unauthorized Practice of Law to have to pay those fees and disgorge any profits it shouldn’t have made in the first place.Hearing arguments today in State of Indiana, Ex. Rel. Indiana State Bar Association v. United Financial Systems Corp., No. 84S00-0810-MS-551, justices considered an issue of first…

Opinion invites high court to reconsider decision

January 1, 2009

The Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound by the high court's previous ruling.

COA reverses dismissal of drug charges

January 1, 2009

A trial court erred when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against him as a result of that search, the Indiana Court of Appeals ruled today.

Man not prejudiced by attorney’s assistance

January 1, 2009

Even though a defendant's counsel was found to be ineffective based on his "television fantasy" trial strategy, the 7th Circuit Court of Appeals affirmed the District Court denial of his petition for habeas corpus because he didn't show he was prejudiced by his attorney's performance.

Justices split in granting transfer

January 1, 2009

The Indiana Supreme Court was split in its decision to deny transfer in a case in which a defendant claimed misconduct by the prosecutor when he read a poem about drugs during voir dire.

High court splits in hospital negligence suit

January 1, 2009

The Indiana Supreme Court split on whether a hospital was negligent in letting a woman with injuries possibly caused by domestic violence leave with her alleged abuser, who killed her on the way home after being discharged.

COA: physical condition, injury equal one injury

January 1, 2009

The Indiana Court of Appeals isn't convinced it needs to address the issue of pre-existing, non-work related physical conditions as it relates to a pizzeria cook's worker compensation case.

State wants detailed audit of corruption money

January 1, 2009

In the first minutes of a federal court hearing Tuesday, U.S. District Senior Judge James Moody told attorneys he wasn't going to order a state-supervised audit of East Chicago's finances, as the Indiana Attorney General's Office was asking. But his stance may have changed. Following five hours of testimony and arguments in the civil racketeering […]

Minister sues Christian bookstore

January 1, 2009

A Northwestern Indiana minister has filed a lawsuit against a Christian bookstore claiming racial discrimination when he was told to leave the store and that he would be arrested if he ever returned.

Court sanctions school corporation a third time

January 1, 2009

A Northern District magistrate judge has issued sanctions for the third time against Gary Community School Corp. for its lack of cooperation in a suit involving a transgender student.

Bankruptcy Court seeks comment on rules

January 1, 2009

The U.S. Bankruptcy Court of the Southern District of Indiana is seeking comment on new local rules and proposed amendments.

Court affirms delay in jury trial for congestion

January 1, 2009

The Indiana Court of Appeals rejected a defendant's arguments that because his request for a speedy trial was in writing, his trial should take priority over another man's trial scheduled for the same day.

Court rules on consecutive enhancements issue

January 1, 2009

Consecutive habitual offender enhancements are improper, whether the enhancements arise from separate trials on unrelated charges or separate trials on related charges, the Indiana Supreme Court ruled yesterday in two opinions.

Court rules on agency record appeals

January 1, 2009

In two separate opinions, the Indiana Court of Appeals tackled the issue of timely and complete filing of an agency record.

High court rules in favor of AG in casino case

January 1, 2009

The Indiana Supreme Court has ruled in favor of the state's attorney general in a suit for constructive trust and unjust enrichment against a for-profit corporation receiving contributions from a casino, finding the trial court erred in dismissing the claims.

COA visits high school to hear arguments

January 1, 2009

The Indiana Court of Appeals travels to Lawrence North High School in Indianapolis Wednesday to hear arguments in a case involving an off-duty police officer who was in an accident in her patrol car. Judges L. Mark Bailey, Cale J. Bradford, and Paul D. Mathias will hear Fort Wayne Patrolmen's Benevolent Association and Michaeline Jones […]

COA rules on excessive force under ITCA

January 1, 2009

The use of excessive force is not conduct immunized under section 3(8) of the Indiana Tort Claims Act, the Indiana Court of Appeals ruled today.

Plea puts stop to federal death penalty trial

January 1, 2009

The first-ever federal death penalty trial for the Southern District of Indiana was set to start today, but a plea agreement means a trial likely won't be happening at all for a man connected to a violent killing spree four years ago.

Deputy prosecutor new Madison Circuit judge

January 1, 2009

A deputy prosecutor of Madison County was appointed as Madison Circuit judge Sunday by Gov. Mitch Daniels. Rudolph R. Pyle III succeeds Judge Fredrick Spencer, who resigned Sept. 25.

Animal cruelty an exigent circumstance

January 1, 2009

Ruling on the issue for the first time in state courts, the Indiana Court of Appeals decided animal cruelty rises to the level of exigent circumstances to permit a warrantless search of curtilage. The decision came in a man's appeal of his dog fighting convictions.

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