Articles

Sidewalk Six defendant settles with state

What began a decade ago and became known as the Sidewalk Six paving-for-votes scandal is now nearing an end as one of the three remaining defendants in the civil racketeering case has settled with the state.

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Insurer not allowed to substitute party name

An insurance company isn't allowed to substitute another party's name in a suit filed by a driver for her underinsured motorist benefits because there's no authority for substitution of a non-party before a jury in a contract case, the Indiana Court of Appeals decided today. Doing so would create a "legal fiction" before the jury.

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Justices uphold probation revocation

The Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's appeal – either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule 2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to his claim.

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Justices: Jury issues don’t require new trial

The Indiana Supreme Court affirmed a jury award in favor of a man accused of rape in a civil suit, ruling the jury didn't receive improper communications and the trial court didn't err in providing impasse assistance to the jury.

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Trial court didn’t err in denying mistrial

A trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.

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Supreme Court grants 2 transfers

The Indiana Supreme Court granted transfer to two cases today, including a highly litigated case regarding negligence claims and the construction and renovation of an expanded library location in downtown Indianapolis. In The Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C., and Thornton Tomasetti Engineers, No. 06A05-0804-CV-239, the Indiana Court of Appeals affirmed summary […]

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Court reprimands attorneys for trade-name use

Three attorneys who practiced separately but advertised as an LLC were publicly reprimand by the Indiana Supreme Court for violating several Indiana Professional Conduct Rules by not letting clients know they didn't practice law as a firm.

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Senate OKs COA panel, St. Joe judge elections

The full Senate voted today in support of legislation scrapping the St. Joseph Superior judge merit-selection system for judicial elections, and also creating a new panel for the Indiana Court of Appeals.

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COA splits, reverses probation revocation

The Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The judges didn't agree that the probation revocation hearing comported with due process.

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Insurer needs notice of claim to defend it

An insurer can't defend a claim of which it has no knowledge and its duty to defend doesn't begin until it receives basic notice information to allow it to defend a claim, ruled the Indiana Supreme Court.

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IBA seeks award nominations

The Indianapolis Bar Association is accepting nominations for its 2009 Professionalism Award given to attorneys and the Silver Gavel Award for judges.

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7th Circuit affirms possible erroneous sentence

Because a defendant’s attorney affirmatively waived any challenge to an Armed Career Criminal Act enhancement – despite the 7th Circuit Court of Appeals advisement that the enhancement may have been an error due to a recent Circuit ruling – the federal Circuit Court had no choice but to affirm the District Court.

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