COA traveling to North Manchester, Valparaiso for oral arguments
The Indiana Court of Appeals will travel north this week to hear oral arguments in two cases involving narcotics and murder.
Pro se
Articles
New site a landing page for civil legal aid
The Coalition for Court Access recently launched the website Indianalegalhelp.org. Now, Hoosiers needing help with a divorce, child custody issue, eviction or other civil legal problems have a new place to find answers and additional resources without having to make a phone call, schedule an appointment or even drive to a courthouse.
After heartbreak, Evansville’s public law library writing next chapter
At any time during the week, members of the public, pro se litigants and attorneys find their way into the Evansville public law library and quickly turn a quiet day into a busy one.
Default judgment for buyers reversed in suit against car dealer
The Indiana Court of Appeals reversed a trial court’s denial of a car dealership’s motion to set aside a default judgment for two customers when it found a dealership employee was given incorrect information about his need for representation during a hearing.
COA upholds denial of pro se rights to ‘sovereign citizen’
The Indiana Court of Appeals has affirmed the termination of a man’s self-representation after determining he engaged in deliberately obstructive behavior that threatened to undermine the proceedings of his case by claiming to be a "sovereign citizen."
Inmate who dressed as old woman, carried urine into court loses appeal of denial of pro se rights
A Marion County defendant whose right to proceed pro se was terminated after a judge determined his physical state precluded him from doing so has lost his appeal of that termination, with the Indiana Court of Appeals finding the man used his illness to try to influence the court and jury.
Judge strikes brief for exceeding word count
A man who did not understand how to properly figure the word count in his appellant brief was ordered to rewrite it and explain why he should not be penalized for falsely representing that his original brief complied with the word limits.
COA affirms denial of shooter’s request to proceed pro se
The Court of Appeals affirmed Monday the decision not to let a Vanderburgh County man who shot up an Evansville rescue mission to proceed pro se, finding his history of mental illness justified the trial court's requirement that he proceed with counsel.
COA orders withdrawal of guilty plea made without counsel
The Franklin Circuit Court must withdraw a first-time felon’s pleas to two drug counts after erroneously finding the man knowingly, voluntarily and intelligently waived his right to counsel, the Indiana Court of Appeals ruled Wednesday.
Fogle seeks $57 million in damages in D.C. filing
Former Subway pitchman Jared Fogle is continuing his legal fight against his 2015 child pornography convictions, this time filing a complaint in a Washington, D.C., district court alleging judicial fraud and seeking $57 million in damages. The filing is the latest in a series of pro se jailhouse filings by Fogle that sometimes have incorporated sovereign citizen-styled pleadings.
Facebook defamation judgment may set precedent, Indiana lawyers say
Southern Indiana attorneys who won defamation damages over a defamatory Facebook post say the court’s monetary award appears to set a precedent as the first reported judgment of its kind in the nation.
ADA complaint against IPS will continue
A federal lawsuit alleging Indianapolis Public Schools failed to accommodate a former employee’s disability will proceed in the U.S. District Court for the Southern District of Indiana after a judge partially denied IPS’ motion to dismiss.
COA reverses denial of PCR petition
A pro se defendant sentenced to 100 years of incarceration can take his case back to the trial court after the Indiana Court of Appeals found his appellate counsel prejudiced him by not raising the issue of whether his waiver of counsel was knowing, intelligent and voluntary.
7th Circuit remands case for resentencing, pro se hearing
The Indiana Southern District Court must resentence an Indianapolis man convicted of possessing ammunition as a felon after the 7th Circuit Court of Appeals determined the district court did not adequately inquire into whether the man wanted to proceed pro se.
‘God’ gets more time to pay filing fee to sue IU
A man claiming to be God but who’s a little light on money can sue Indiana University and the Lilly Library by paying his federal court filing fees in installments, a federal judge ruled this week.
Magnus-Stinson issues warning to parties filing frivolous motions
Indiana Southern District Chief Judge Jane Magnus-Stinson has issued a stern warning to any defendants considering filing an affirmative defense of failure to exhaust administrative remedies under the Prison Litigation Reform Act – provide evidence to support that claim or abandon the defense entirely.
Letter to the editor: Posner’s pro se comments troubling
If what retired Judge Richard Posner is saying is true, then we have a very serious problem in the 7th Circuit warranting the attention of the U.S. Department of Justice as these judges are violating the civil rights of the pro se litigants who are constitutionally entitled to their day in court.
COA orders new probation violation hearing in pro se case
The Indiana Court of Appeals has ordered a trial court to give a Franklin County man a new fact-finding hearing on the petition to revoke his probation after determining he did not voluntarily, knowingly and intelligently waive his right to counsel at the hearing.
Study: Mediation favored; style fitting litigants’ status may be better
A novel Indiana study finds judges, lawyers and mediators broadly agree that mediation is likelier than trial proceedings to provide fair and satisfactory results for couples in family law cases. Researchers also suggest that mediators may be able to further improve outcomes by tailoring their styles to fit litigants’ circumstances.
Evansville law library gets a new librarian and brighter future
Even as legal research materials continue to migrate to online platforms, the Evansville legal community has rallied to save its county law library.