Search Results from The Indiana Law Blog
Courts - In Pennsylvania, "Women begin to dominate state appellate courts"
That is the headline to this story today, reported by Debra Erdley, in the Pittsburgh Tribune-Review. Here is a quote from the middle of the story:In a state where outraged voters ousted a Supreme Court justice four years ago amid...
Posted in The Indiana Law Blog on November 5, 2009 11:03 AM
Ind. Gov't. - Still more on "State will cancel its $1.34 billion contract with IBM and other vendors to automate the application process for food stamps, Medicaid and other benefits" [Updated]
The Indianapolis Star editorializes today on the contract cancellation:Large, troubling questions remain about the fate of a public assistance system that affects one in every six Hoosiers. How will the transition back to the state from a failed privatization effort...
Posted in The Indiana Law Blog on October 17, 2009 02:37 PM
Ind. Courts - Couldn't this appear a little misleading? How do the numbers add up?
The ILB has not posted an entry on the Court's Odyssy/JTAC project in some time. A longer entry is planned for the near future. But this WISH-TV story, dated Oct. 13th, deserves attention. A few quotes from the story,...
Posted in The Indiana Law Blog on October 13, 2009 07:49 PM
Law - "Top Judge Calls Calif. Government ‘Dysfunctional’ "
And I think most would agree. Jennifer Steinhauer's story in the NY Times begins:LOS ANGELES — In a rare public rebuke of state government and polices delivered by a sitting judge, the chief justice of the California Supreme Court scathingly...
Posted in The Indiana Law Blog on October 11, 2009 12:05 PM
Ind. Gov't. - More on: $40 million spent since passage of 2007 law meant as a bridge to help retired legislators and state employees until they qualify for Medicare
This ILB entry from May 31st gives essential background to today's story in the Fort Wayne Journal Gazette, reported by Niki Kelly. The May 31st story said "The average cost per participant has been about $26,000 -- or about $40...
Posted in The Indiana Law Blog on September 27, 2009 04:39 PM
Ind. Law - Should courts determine what legislators intended in passing a law they apparently didn’t understand?
An editorial today in the Fort Wayne Journal Gazette begins:In weighing evidence, judges often are called upon to determine legislative intent. Some lawmakers are suggesting that county assessors should do that and more – determine what legislators intended in passing...
Posted in The Indiana Law Blog on August 6, 2009 01:45 PM
Ind. Gov't. - "Victims still waiting for help Thousands of claims for aid from state sit unpaid" [Updated]
That is the headline to this lengthy, front-page story today in the Indianapolis Star, reported by Tim Evans, Mark Alesia and Heather Gillers. Some quotes:When Hoosiers are the innocent victims of violent crime, the state has a fund to help...
Posted in The Indiana Law Blog on July 19, 2009 11:43 AM
Ind. Courts - "Delays hurt plan to link state courts: Millions spent, progress scant, and legislators growing weary"
Niki Kelly of the Fort Wayne Journal Gazette had a great story yesterday that I nearly missed. Some quotes:INDIANAPOLIS – A now 7-year-old statewide court computer project with no firm timeline for completion or budget is starting to get the...
Posted in The Indiana Law Blog on July 14, 2009 04:28 PM
Ind. Decisions - Court of Appeals issues 5 today (and 11 NFP)
For publication opinions today (5): In Cynthia Jones, et al v. Pillow Express Delivery, Inc., a 7-page opinion, Judge Robb writes:Cynthia Jones appeals the decision of the full Worker's Compensation Board (the “Board”) affirming the decision of a hearing member,...
Posted in The Indiana Law Blog on July 9, 2009 01:29 PM
Ind. Gov't. - More on "State puts IBM on notice over welfare deal"
Updating this ILB entry from yesterday, Will higgins' report today in the Indianapolis Star has this startling information:In January 2007, before the IBM system was rolled out, the portion of food-stamp cases that were mishandled was 4.38 percent. By January...
Posted in The Indiana Law Blog on July 8, 2009 08:13 AM
Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)
For publication opinions today (1): Eric Dowdell v. City of Jeffersonville , a 27-page, 2-1 opinion, Chief Judge Baker writes:At issue herein is an ordinance that prohibits convicted sex offenders from entering public parks in Jeffersonville. Though offenders may seek...
Posted in The Indiana Law Blog on June 9, 2009 01:12 PM
Ind. Gov't. - $40 million spent since passage of 2007 law meant as a bridge to help retired legislators and state employees until they qualify for Medicare
The Indianapolis Star's Behind Closed Doors today has an eye-opening story on the costs of 2007's SEA 501:A state health insurance plan meant as a bridge to help retired legislators and state employees until they qualify for Medicare may be...
Posted in The Indiana Law Blog on May 31, 2009 09:04 AM
Ind. Law - Still more on "Lawmaker adding 'doomsday' to budget planning: Checks if state may tap reserve to stop shutdown"
This morning's Indianapolis Star has a front-page story headed "What if lawmakers miss budget deadline? Government shutdown could affect funding for schools and much more," reported by Mary Beth Schneider. Some quotes from the latter half of the lengthy story:Groups...
Posted in The Indiana Law Blog on May 25, 2009 09:45 AM
Ind. Law - More on "Lawmaker adding 'doomsday' to budget planning: Checks if state may tap reserve to stop shutdown"
Updating this ILB entry from May 18th, quoting a story from the Evansville C&P, two more papers chime in today. Mike Smith of the AP reports in the South Bend Tribune:The two words frame the biggest question of the special...
Posted in The Indiana Law Blog on May 24, 2009 05:49 PM
Ind. Gov't. - Police charge too much for incident reports; ILB asks what about crash reports?
Matt Thacker has this story in the Floyd/Clark County News & Tribune:Several local police departments charge more for incident reports than allowed under Indiana statute, according to state officials. The Jeffersonville and Clarksville police departments charge $5 for a copy...
Posted in The Indiana Law Blog on May 24, 2009 10:10 AM
Ind. Law - "Farm interests oppose Indiana's puppy mill bill"
Bill Ruthhart has this story Thursday in the Indianapolis Star, headlined "Farm interests oppose Indiana's puppy mill bill." Some quotes:Indiana Department of Agriculture officials have been working behind the scenes to defeat legislation that would crack down on abusive dog...
Posted in The Indiana Law Blog on April 25, 2009 01:20 PM
Ind. Gov't. - "Township jobs: all in the family"
Updating this ILB entry from Feb. 24th, quoting from the Indianapolis Star investigative series on township government, today's story by Tim Evans, Mark Alesia, Heather Gillers and Mark Nichols is subheaded: "In 617 townships examined, 2 out of 3 trustees...
Posted in The Indiana Law Blog on March 1, 2009 07:11 AM
Ind. Law - More on "Bill allows DNA from felony arrestees"
Updating this ILB entry from Feb. 1st, the State of Washington is concerning a similar bill. Here is a report from the Wed. issue of the Seattle Times, headed "Controversial measure would require DNA sampling at arrest," reported by Jennifer...
Posted in The Indiana Law Blog on February 5, 2009 04:37 PM
Ind. Decisions - Court of Appeals issues 9 today (and 11 NFP)
For publication opinions today (9): Thomas P. Harris v. Richard Denning and Susan K. Carpenter - "Thomas P. Harris appeals the grant of summary judgment in favor of Richard Denning and Susan K. Carpenter on Harris’s complaint alleging deceit, collusion,...
Posted in The Indiana Law Blog on January 29, 2009 10:59 AM
Law - "Public office ban proposed for city workers"
Brendan O'Shaughnessy of the Indianapolis Star reports today on House Bill 1373. Some quotes:Hoping to eliminate potential conflicts of interest, a lawmaker is pushing a bill this year that would bar local government workers from running for elected office where...
Posted in The Indiana Law Blog on January 25, 2009 09:23 AM
Ind. Decisions - Court of Appeals issues 4 today (and 2 NFP)
For publication opinions today (4): In Donald J. Lindsey and Jacquelyn Lindsey v. Johannes DeGroot, et al, a 22-page opinion in a case challenging Indiana's Right to Farm Act, Judge Bradford writes:Appellants-Plaintiffs Donald J. Lindsey and Jacquelyn Lindsey (collectively, “the...
Posted in The Indiana Law Blog on January 12, 2009 12:49 PM
Ind. Decisions - More on "Court upholds “God” license plate judgment"
Updating this ILB entry from yesterday, Patrick Guinane of the NWI Times reports today:Hoosier drivers don't have to pay extra to sport In God We Trust license plates, the Indiana Court of Appeals ruled Monday. In a unanimous decision, the...
Posted in The Indiana Law Blog on November 18, 2008 07:49 AM
Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP); including "In God We Trust" plates challenge
For publication opinions today (1): In Janice and Burdette Ramer v. Betty Smith , a 12-page opinion, Judge Robb writes: Janice and Burdette Ramer appeal the trial court’s special findings of fact and conclusions of law granting interlocutory judgment in...
Posted in The Indiana Law Blog on November 17, 2008 12:27 PM
Courts - More on: Astonishing stories of collusion between Pennsylvania's legislature and its Supreme Court
The ILB had lost track of this federal lawsuit involving Common Cause and the Pennsylvania Supreme Court, first mentioned in a Feb. 7, 2006 ILB entry. There have been other suits before Pennsylvania state courts re the now notorious "midnight...
Posted in The Indiana Law Blog on October 16, 2008 08:36 AM
Ind. Courts - Commission on Courts discussion of judicial mandates
In this ILB entry from August 29th, I wrote that I had attended the August 28th meeting of the Commission on Courts and that shortly I would be reporting on the discussion of judicial mandates that at taken place...
Posted in The Indiana Law Blog on September 5, 2008 10:45 AM
Ind. Gov't. - "Indiana taxpayers contribute millions to lawmakers' generous pension plan"
Legislators passed a law in 2004 to make confidential the amount of their contributions, and the state's contributions, to their pension plans. Here are some ILB entries from that time:Indiana Law - More on PERF Privacy and the Star's editorial...
Posted in The Indiana Law Blog on August 15, 2008 10:26 AM
Courts - "Ky. court fees spike sharply under new deal"
Jason Riley of the Louisville Courier Journal has a story today on the increased court costs in Kentucky. Some quotes:Looking to get a court case expunged in Kentucky? The court fee just shot up to $100 from $25. And you...
Posted in The Indiana Law Blog on August 3, 2008 08:11 AM
Courts - "N.Y. Governor, Legislature Ordered to Raise Pay of State's Judges"
The subheading to this story by Daniel Wise of the New York Law Journal is: "Attorney calls ruling 'precedent setting' because it is 'the first time the linking of judicial pay to that of legislators has been found unconstitutional'". See...
Posted in The Indiana Law Blog on June 12, 2008 09:51 AM
Law - "Technical glitch" necessitates farm bill do-over
This ILB entry is not about the pros or cons of the farm bill, but about how a technical glitch can impact an enrolled bill, and is aimed at pulling this information together for legislative process wonks. (It also serves...
Posted in The Indiana Law Blog on May 26, 2008 12:24 PM
Courts - New York judges may sue for raises
Joel Stashenko of the New York Law Journal reports today:As the New York Legislature prepared to begin passing the 10th consecutive budget that does not contain a pay raise for judges, Chief Judge Judith S. Kaye's attorney on Monday outlined...
Posted in The Indiana Law Blog on April 2, 2008 09:57 AM
Ind. Decisions - Court of Appeals issued 6 opinions on 1/22/08 (and 9 NFP)
The COA opinions from Tuesday, Jan. 22, 2008 are now available. For publication opinions 1/22/08 (6): In City of Charlestown Advisory Planning Commission v. KBJ, LLC , an 11-page opinion, Judge Barnes writes:The Planning Commission is estopped from asserting that...
Posted in The Indiana Law Blog on January 23, 2008 07:19 PM
Courts - Nevada high court defies lawmakers on salaries
ILB readers may recall Indiana stories of disputes between county courts and county commissioners over who sets the salary of the court's staff. Sometimes these disputes have resulted in judicial mandates that end up before the Indiana Supreme Court. In...
Posted in The Indiana Law Blog on January 13, 2008 12:53 PM
Environment - An update on outdoor wood-fired boilers
The ILB's first entry on wood-fired boilers was nearly two years ago. (Here is a list of all entries.) IDEM had posted a notice in the Indiana Register asking for written comments on whether a new rule should be developed...
Posted in The Indiana Law Blog on November 24, 2007 05:17 PM
Ind. Decisions -- "Court rules Carmel can annex Home Place"
Reporting on yesterday's Court of Appeals opinion in the case of City of Carmel, IN. v. Certain Home Place Annexation Territory Landowners (see ILB summary here), Francesca Jarosz reports today in the Indianapolis Star:The Indiana Court of Appeals sided Wednesday...
Posted in The Indiana Law Blog on October 18, 2007 06:47 AM
Ind. Decisions - Court of Appeals issues 4 today (and 7 NFP)
For publication opinions today (4): In City of Carmel, IN. v. Certain Home Place Annexation Territory Landowners , a 16-page opinion, Judge Vaidik writes:In this case, Certain Home Place Annexation Territory Landowners (“the Remonstrators”) successfully challenged an annexation attempt by...
Posted in The Indiana Law Blog on October 17, 2007 12:06 PM
Ind. Decisions - More on: Supreme Court issues two anticipated mandate decisions today
Updating this ILB entry from yesterday (or simply scroll down one), Ben Zion Hershberg of the Louisville Courier Journal writes on yesterday's Supreme Court decision in Clark County Council and Clark County Auditor v. Daniel F. Donahue, Cecile A. Blau,...
Posted in The Indiana Law Blog on September 27, 2007 08:15 AM
Ind. Law - Another case of intent of legislator foiled by the law itself
This July 10th ILB entry noted how, to quote the Evansville Courier & Press: "Two state lawmakers who helped pass Indiana's new truck seat belt law were surprised to learn a loophole they tried to close still may be open."...
Posted in The Indiana Law Blog on July 17, 2007 08:10 AM
Ind. Law - "Woman didn't know rental house was murder scene" [Updated]
Dione Waugh of the Fort Wayne Journal Gazette has a story today about the new tenants of a house that had been the scene of multiple murders. Some quotes: Earneshia Mitchell first thought the long, one-story house with blue siding...
Posted in The Indiana Law Blog on July 2, 2007 03:34 PM
Ind. Law - Many new laws go into effect Sunday, July 1; What of the minimum wage law changes?
The AP's Mike Smith writes today about new laws, including the cigarette tax increase and more stringent seat belt rules taking effect the first of July. The story lists a number of other new laws, including:Renters tired of landlords letting...
Posted in The Indiana Law Blog on June 26, 2007 09:00 AM
Ind. Gov't. - More on "New research fee upsets Indiana motorcyclists"; some thoughts
Updating this ILB entry from June 21st, Lesley Stedman Weidenbener of the Louisville Courier Journal has titled her column today "Motorcycle fee increase has more than one backpedaling." Some quotes about the increase in motorcyclist's registration fees, which increased from...
Posted in The Indiana Law Blog on June 24, 2007 09:15 AM
Ind. Courts - Linking of judges' pay to that of legislators decried at both federal and state levels
On May 10th, the ILB had an entry titled "Linking judicial and legislative pay has led to a 25% decline in federal judges' salaries." Some quotes from that entry:This year the General Assembly passed a bill linking legislative salaries to...
Posted in The Indiana Law Blog on June 7, 2007 04:21 PM
Ind. Gov't. - More on: "But by resigning before July 31, Smith also qualifies for lifetime, state-subsidized health insurance"
Updating this ILB entry from earlier this morning, see also: this entry this morning from Mitch Harper's blog, Fort Wayne Observed and This entry this morning from Gary Welsh of the blog Advance Indiana. See also this March 4th ILB...
Posted in The Indiana Law Blog on June 5, 2007 10:23 AM
Ind. Courts - Linking judicial and legislative pay has led to a 25% decline in federal judges' salaries
This year the General Assembly passed a bill linking legislative salaries to those of Indiana judges. Chief Justice Shepard and Justice Boehm wrote an opinion piece published in several Indiana papers last month in favor of the pay bill. The...
Posted in The Indiana Law Blog on May 10, 2007 05:00 PM
Courts - An update on Pennsylvania Supreme Court judicial selection and retention
Pensylvania's judicial selection process differs from Indiana's. In Pennsylvania, all judges initially are elected on a partisan ballot, and thereafter are up for retention every 10 years on a non-partisan retention ballot. In Indiana our appellate judges and justices are...
Posted in The Indiana Law Blog on May 9, 2007 07:31 AM
Ind. Law - Budget passes, General Assembly adjourns
The papers are reporting that the budget (HB 1001, CCR v. 2) did pass last evening, before the General Assembly adjourned for the year. The bill continues to include the new legislative "bonuses" for various members of the Senate discussed...
Posted in The Indiana Law Blog on April 30, 2007 06:18 AM
Ind. Law - "Budget threatened by new legislative pay provision" [Updated]
Apparently not satisfied with their new pay raise, legislators are adding pay "bonuses" for themselves in the budget bill, according to a story just posted a few minutes ago by Mary Beth Schneider and Karen Eschbacher of the Indianapolis Star....
Posted in The Indiana Law Blog on April 29, 2007 01:59 PM
Ind. Gov't. - Governor announces he will sign legislative pay raise
No surprises here. Mary Beth Schneider of the Indianapolis Star is reporting this afternoon:Gov. Mitch Daniels said today he will sign a bill that gives lawmakers -- as well as the governor and other state officials -- a pay raise....
Posted in The Indiana Law Blog on April 24, 2007 05:24 PM
Ind. Law - "Indiana lawmakers send wagebill to governor, but there's catch"
Bryan Corbin's story today in the Evansville Courier & Press is headed "Indiana lawmakers send wagebill to governor, but there's catch." Some quotes:INDIANAPOLIS A bill that would increase Indiana's minimum wage to $7.25 an hour if Congress raises the federal...
Posted in The Indiana Law Blog on April 18, 2007 09:21 AM
Ind. Law - "Indiana Week in Review" and the legislative pay raise bill
This week the pundits of Indiana Week in Review opined on the legislative pay raise bill, SB 401. The ILB has labeled this effort as a "non-transparent and convoluted pay raise bill ." Here is a list of some earlier...
Posted in The Indiana Law Blog on April 15, 2007 09:33 AM
Ind. Gov't. - "They deserve a raise, even if it's not perfect"
An editorial in the Indianapolis Star today is headlined "They deserve a raise, even if it's not perfect" The article begins by stating the General Assembly deserves a raise, and concludes:Lawmakers' base pay would increase in 2009 to $20,700 a...
Posted in The Indiana Law Blog on April 12, 2007 02:10 PM
Ind. Law - General Assembly passes pay raise for themselves, other state officials
Lesley Stedman Weidenbener reports today in the Louisville Courier Journal:State legislators will receive higher salaries but less generous benefits under a bipartisan bill the House sent to Gov. Mitch Daniels yesterday. Senate Bill 401 -- approved 60-39 -- also provides...
Posted in The Indiana Law Blog on April 11, 2007 08:07 AM
Ind. Law - Indiana Supreme Court Chief Justice Shepard and Justice Boehm support legislative pay bill
The Fort Wayne Journal Gazette today publishes an opinion piece by "Randall T. Shepard and Theodore R. Boehm [, who] are, respectively, the Chief Justice and a Justice of the Indiana Supreme Court," headlined "It’s high time to look at...
Posted in The Indiana Law Blog on April 10, 2007 08:45 AM
Ind. Gov't. - Still more on: Senate passes a non-transparent and convoluted pay raise bill
The ILB has posted several entries this year and the end of last year on SB 401, the legislative pay raise. The bill is on 2nd Reading today in the House. Several interesting 2nd reading amendments are pending. This one...
Posted in The Indiana Law Blog on April 9, 2007 05:05 PM
Ind. Law - Liquor wholesalers launch attack on IU Law professor
Lesley Stedman Weidenbener of the Louisville Courier Journal has a story today headlined "IU reviews professor's outside legal work: Some have criticized role in winery lawsuits." Some quotes from the story:Indiana University has opened an internal investigation to determine if...
Posted in The Indiana Law Blog on April 4, 2007 08:40 AM
Ind. Gov't. - More on: Senate passes a non-transparent and convoluted pay raise bill [Updated]
The House Rules Committee is currently (6:45 pm) discussing SB 401, about which the ILB posted a lengthy entry on March 4th. At 6:46 pm the bill was passed out of committee, 9-0. [Updated 3/4/07] Niki Kelly of the Fort...
Posted in The Indiana Law Blog on April 3, 2007 06:39 PM
Law - More on: Does Avowal of Fatherhood Impose an 'Equitable Paternity'
Last month the ILB had an entry on this issue, noting that there had cases in New York and Illinois where a "father" who has been paying child support later learns he is not the biological father, and now Kentucky...
Posted in The Indiana Law Blog on March 18, 2007 12:34 PM
Ind. Law - Fighting foreclosures and mortgage fraud [Updated]
Today's Fort Wayne Journal Gazette has an editorial titled "Fighting foreclosures." Some quotes:Two bills advancing in the Indiana General Assembly would take common-sense steps to attack Indiana’s staggering problem of mortgage foreclosures. The House voted 96-2 to require builders to...
Posted in The Indiana Law Blog on March 7, 2007 09:10 AM
Ind. Gov't. - Senate passes a non-transparent and convoluted pay raise bill
A few years back the General Assembly enacted a non-transparent and convoluted series of bills that gave members, their families and spouses heavily-subsidized health insurance for life; provided that the state would contribute to legislative pensions at the rate of...
Posted in The Indiana Law Blog on March 4, 2007 05:57 PM
Ind. Courts: More on "Montgomery County judges issue mandate for staff raises" [Updated]
The Paper of Montgomery County's web site has a new report by Barry Lewis on the status of its judicial mandate case:The judges salary mandate case between the three judges and the Montgomery County Council is within two weeks of...
Posted in The Indiana Law Blog on February 10, 2007 12:42 PM
Ind. Gov't. - "Pay raise is risky business for lawmakers"
Mary Beth Schneider of the Indianapolis Star has a comprehensive story today on legislative pay and benefits. For background, see this ILB entry from 11/26/06 and this one from 11/28/06. The latter entry includes a chart from the National Conference...
Posted in The Indiana Law Blog on February 4, 2007 11:02 AM
Ind. Gov't. - More on: Governor's Illiana and Commerce Connector proposals under fire
Theodore Kim of the Indianapolis Star reported this afternoon on this morning's Senate Commitee meeting on SB 1 (see this morning's ILB entry here):A key Senate committee is expected to vote next week on legislation, SB 1, that would allow...
Posted in The Indiana Law Blog on January 23, 2007 05:02 PM
Law - More on: Wisconsin Judge won't throw out suit over release of bill drafts
On May 3d, the ILB posted a brief entry about a public records case in the State of Wisconsin where: "A judge has refused to throw out the attorney general's lawsuit aimed at classifying bill drafts as public records once...
Posted in The Indiana Law Blog on January 2, 2007 07:02 PM
Ind. Gov't. - More on: Could this be a coincidence?
Sunday morning the ILB posted an entry commenting that three different papers had items that day introducing the topic of raising the salaries of members of the Indiana General Assembly. That seemed odd, following directly on the heels of numerous...
Posted in The Indiana Law Blog on November 28, 2006 06:37 PM
Ind. Gov't. - Could this be a coincidence?
Could this be a coincidence? So far I've read three stories today, from different parts of the state, all making a point that Indiana legislators are poorly paid. From the Lafayette Journal and Courier, a story comparing the salary of...
Posted in The Indiana Law Blog on November 26, 2006 08:07 AM
Courts - News of other states' Supreme and Appeals Court judges
These is a lot of news today about appellate judges in other states. Pennsylvania. Pennsylvania Supreme Court Justice Sandra Schultz Newman, who ILB readers may recall was barely retained in 2005 and she and another justice were up for retention,...
Posted in The Indiana Law Blog on November 18, 2006 12:12 PM
Courts - Pennsylvania decides midnight payraise suits
From the Dec. 28, 2005 ILB:Here is the background: The Pennsylvania judicial retention vote in November turned on a "midnight pay raise" passed by the Pennsylvania legislature that included raises for the judges. The result was one Supreme Court justice...
Posted in The Indiana Law Blog on September 14, 2006 03:46 PM
Ind. Decisions - 7th Circuit to hear oral arguments in legislative prayer case Thursday [Updated]
Mary Beth Schneider of the Indianapolis Star reports, in a story just posted headed "Lawmakers seek donations for prayer appeal," that:The Indiana House of Representatives will soon start raising money to help pay for the cost of appealing a federal...
Posted in The Indiana Law Blog on September 5, 2006 03:18 PM
Ind. Decisions - More on: "Appeals court says petitioning process unconstitutional"
"Remonstrances are open to all, court rules: Petitions on bond issues shouldn't be limited to property owners, judge finds." That is the headline to this story today by Richard D. Walton of the Indianapolis Star. The subject is yesterday's Court...
Posted in The Indiana Law Blog on August 25, 2006 08:54 AM
Ind. Gov't. - "Political players helped pave way for Major Moves"
Patrick Guinane of the Munster (NW Indiana) Times has two stories today on Major Moves and the law firms involved. The first is headed "Political players helped pave way for Major Moves." Some quotes:INDIANAPOLIS | Four firms that received $1.6...
Posted in The Indiana Law Blog on August 20, 2006 09:28 AM
Ind. Decisions - Followup on toll road rulimg
From the Fort Wayne Journal Gazette editorial today:Indiana and Texas – traveling at dramatically different rates of speed on toll-road privatization – chose different routes this week. Which state made the better choice might not be known for many years,...
Posted in The Indiana Law Blog on June 24, 2006 06:41 AM
Law - "Hiring Scandals Shine Light on Some States"
"Hiring Scandals Shine Light on Some States" is the headline to an AP story in the Washington Post today. The ILB has had many entries on the Illinois (both Chicago and state) and Kentucky scandals. Here are some quotes:CHICAGO --...
Posted in The Indiana Law Blog on June 21, 2006 05:46 PM
Ind. Decisions - Papers report today on yesterday's Supreme Court toll road ruling
Lesley Stedman Weidenbener reports in the Louisville Courier Journal:In a 4-0 decision, the Indiana Supreme Court said the Citizens Action Coalition and seven individuals trying to stop the lease would have to post a $1.9 billion bond to proceed with...
Posted in The Indiana Law Blog on June 21, 2006 06:55 AM
Ind. Decisions - Press reports on toll road decision
Tom Coyne of the AP reports at 10:46 a.m.:The Indiana Supreme Court on Tuesday ruled that a group suing to stop the state from leasing the Indiana Toll Road to foreign investors must post a $1.9 billion bond to proceed....
Posted in The Indiana Law Blog on June 20, 2006 10:57 AM
Ind. Decisions - More on: Supreme Court affirms, 4-0, the trial court in toll road case
In today's 19-page opinion in Bonney v. IFA, written by Justice Boehm, the Court concludes that "the General Assembly intended the [public lawsuit] statute to apply to lawsuits such as this. We also conclude that no substantial issue is raised...
Posted in The Indiana Law Blog on June 20, 2006 10:23 AM
Ind. Decisions - More on: Coverage of the oral arguments in the toll road case
Niki Kelly of the Fort Wayne Journal Gazette has good coverage today of the oral arguments yesterday in the toll road case. Some quotes:One of the more interesting legal tangents that arose Tuesday was whether the General Assembly’s decision to...
Posted in The Indiana Law Blog on June 14, 2006 07:17 AM
Law - Pennslyvania legislative expenses; Indiana Daily Insight blogger quoted
The Pittsburgh Tribune-Review has a long story today on Pennsylvania's election law and campaign expenses. Some quotes:Pennsylvania's election law is so broad it allows legislators to spend money on just about anything, a study by the Pittsburgh Tribune-Review found. *...
Posted in The Indiana Law Blog on June 4, 2006 06:05 PM
Ind. Gov't. - More on: Senate democrats reject retirement benefits
Supplementing the ILB entry from yesterday are these stories: Lesley Stedman Weidenbener of the Louisville Courier Journal writes that:INDIANAPOLIS — Indiana Senate Democrats said yesterday they support a further reduction of health benefits for future legislative retirees and won't individually...
Posted in The Indiana Law Blog on June 1, 2006 08:24 AM
Ind. Gov't. - More on: House Republicans vow to end health care perk, permanently
Niki Kelly of the Fort Wayne Journal Gazette has a story today headed "Political foes vow to scrap job perk: Would eliminate their subsidized health plan." She writes:INDIANAPOLIS – Republican incumbents and challengers seeking to retain control of the Indiana...
Posted in The Indiana Law Blog on May 24, 2006 06:49 AM
Courts - Take note: Voter backlash continues in Pennsylvania
The backlash over the midnight pay raise in Pennsylvania, which in November led the voters to throw out a Supreme Court justice, apparently continues. The Pennsylvania primary was yesterday. NPR reports:A huge pay raise pushed through by legislative leaders last...
Posted in The Indiana Law Blog on May 17, 2006 04:39 PM
Ind. Gov't. - Yet more on: State FSSA exec goes from public to private at twice the price
As noted at the end of this ILB entry from May 4th: "The ILB is attempting to obtain from the Ethics Commission copies of its informal opinion on the contract." I can now report that the FSSA faxed over copies...
Posted in The Indiana Law Blog on May 7, 2006 03:03 PM
Courts - Allegations in yet a third state of collusion between Justices and Legislators
The Minneapolis Star-Tribune reports today:For what may be the first time in its 40-year history, the state Board on Judicial Standards has opened investigative files on all seven Minnesota Supreme Court justices, the result of a complaint that alleges that...
Posted in The Indiana Law Blog on April 29, 2006 03:08 PM
Courts - More on judges retention vote in Pennsylvania - pay raise question goes to Supreme Court
From the Dec. 28, 2005 ILB:Here is the background: The Pennsylvania judicial retention vote in November turned on a "midnight pay raise" passed by the Pennsylvania legislature that included raises for the judges. The result was one Supreme Court justice...
Posted in The Indiana Law Blog on April 5, 2006 03:30 PM
Ind. Gov't. - Serial meeting bill in danger again
As last reported in this Feb. 2nd ILB entry, Senator Bev Gard's bill last year to ban serial meetings received much editorial praise. But it failed. This year's effort, SB 89, has passed the Senate, 48-2, but has not yet...
Posted in The Indiana Law Blog on February 18, 2006 12:20 PM
Courts - Astonishing stories of collusion between Pennsylvania's legislature and its Supreme Court; More
How Appealing today has links to articles from Pennsylvania papers on a suit filed yesterday alleging "that legislative leaders gave state money to the court system to ensure favorable rulings in two cases before the state Supreme Court." The quote...
Posted in The Indiana Law Blog on February 7, 2006 09:29 AM
Ind. Decisions - Court of Appeals decides five today; some commentary
Carl L. Banks v. State of Indiana - sentencing, affirmed. In Charles Powell v. State of Indiana, Judge Sullivan writes:Appellant, Charles Powell, brings this interlocutory appeal challenging the trial court’s denial of his motion to suppress. Upon appeal, Powell presents...
Posted in The Indiana Law Blog on February 6, 2006 11:48 AM
Ind. Law - More on legislators' health care: What was the press reporting at the time? Conclusions
[This is Part II of the two entries posted today. Part I, from this afternoon, may be found here, or by scrolling down this page.] I watched WFYI's Indiana Week in Review last weekend. "Lifetime Health Insurance for Lawmakers" was...
Posted in The Indiana Law Blog on January 23, 2006 05:06 PM
Ind. Law - "Kittle Blasts Legislator Health Care for Life; 'Needs to go back to Zero'"
"Kittle Blasts Legislator Health Care for Life; 'Needs to go back to Zero'" is the headline to a brief report today in Howey Political Report Online:As out-going Indiana Republican Chairman Jim Kittle Jr., was leaving his Friday press conference, he...
Posted in The Indiana Law Blog on January 16, 2006 04:19 PM
Ind. Gov't. - Latest on: Secrets of health care pact for legislators and staff may be revealed; plus recap/index to earlier entries
"Bright takes issue with health insurance plan for legislators" is the headline to this story posted Monday afternoon on The Madison Courier website. Some quotes:State Rep. Billy Bright is publicly questioning a 2001 law that gives many legislators nearly free...
Posted in The Indiana Law Blog on January 10, 2006 09:10 PM
Ind. Law - State-wide telecommunications deregulation the focus of many stories today
"Telecom rules under scrutiny: Renewed effort to change regulation adds cable to mix" is the headline to a story in the Indianapolis Star Business section by Michele McNeil and J.K. Wall. Some quotes:How much Hoosiers pay for local phone service,...
Posted in The Indiana Law Blog on January 5, 2006 07:40 AM
Courts - More on judges retention vote in Pennsylvania - pay raise question to go to Supreme Court
Here is the background: The Pennsylvania judicial retention vote in November turned on a "midnight pay raise" passed by the Pennsylvania legislature that included raises for the judges. The result was one Supreme Court justice being turned out of office...
Posted in The Indiana Law Blog on December 28, 2005 03:39 PM
Ind. Decision - Court of Appeals posts five, including one on whether a town may alter the terms of a statute by contract
In Ronald Taylor v. The Town of New Chicago the Town Council and the Board of Metropolitan Police Commissioners approved an employment contract for Taylor as chief of police that prohibited his removal without “good cause.” Among the terms of...
Posted in The Indiana Law Blog on December 19, 2005 11:25 AM
Courts - More on retention vote for Pennsylvania justices becomes a battleground
Recall this ILB entry from Saturday labeled "Retention vote for Pennsylvania justices becomes a battleground." It reported that many were calling for "no retention" votes for State Supreme Court Justices Russell Nigro and Sandra Newman, because of what was deemed...
Posted in The Indiana Law Blog on November 9, 2005 04:37 PM
Courts - Retention vote for Pennsylvania justices becomes a battleground
Two Pennsylvania Supreme Court justices are up for retention next week and there are many newspaper stories arguing that they should not be retained. Why? Because, it is claimed, they have not abided by the "checks and balances" inherent in...
Posted in The Indiana Law Blog on November 5, 2005 11:50 AM
Ind. Gov't. - Property tax hike coming
"Property tax hike coming: State budget changes, rising costs create ‘perfect storm’ for increases" is the headline to an AP story today by Mike Smith, published today in the Fort Wayne Journal Gazette and several other state papers. (Part 1...
Posted in The Indiana Law Blog on October 25, 2005 05:58 AM
Ind. Law - Floyd County eminent domain suit watched [Updated]
The Louisville Courier Journal's Ben Zion Hershberg writes today, in a story headlined "Eminent domain lawsuits watched: Sewer fight in Floyd could change limits," that:A legal battle under way in Floyd County could set new limits on the way privately...
Posted in The Indiana Law Blog on September 11, 2005 07:25 AM
Ind. Law - Reports of yesterday's hearing on eminent domain
The legislaive Interim Study Committee on Eminent Domain met yesterday for the first time. Lesley Stedman Weidenbener reports in the Louisville Courier Journal. Some quotes:Mishawaka Mayor Jeff Rea said his community was able to purchase 60 properties to build a...
Posted in The Indiana Law Blog on August 11, 2005 07:43 AM
Ind. Gov. - Daniels is cleared on his use of RV1
"Daniels is cleared on his use of RV1" is the headline to this story today in the Evansville Courier& Press by Jimmy Nesbitt. Some quotes:ndiana Gov. Mitch Daniels did nothing wrong when he used RV1 to travel to a political...
Posted in The Indiana Law Blog on August 2, 2005 07:20 AM
Ind. Gov't. - Governor defends gifts, ad group campaign
"Governor defends gifts: Daniels answers critics who ask if he's broken his own rules by accepting RV, trip" is the headline to a story today in the Indianapolis Star by Mary Beth Schneider. Some quotes:Gov. Mitch Daniels said Friday there's...
Posted in The Indiana Law Blog on April 23, 2005 08:24 AM
Ind. Law - More on other states' problems with constitutional spending limits
Thursday I posted an entry on the case before the Kentucky Supreme Court about whether the Governor of Kentucky can draw money from the treasury without a legislative appropriation. Here is an opinion piece from today's Louisville Courier Journal titled,...
Posted in The Indiana Law Blog on March 13, 2005 10:25 AM
Ind. Law - Dems' threat of boycott, legislation deadline loom
"Dems' threat of boycott, legislation deadline loom: Key state bills could die without a vote by today." That is the headline to this story today in the Indianapolis Star , reported by Michele McNeil. Yesterday was the last day for...
Posted in The Indiana Law Blog on March 1, 2005 07:53 AM
Ind. Gov't. - Lobbying draws scrutiny, new approach is to form not-for-profit and hire legislator
Michele McNeil has a story in today's Indianapolis Star headlined: "Lobbying draws scrutiny: Charities are being used to gain access, donate to lawmakers, watchdog groups say." Some quotes:A gambling company that would gain millions if the legislature legalizes slot machines...
Posted in The Indiana Law Blog on February 28, 2005 08:41 AM
Ind. Decisions - Court of Appeals posts six today, Tax Court posts one
Tack's Steel Corporation v. ARC Construction Company, Inc. (2/2/05 IndCtApp) [Contracts] Bailey, Judge * * * Conclusion. ARC is not entitled to summary judgment based on its assertion that comparative fault issues have been resolved in an Agreed Entry to...
Posted in The Indiana Law Blog on February 2, 2005 02:33 PM
Ind. Courts - Uncoupling judges' pay raises from legislators'
The Fort Wayne Journal Gazette has an editorial today on judges' pay. Some quotes:The best section of a Senate bill on judicial salaries uncouples judges’ pay raises from legislators’. This has been a long time coming. The portion of the...
Posted in The Indiana Law Blog on January 31, 2005 09:07 AM
Ind. Decisions - Court of Appeals issues three today
John Johnston, et al v. First Federal Savings Bank (1/28/05 IndCtApp) [Attorney's Lien] Vaidik, Judge An attorney who represented a client in a dissolution action sought to have the attorney’s lien on a house purchased by the client while the...
Posted in The Indiana Law Blog on January 28, 2005 02:02 PM
Ind. Decisions - Three today from Court of Appeals
Jay K. Walters v. The Grant County Council (1/27/05 IndCtApp) [Statutory Interpretation] Friedlander, Judge Grant County Assessor Jay K. Walters appeals the trial court’s grant of summary judgment in favor of the Grant County Council, the Grant County Board of...
Posted in The Indiana Law Blog on January 27, 2005 02:12 PM
Ind. Decisions - Supreme Court issues four tax decisions today
Dept. of Local Gov't. Finance v. Commonwealth Edison Co. of Ind., Inc. (1/13/05 IndSCt) [Taxation] Sullivan, Justice An electric utility requested that State property tax authorities provide it with property tax relief with respect to certain of its property...
Posted in The Indiana Law Blog on January 13, 2005 02:31 PM
Indiana Government - General Assembly convenes today
There are a number of stories on the convening today of the "long" session of the Indiana General Assembly, plus Gov.-elect Daniels' press conference yesterday unveiling more specifics on his legislative agenda. Starting with the Louisville Courier Journal, Lesley Stedman...
Posted in The Indiana Law Blog on January 4, 2005 09:54 AM
Indiana Government - Stories today
"Interpreters' new legal requirements present another challenge in driver's license quest" is the headline to this story today by Roberta Heiman in the Evansville Courier&Press. Some quotes:On a typical Tuesday or Friday, there might be as many as eight to...
Posted in The Indiana Law Blog on December 28, 2004 10:48 AM
Indiana Decisions - Three posted today by Court of Appeals
Lola Reum v. Marcia Mercer (Nov. 29, 2004 IndCtApp) [Real Estate; Statutory Construction] Najam, Judge Lola Reum appeals the trial courts judgment in favor of Marcia Mercer on Mercers complaint alleging fraud in the sale of Reums home. Reum presents...
Posted in The Indiana Law Blog on November 29, 2004 02:22 PM
Indiana Law - Compensation of General Assembly members
The Indianapolis Star has an informative editorial today about legislative compensation, explaining that things are not precisely as they appear. The title is "Behind the curtain: legislators' compenation." It begins:John Bartlett * * *, chairman of the Public Officers Compensation...
Posted in The Indiana Law Blog on September 5, 2004 04:24 PM
Indiana Decisions - Three from Court of Appeals Today
Clinton Branham v. State of Indiana (8/23/04 IndCtApp) [Criminal Law & Procedure] Ratliff, Senior JudgeThe following issue is presented in this appeal: whether a reservation of the right to appeal a pre-trial motion to discharge survives the Defendants guilty plea....
Posted in The Indiana Law Blog on August 23, 2004 01:52 PM
Indiana Decisions - A number of Court of Appeals Opinions Today
Tammy Kaser, et al. v. Jerry Barker, et al. (7/19/04 IndCtApp) [Statutory Construction] Kirsch, Chief JudgeTammy Kaser and the Fraternal Order of Police Lodge No. 86, Inc. (collectively Kaser) appeal the trial courts entry of summary judgment in their suit...
Posted in The Indiana Law Blog on July 19, 2004 01:51 PM
Environment - Stories Today
Wetlands. "Miffed wetlands owner halts talks" is the headline to this story posted on the IndyStar site this afternoon. The lead:The owner of a large wetland area in southwestern Indiana said he was "disgusted" with a multi-million dollar offer from...
Posted in The Indiana Law Blog on July 16, 2004 02:20 PM
Indiana Law - The Putative Father Registry
The Fort Wayne Journal Gazette has a lengthy story today on Indiana's putative father registry. Some quotes:When a putative father fails to assert said rights by neglecting to register with the Putative Father Registry, the states obligation to provide a...
Posted in The Indiana Law Blog on July 11, 2004 01:37 PM
Indiana Decisions - 13 Court of Appeals Decisions Today
Kenneth Reed, et al. v. Munster Plan Commissioner & Town Council (6/29/04 IndCtApp) [Civil Procedure] Baker, Judge[The Reeds appeal the trial courts order dismissing the Reeds claims against appellees for lack of standing with regards to a zoning challenge.] Specifically,...
Posted in The Indiana Law Blog on June 29, 2004 01:57 PM
Indiana Decisions - One Supreme Court and Three Court of Appeals Opinions Posted Today
Benny Saylor v. State of Indiana (5/20/04 IndSCt) [Criminal Law & Procedure] Boehm, JusticeIn 1992, Benny Saylor was sentenced to death despite a unanimous jury recommendation to the contrary. In 2002, Indiana law was changed in an important respect by...
Posted in The Indiana Law Blog on May 21, 2004 01:56 PM
Indiana Law - California to follow Indiana's lead?
An LA Times report today starts with this headline: "Budget Seeks 75% of Awards for Damages: Governor hopes system being tried in eight other states will curb shortfall with money from lawsuits. But experts call proposal too optimistic." Some quotes:SACRAMENTO...
Posted in The Indiana Law Blog on May 15, 2004 08:24 PM
Indiana Decisions - Numerous Court of Appeals and One Tax Court Ruling(s) Posted Today
Commissioner Sally McCarty v. Vicki L. Sanders, et al. (4/7/04 IndCtApp) [Medical Malpractice; Statutory Construction] Stephen & Suzan Cox v. William E. Paul, DDS (4/7/04 IndCtApp) [Tort] In the majority opinion, Judge Mathias, with Judge concurring, rule as follows:Suzan and...
Posted in The Indiana Law Blog on April 7, 2004 03:06 PM
Indiana Law - More on PERF Privacy and the Star's editorial
The Indianapolis Star editorial last week on "PERF privacy" (see the March 11 Indiana Law Blog entry here, or simply scroll down) caused me to wonder why the push to keep PERF records confidential, other than protecting the obvious such...
Posted in The Indiana Law Blog on March 14, 2004 02:13 PM
Indiana Law - Questions raised about pension privacy measure
This editorial today in the Indianapolis Star is titled "Putting the glare on PERF 'privacy'." It begins:A little-noticed amendment to a pension bill passed during the just-concluded legislative session could cost taxpayers dearly by locking the door to public records....
Posted in The Indiana Law Blog on March 11, 2004 08:00 AM
Indiana Decisions - Decisions Posted by Both the Supreme and Appeals Court Yesterday
[Sorry for the delay -- computer problem yesterday.] Rodney J. McCormick v. State of Indiana (2/26/04 IndSCt) [Criminal Law & Procedure] Rucker, JusticeThis case presents the question of how a court should respond in the context of a Batson claim...
Posted in The Indiana Law Blog on February 27, 2004 08:19 AM