ElizabethBrockett

Recent Articles

Teen who jumped from courthouse’s third floor dies

October 15, 2010
An Avon teen who jumped from the third floor of the Hendricks County Courthouse Wednesday has died.
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Pending dissolution settlement not enforceable upon a party's death

October 12, 2010
A property-settlement document is not an enforceable contract if one of the parties dies before the dissolution action is finalized, the Indiana Court of Appeals ruled today.
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Actual notice denies bona fide purchaser defense

October 12, 2010
The Indiana Court of Appeals today reversed an interlocutory order and remanded for the trial court to grant prejudgment possession of farm equipment to a company that had security interest in it even though it had been traded to another company.
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Court affirms, denies challenge to DNA evidence, new mid-trial witness

October 6, 2010
The Court of Appeals today affirmed a man’s convictions and sentence for felony robbery despite his challenge to whether the trial court properly admitted DNA evidence and allowed the testimony of a witness discovered mid-trial.
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High court tackles use-tax issue

October 5, 2010
The Supreme Court today ruled that a contribution by a parent corporation to the capital of its subsidiary is not automatically excluded from Indiana use tax.
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Supreme Court reverses parental-rights termination

October 5, 2010
The Indiana Supreme Court reversed a father’s involuntary termination of parental rights today, noting the lack of clear and convincing evidence.
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Expedited hearing to be sought after justices again deny transfer

September 30, 2010
The attorney for a man challenging the inclusion of a Lake County judicial prospect’s name on the general election ballot will seek an expedited hearing with the Indiana Court of Appeals after justices Wednesday denied a second emergency request for transfer.
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Court: team-building activity not under insured conditions

September 28, 2010
The Indiana Court of Appeals today affirmed summary judgment in favor of an insurance company, noting a soccer team’s accident while traveling to an activity outside of the trip’s purpose was not covered.
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Wrongful death statute allows for attorney fees, other costs

September 17, 2010
Compensation for attorney fees and other costs can be awarded under the Adult Wrongful Death Statute, ruled a Court of Appeals panel today.
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Facility not predominately used for charitable purposes is taxable

September 3, 2010
Despite a claim that labor unions are “inherently” charitable in nature and have historically been granted property tax exemptions, the Indiana Tax Court affirmed that one union’s banquet facility is 100 percent taxable.
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Recent Blog Posts

Judge's focus 'odd,' 'inappropriate' for Circuit's taste

September 14, 2010
Sometimes a case makes the news not because of the merits, but for some other reason. Such a case came from the 7th Circuit Court of Appeals Monday. Writing for the panel, Judge Diane P. Wood noted there was “little out of the ordinary” in Jose Figueroa’s trial and conviction.
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Historic passing

June 15, 2010

Former prosecutor Michael Cosentino and the Ford Pinto trial impacted many people, including one IL reporter. Mr. Cosentino died Monday.

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Civics, civility lessons needed

June 1, 2010
Many people need a refresher civics course and a reminder about civility.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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