Allen County

COA affirms trial court dismissal of judicial review but differs on reasoning

June 24, 2013
Jennifer Nelson
An Allen Superior judge’s determination that the court lacked jurisdiction to hear a zoning issue, thus requiring dismissal, was erroneous, the Indiana Court of Appeals ruled. But the judges affirmed the lower court’s dismissal of the case because of a lack of supporting materials and a late request for a filing deadline extension.
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Former U.S. attorney, Superior judge dies

June 6, 2013
IL Staff
Retired Judge Alfred W. Moellering of Fort Wayne died Sunday at the age of 86. He was a longtime Superior Court judge in Allen County.
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Officer pleads not guilty to new drunken-driving charges

May 1, 2013
IL Staff
David Bisard, the suspended Indianapolis Metropolitan Police Department officer who was charged Monday with misdemeanor drunken-driving charges while on bail awaiting trial for his role in a fatal accident, pleaded not guilty in Marion County to the new charges.
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Indianapolis officer faces more drunken-driving charges

April 30, 2013
IL Staff
The suspended Indianapolis Metropolitan Police Department officer accused of killing one motorcyclist and injuring two others in an August 2010 crash has been arrested and charged with two misdemeanor drunken-driving offenses.
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3 named as finalists for Allen Superior bench

April 26, 2013
IL Staff
The Allen Superior Court Judicial Nominating Commission announced Friday that Allen Superior Magistrate Judges Craig Bobay and Jennifer DeGroote, and Barrett & McNagny LLP attorney Michael Michmerhuizen have been selected as finalists for the judgeship that will be open as a result of Stephen Sims' retirement.
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Allen Superior judge applicant interviews Thursday

April 24, 2013
IL Staff
The Allen Superior Court Judicial Nominating Commission will interview eight applicants April 25 for Judge Stephen Sims’ spot on the Superior Court. Sims retires Friday.
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Follow-up support needed for mediation success

April 24, 2013
Marilyn Odendahl
The Neighborhood Christian Legal Clinic launches new three-phase program that also incorporates education.
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Justices rule in favor of sewer facility operator in condemnation action

April 11, 2013
Jennifer Nelson
A case involving a compensation award for condemnation initiated by Fort Wayne’s Board of Public Works that may appear at first blush as a “no brainer” is actually not as simple as it seems, the Indiana Supreme Court pointed out Thursday.
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8 seek Allen Superior judgeship

April 10, 2013
IL Staff
Eight attorneys have applied to fill a vacancy on the Allen Superior Court, Civil Division that will occur April 26 when Judge Stephen Sims retires.
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Spotlight: Change of venue case requires planning, preparation and packing

March 13, 2013
Marilyn Odendahl
Moving a trial from one court to another can be cumbersome and brings with it logistical matters that have to be worked out so the lawyers can focus on presenting their case. Transporting office supplies, reserving hotel rooms, securing conference rooms and learning the demographics of the community before selecting the jury are among the tasks that have to be addressed.
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Applications open for Allen Superior Civil Division judge

March 12, 2013
IL Staff
Applications are open for qualified Allen County attorneys interested in serving as a judge in Superior Court, Civil Division.
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Allen Superior magistrate resigns suddenly

February 28, 2013
IL Staff
Allen Superior Magistrate Judge Marcia Linsky resigned Tuesday without prior notice.
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IDEM's application of new antidegradation rule raising ire

February 27, 2013
Marilyn Odendahl
After more than 10 years of protracted and, at times, contentious debate, Indiana finalized protections for some of its most clean waters. But less than a year after taking effect, a short letter denying an antidegradation application has unleashed criticism that the state is not implementing the rule as intended.
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Allen Superior judge to retire in April

February 15, 2013
IL Staff
Judge Stephen M. Sims of Allen Superior Court announced Thursday he will retire April 26 after nearly 20 years on the bench.
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Indianapolis police officer’s trial moved to Allen County

February 15, 2013
IL Staff
The trial of David Bisard, the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others, will be moved from Marion County to Allen County.
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Couple had to get permit before installing septic systems

January 31, 2013
Jennifer Nelson
Rejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed summary judgment for the health department on the matter.
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Man wins appeal of case against Indiana Parole Board

January 23, 2013
Jennifer Nelson
Several conditions of a man’s parole following his conviction of criminal deviate conduct involving an adult – including prohibitions on spending time with his own children – were found to be overbroad or vague by the Indiana Court of Appeals Wednesday. The judges reversed the grant of partial summary judgment in favor of the Indiana Parole Board and other defendants on David Bleeke’s complaint for declaratory and injunctive relief.
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7th Circuit affirms ruling for officers on excessive force claims

December 13, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment for the defendants on excessive force claims.
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Appellate panel affirms foreclosure, cites lack of meritorious defense

November 20, 2012
Dave Stafford
An Allen County plaintiff whose home was foreclosed lost her appeal Tuesday when a panel of the Indiana Court of Appeals held that she had not demonstrated a meritorious defense.
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Court video pilot project will last through 2013

September 27, 2012
Jennifer Nelson
The pilot project announced this summer by the Indiana Supreme Court that includes using video transcripts in three trial courts as the official court record will run through Dec. 31, 2013.
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Hospital has no claim against insurer in Tennessee judgment

September 24, 2012
Dave Stafford
A Fort Wayne Hospital that treated a person injured after a Tennessee vehicle crash may not enforce a lien against a judgment of a Tennessee court that awarded damages to the motorist.
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David named to chair Allen County JNC

September 11, 2012
IL Staff
Indiana Supreme Court Justice Steven David has been appointed to chair the Allen Superior Court Judicial Nominating Commission.
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Court affirms judgment with minor recalculation in decade-long dispute

August 27, 2012
Dave Stafford
The Indiana Court of Appeals affirmed most of the $627,570 judgment in favor of a Fort Wayne restaurant operator sued by former mortgagors in a rehearing of litigation dating back more than a decade, but it ordered recalculation of a judgment based on the restaurant’s earnings.
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Allen Superior Judge John Surbeck receives national judicial award

August 15, 2012
Jennifer Nelson
Allen Superior Judge John F. Surbeck Jr. received the 2012 William H. Rehnquist Award for Judicial Excellence from the National Center for State Courts, the nonprofit organization announced Tuesday. The award is presented annually to a state court judge who exemplifies the highest level of judicial excellence, integrity, fairness, and professional ethics.
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Pilot project will introduce video transcripts in 3 courts

July 4, 2012
Dave Stafford
Three Indiana courts are weeks away from beginning an unprecedented experiment: recording proceedings with digital video that will form the official trial court record.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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