March 17, 2010
Michael HoskinsA federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages for a voting scandal a decade
ago, but in doing so he's rejected the Indiana Attorney General's most novel and far-reaching legal arguments in a landmark
civil racketeering case centered on public corruption in East Chicago.
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March 16, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because
it didn't act in good faith in providing a mortgage that was obtained by fraud.
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March 16, 2010
Jennifer NelsonDespite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney
fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
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March 15, 2010
Jennifer NelsonAlthough there isn't any Indiana caselaw detailing how the shares held by dissenting shareholders are to be appraised,
the Indiana Court of Appeals adopted the view that trial courts should consider all possible elements of the present value
of the corporation on the valuation date, including the company's possible future plans.
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March 12, 2010
Jennifer NelsonA panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent
of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged
with possession with intent to manufacture methamphetamine.
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March 11, 2010
Jennifer NelsonThe Indiana Supreme Court handed down two opinions Wednesday in which the high court expressly adopted the "prison mailbox
rule" and determined a majority of the Indiana Parole Board constitutes the full parole board when making final decisions.
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March 11, 2010
Jennifer NelsonThe defendant bears the burden of proving that he or she wasn't able to provide support at a probation revocation hearing
for failing to support dependants, the Indiana Court of Appeals held today.
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March 11, 2010
Jennifer NelsonOne Indiana Court of Appeals judge dissented from his colleagues' decision to grant a new trial based on the lack of a
jury instruction on robbery because he didn't think the defendant was prejudiced by the omission.
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March 8, 2010
Jennifer NelsonEvidence of a defendant's prior alleged domestic violence incidents against his ex-wife shouldn't have been admitted
to explain the ex-wife's animosity toward him, the Indiana Court of Appeals concluded today. However, the evidence was
admissible because it was relevant to prove the ex-husband's motive to commit the domestic violence he was charged with
in the instant case.
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March 5, 2010
Jennifer NelsonIn reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals
specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.
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March 5, 2010
Jennifer NelsonIndiana Supreme Court Chief Justice Randall T. Shepard didn't agree with his colleagues' decision that a defendant
couldn't introduce evidence to dispute the judgment of an injured plaintiff's medical providers in choosing certain
treatment.
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March 4, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges reversed the denial of a defendant's motion to suppress evidence of drugs found
in his car during a search, but one judge believed the man's cooperation and respect toward the police officer shouldn't
factor into their decision making.
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March 3, 2010
Jennifer NelsonA father's consent to voluntarily terminate his parental rights so his sister could adopt his daughter was invalidated
by misrepresentations made by a family case manager for the Department of Child Services. As such, the father's petition
to set aside the judgment should have been granted, the Indiana Court of Appeals ruled today.
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March 3, 2010
Jennifer NelsonAn offense of attempted dissemination of matter harmful to minors can be committed when a defendant attempts to transmit prohibited
matter by the Internet to an adult police detective posing as a minor, the Indiana Supreme Court ruled Tuesday.
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March 3, 2010
Michael HoskinsHoosier lawmakers are revising state law following the confusion created by an Indiana Supreme Court ruling last year, which
involves how convicted sex offenders can be removed from a statewide registry if they believe registration wasn't required
at the time of their conviction.
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March 2, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the appointment of a third-party guardian for an incompetent adult because a disinterested
person may hopefully prevent unnecessary disputes caused by mistrust between the woman's children and husband.
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March 1, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't
reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.
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February 26, 2010
Jennifer NelsonThe Brown County Commissioners had no authority to enact an ordinance to attempt to dissolve a recently created fire district,
the Indiana Court of Appeals concluded today.
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February 26, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals ruled a defendant's stop by police and subsequent search of a wheelbarrow he was pushing
- which led to convictions of burglary and theft - violated the man's Fourth Amendment rights. The Circuit Court ordered
the defendant's petition for habeas corpus be granted.
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February 25, 2010
Jennifer NelsonThe Indiana Supreme Court granted transfer Wednesday in a dispute over who bears the burden to prove "pecuniary liability"
under the Worker's Compensation Act, and adopted the Indiana Court of Appeals' opinion on the matter.
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February 25, 2010
Jennifer NelsonThe Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships
between the parties in an adoption petition.
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February 24, 2010
Jennifer NelsonBecause Indiana's conversion statute doesn't appear to have an implied-consent defense, the 7th Circuit Court of
Appeals ruled a couple's excuse for possessing another person's camping gear was irrelevant to the probable-cause
determination to arrest them.
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February 23, 2010
Jennifer NelsonIn two cases involving a statutory defense to possession or dealing of drugs within 1,000 feet of a school, the Indiana Supreme
Court defined the term "briefly" and ruled on whether the defendants were briefly near schools when they committed
their crimes.
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February 22, 2010
Jennifer NelsonA 2007 amendment allowing recorded mortgages with certain technical defects to provide constructive notice, as if the mortgages
were properly recorded and acknowledged, applies to all mortgages regardless of when they were recorded, the 7th Circuit Court
of Appeals ruled Friday.
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.