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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February 19, 2010
Jennifer NelsonThe Indiana Court of Appeals found the state proved a defendant had driven drunk, but the judges disagreed as to whether the
state showed the man had endangered others with his driving.
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February 18, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed the finding that the Indiana Department of Environmental Management breached a settlement
agreement because the trial court didn't have subject matter jurisdiction to determine whether it committed a breach.
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February 18, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed an invasion of privacy conviction today because the state didn't prove the defendant
knew he was the subject of an active protective order. The appellate court also concluded that notice of a protective order
should come from the state.
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February 17, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of an agreed petition to establish paternity and maternity of a child who
was born of a surrogate, finding equitable relief should allow the biological mother to establish she is in fact the baby's
biological mother.
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February 17, 2010
Jennifer NelsonThe Indiana Supreme Court issued an opinion today explaining its reasoning for granting a permanent writ of mandamus last
year against Clark Circuit Court.
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February 17, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed part of a dissolution decree after finding the Marion Superior Court lacked personal
jurisdiction over the husband who was in the military overseas.
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February 12, 2010
Jennifer NelsonA majority on the Indiana Court of Appeals affirmed summary judgment for a golf course, golf scramble organizers, and golfer
in a teenager's suit after she was hit with a golf ball. Today's decision also expanded language from a previous ruling
involving the duty to prevent injury to sports participants to now include sporting event volunteers.
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February 9, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals resolved an issue of first impression today: what is needed to be deemed "adequate writing"
under the Telecommunications Act of 1996.
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February 9, 2010
Jennifer NelsonAn appellate judge dissented from the majority's decision to uphold a woman's conviction of operating a car after
her driving privileges had been forfeited for life, finding that confirming her conviction would break from precedent.
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February 9, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the
jury on conversion as a lesser-included offense of theft.
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February 8, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges disagreed as to whether a company's attempt to exercise its option to repurchase
stock had occurred in a timely manner under a shareholders' agreement.
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February 4, 2010
Jennifer NelsonA class action lawsuit filed by an inmate at the Tippecanoe County Jail who has since been transferred can proceed through
the litigation process to determine if class action certification is proper, the 7th Circuit Court of Appeals concluded today.
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February 3, 2010
Michael HoskinsReaching into a person's mind to revive repressed memories is an issue that's settled law in one sense,
but what remains unsettled is how such memories are used during litigation and whether a lawsuit should be tossed or allowed
to proceed to trial.
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February 3, 2010
Jennifer NelsonThe Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the
servicing parties needed to do more to ensure the recipients actually get notice.
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February 2, 2010
Jennifer NelsonThe Indiana Court of Appeals upheld the finding that a 17-year-old is a child in need of services, ruling that evidence of
her drug test wasn't irrelevant and was properly admitted by the trial court.
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February 1, 2010
Jennifer NelsonJudges on the Indiana Court of Appeals were split on whether a boss's oral promise to a future employee regarding a severance
package would be barred from consideration by the parol evidence rule.
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January 29, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges agreed that two insurance companies are entitled to summary judgment, but the judges
disagreed as to why the insurers owed no duty to defend.
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January 28, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals upheld an injunction preventing the application of Indiana's Uniform Consumer Credit Code
to an Illinois company because it violates the commerce clause of the U.S. Constitution.
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January 28, 2010
Jennifer NelsonA LaPorte Superior judge made an impermissible modification to a divorced couple's settlement agreement by giving
the bank's lien on the family farm priority over the ex-wife's lien, the Indiana Supreme Court ruled today.
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January 28, 2010
Jennifer NelsonA defendant's belief that his right to seek exculpatory evidence trumps the attorney-client privilege is incorrect, the
Indiana Court of Appeals ruled today.
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January 27, 2010
Jennifer NelsonOn remand from the Supreme Court of the United States, the 7th Circuit Court of Appeals affirmed the District Court's conditional
grant of the petition for a writ of habeas corpus for a man facing the death penalty.
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January 27, 2010
Jennifer NelsonThe Indiana Supreme Court affirmed summary judgment for a county sued as a result of a weather-related accident, holding government
liability immunity in steps taken as a result of the weather lasts until at least the weather condition has stabilized.
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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.