Courts

Judge, attorney credited for robust recovery for victims of securities fraud

May 1, 2015
Greg Andrews, IBJ Staff
The more than 90 investors who lost $9.7 million in a securities fraud perpetrated by Fishers hedge fund manager Keenan Hauke will recover about 33 percent of their losses - a far better outcome than is typical in cases of its kind.
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Fort Wayne attorney named new Allen Superior magistrate

May 1, 2015
IL Staff
A private practice attorney and former Indiana Department of Child Services attorney has been chosen as magistrate judge in Allen Superior Court Family Relations Division.
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COA orders judgment in favor of woman on adverse possession claim

April 30, 2015
Jennifer Nelson
Because there is evidence that both the woman who purchased land from a trust and the trustee paid taxes on a disputed 1.8 acres of land for at least 10 years, the woman’s claim for adverse possession of the land should be granted, the Indiana Court of Appeals held.
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Court OKs admission of tweets, reverses criminal gang activity conviction

April 30, 2015
Jennifer Nelson
In a case of first impression regarding the authentication of social media posts, the Indiana Court of Appeals held that the testimony from the defendant's girlfriend that the Twitter account belonged to her boyfriend, as well as content from that account, sufficiently showed the defendant was the author of its tweets.
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Man’s conviction from controlled drug buy upheld

April 30, 2015
Jennifer Nelson
An Anderson man who was criminally convicted for selling drugs to a confidential informant waived both his arguments on appeal, the Indiana Court of Appeals ruled Thursday. And, the judges found no fundamental error in a jury instruction given or the admission of cash found on the defendant by police.
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COA orders woman’s sentence revised to include credit time

April 30, 2015
Jennifer Nelson
The Indiana Court of Appeals found Thursday that a trial court incorrectly calculated the sentence a woman should serve in the Department of Correction after she had her probation revoked.
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Revised sentence modification statute not applicable in defendant’s case

April 30, 2015
Jennifer Nelson
A trial court did not err in denying a man’s petition to modify his sentence after finding that the current version of the sentencing modification statute is not applicable to his sentence, which he began serving in 1989. The Indiana Court of Appeals panel relied on a January decision by its colleagues to affirm the denial of Mitchell Swallows’ petition.
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Judicial campaign solicitation ban upheld by SCOTUS

April 30, 2015
 Bloomberg News
A divided Supreme Court of the United States ruled that states can bar judicial candidates from personally soliciting campaign contributions, leaving intact bans in 30 states.
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Lawmakers pass Marion Co. small claims reforms

April 29, 2015
Dave Stafford
The General Assembly Wednesday afternoon passed modest reforms of the nine township small claims courts in Marion County, a far cry from recommendations of multiple judicial studies to restructure the courts.
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Judge may sequester house blast jury during deliberations

April 29, 2015
 Associated Press
The judge who'll preside over one defendant's murder trial in a deadly Indianapolis house explosion says he may sequester jurors during deliberations.
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Appellate court records make switch to Odyssey May 4

April 29, 2015
IL Staff
Beginning next week, basic case information on appeals before the Indiana Supreme Court and Court of Appeals will be available to the public through the Odyssey docket. The Indiana Tax Court made the switch in December.
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Wiretap evidence properly admitted at murder trial

April 29, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld a man's conviction of murdering his stepfather, finding that the trial court did not abuse its discretion in admitting wiretap evidence in which the defendant told a friend he was involved in the killing.
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Justices affirm upward deviation from child support guidelines

April 29, 2015
Jennifer Nelson
A trial court did not commit clear error when it deviated from the Indiana Child Support Guidelines by not granting a father the full parenting time credit calculated and allowed his ex-wife to claim their child each year on her taxes, the Indiana Supreme Court ruled Tuesday. The justices also outlined the best practices to be used when a trial court conducts summary proceedings.
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Brothers’ murder convictions upheld by COA

April 29, 2015
Jennifer Nelson
Two brothers convicted in the murder of a man with whom they previously had an altercation are not entitled to a new trial based on one juror's concerns for her safety after recognizing someone sitting in the gallery, the Indiana Court of Appeals held Wednesday.
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3 brothers plead guilty to massive biofuels scam

April 29, 2015
IBJ Staff
Three brothers have pleaded guilty to participating in a biofuels scam that federal investigators are calling “one of the largest tax and securities fraud schemes in Indiana history."
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COA affirms new trial on motorcyclist’s negligence claim

April 28, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it set aside a jury verdict allocating 70 percent of fault to a motorcyclist who hit a dog that darted in front of his bike, the Indiana Court of Appeals ruled. The motorcyclist was injured in the accident and sued the dog's owners.
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Former Lilly partner set to pay $2.3B to settle Actos cases

April 28, 2015
 Bloomberg News
Takeda Pharmaceutical Co. executives have agreed to pay more than $2.3 billion to resolve lawsuits accusing the company of hiding its Actos diabetes medicine’s cancer risks, three people familiar with the accord said.
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Appeals court declines to revise battery sentence

April 28, 2015
Jennifer Nelson
Even though a trial court did not specify why it imposed consecutive sentences for a man convicted of two counts of battery - one as a Level 6 felony and the other a Class A misdemeanor - the Indiana Court of Appeals found the rationale for consecutive sentences is apparent on the face of the record.
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Mother’s failure to timely contest adoption dooms appeal

April 28, 2015
Jennifer Nelson
A woman who failed to give notice to the court within 30 days after learning her child's stepmother sought to adopt the child could not convince the Indiana Court of Appeals that her due process was denied in the matter.
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US Supreme Court hears historic same-sex marriage arguments

April 28, 2015
 Associated Press
Pivotal Supreme Court of the United States Justice Anthony Kennedy did not tip his hand Tuesday as the high court heard historic arguments over the right of gay and lesbian couples to marry.
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US Supreme Court to hear historic same-sex marriage arguments

April 28, 2015
 Associated Press
The Supreme Court of the United States  is set to hear historic arguments in cases that could make same-sex marriage the law of the land.
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8 apply to be next COA judge

April 27, 2015
Jennifer Nelson
The Indiana Supreme Court released the names of the eight people who want to replace Court of Appeals Judge Ezra Friedlander after he retires from the bench in August.
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Woman’s battery conviction reversed due to fatal variance

April 27, 2015
Jennifer Nelson
A couple arrested after they screamed and resisted arrest at a local Department of Child Services' office after learning their child was being removed from their care had all but one of their convictions from the incident upheld by the Indiana Court of Appeals Monday.
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BLE announces names of 174 who passed February bar exam

April 27, 2015
IL Staff

Nearly 175 people have passed the Indiana Bar Exam. The Board of Law Examiners posted the names of successful test-takers Monday. Results are from the February 2015 exam.

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SCOTUS considers excessive force, discrimination and personal data issues

April 27, 2015
 Associated Press
The Supreme Court of the United States said Monday it will decide whether websites and other firms that collect personal data can be sued for publishing inaccurate information even if the mistakes don't cause any actual harm. The court is also considering time limits for discrimination claims and issues involving excessive force against inmates awaiting trial.
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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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