Courts

Nominating Commission names 3 finalists

June 10, 2015
IL Staff
The next Indiana Court of Appeals judge will be Marion Superior Judge Robert R. Altice Jr., Wabash Superior Judge Christopher M. Goff or Patricia McMath of the Marion County Public Defender Agency. They are the three finalists that the Indiana Judicial Nominating Commission selected Wednesday after holding interviews most of the day.
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COA reverses blanket exclusion for testimony of eavesdropping officers

June 10, 2015
Jennifer Nelson
In a split decision, the Indiana Court of Appeals decided on interlocutory appeal that a trial court should not have issued a blanket exclusion order preventing all of the officers who eavesdropped on a defendant’s conversation with his attorney from testifying in any matter in the case.
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Hussmann to retire from Southern District

June 10, 2015
Marilyn Odendahl
U.S. District Court Magistrate Judge William G. Hussmann Jr. has announced plans to retire Jan. 31, 2016, opening another vacancy in the Indiana federal judiciary.
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Wife loses appeal of custody arrangement, contempt finding

June 10, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it found a wife in contempt of the court’s preliminary order regarding parenting time and visitation and when it entered a custody arrangement not requested by the parties, the Indiana Court of Appeals ruled Wednesday.
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War vet says Indianapolis house explosion caused flashback

June 10, 2015
 Associated Press
A war veteran has testified that a 2012 explosion that heavily damaged an Indianapolis neighborhood and killed two people caused a flashback to his time in Afghanistan.
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Court ruling against gay marriage could cause legal 'chaos'

June 10, 2015
 Associated Press
Gay and lesbian couples could face legal chaos if the Supreme Court of the United States rules against same-sex marriage in the next few weeks.
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COA: Accomplice liability instruction is harmless error

June 10, 2015
Jennifer Nelson
Although the trial court erred in instructing the jury during a man's murder and attempted murder trial regarding accomplice liability as it applied to attempted murder, the error was harmless, the Indiana Court of Appeals held Wednesday.
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INDOT not entitled to immunity in wrongful death action

June 10, 2015
Jennifer Nelson
The Indiana Department of Transportation failed to convince the Court of Appeals that it is entitled to discretionary function immunity under the Indiana Tort Claims Act in a wrongful death lawsuit brought by the estate of a construction worker killed while working on an interstate project.
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COA reverses probation revocation of man unable to fully pay restitution

June 10, 2015
Jennifer Nelson
A trial court should not have revoked the probation of a man who was ordered to pay more than $100,000 in restitution as a condition of his probation, the Indiana Court of Appeals ruled. The man was able to prove that he could not fully pay off the balance owed because he was unable to obtain a reverse mortgage on his home.
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Care facility’s petition for judicial review barred by res judicata

June 10, 2015
Jennifer Nelson
A Merrillville nursing facility’s third petition seeking judicial review of the state Department of Health’s decision to deny a full license to the facility was barred by a previous petition for judicial review of the matter, the Indiana Court of Appeals ruled.
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7th Circuit: No evidence officer was victim of racial discrimination

June 10, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the grant of defendants' motion for summary judgment on a St. Joseph County Police sergeant's lawsuit claiming discrimination because he is African-American. The judges held the man was unable to prove discrimination after he was passed over for promotions or began working in the department's property room.
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Evidence seized from probationer’s roommate violated 4th Amendment

June 10, 2015
Jennifer Nelson
The Indiana Supreme Court on Tuesday reversed the partial denial of a man's request to suppress drug evidence found during a routine warrantless search of the residence he shared with a man on probation. The probationer only consented to searches based on reasonable suspicion.
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Suing wrong man over Indy skyline photo costs lawyer $34K

June 9, 2015
Dave Stafford
A lawyer and photographer who sued hundreds of people claiming copyright infringement of his Indianapolis skyline picture must pay almost $34,000 in legal fees to a defendant who never used the image.
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Justices decline to make bright-line rule on admission of coverage limits

June 9, 2015
Jennifer Nelson
The Indiana Supreme Court affirmed the admission of a couple’s uninsured motorist policy limits at a trial in which the couple sued its insurer to recover under that provision. But in doing so, the justices declined requests by the Indiana Trial Lawyers Association and the Defense Trial Counsel of Indiana to adopt a bright-line rule on the admission of coverage limits.
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Appeals court tosses suits challenging climate change plan

June 9, 2015
 Associated Press
A federal appeals court on Tuesday threw out a pair of high-profile lawsuits challenging the Obama administration's sweeping plan to address climate change, saying it's too early to challenge a proposed rule that isn't yet final.
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Judicial candidate serving as juror was not fundamental error

June 9, 2015
Jennifer Nelson
A man convicted of child molesting argued that an attorney and judicial candidate should not have been allowed to serve as a juror on his trial. But he failed to object to her placement on the jury at the time of the trial, and the Indiana Court of Appeals rejected his claim of fundamental error.
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COA orders foreclosed Golden Corral to be in sheriff’s sale

June 9, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the holding of a Lake County court that allowed the mortgage holder of a restaurant in Merrillville to immediately take possession of the parcel of land. Under Indiana law, the parcel should go into a sheriff's sale, the majority held.
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Attorney: House explosion stupid, selfish plan gone awry

June 9, 2015
 Associated Press
A man accused of plotting a deadly explosion that damaged or destroyed more than 80 homes in an Indianapolis neighborhood should have known the scheme could kill people, even if that wasn't his intent, a prosecutor told jurors Monday as the murder trial began.
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Indianapolis City-County Council to sue over $32M electric-car contract

June 9, 2015
 Associated Press, IBJ Staff
The Indianapolis City-County Council has voted to sue the city as a way to prevent it from implementing a $32 million plan to rent 425 electric cars for its vehicle fleet.
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Council votes not to consider revised justice center plan

June 9, 2015
IBJ Staff
The City-County Council voted 16-13 Monday night against considering a scaled-down plan for a new Marion County criminal justice center.
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Opening statements set for Indianapolis house explosion trial

June 8, 2015
 Associated Press
The final three jurors have been seated in the trial of an Indianapolis man charged in a deadly house explosion that ravaged a neighborhood.
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Justices split, deny grandparent visitation appeal

June 8, 2015
Dave Stafford
Divided 3-2, the Indiana Supreme Court last week declined to hear the appeal of a grandparent stripped of visitation rights in a Court of Appeals ruling.
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Court strikes down ‘born in Jerusalem’ passport law

June 8, 2015
 Associated Press
The Supreme Court of the United States struck down a disputed law Monday that would have allowed Americans born in Jerusalem to list their birthplace as Israel on their U.S. passports in an important ruling that underscores the president's authority in foreign affairs.
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Humane Society ‘disappointed’ justices won’t hear canned-hunt suit

June 8, 2015
Dave Stafford
A deadlocked Indiana Supreme Court declined to hear the state’s appeal of a ruling allowing captive-hunting preserves to operate in the state without regulation. The Humane Society condemned the decision on the controversial hunting practice.
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Justices to review Tyson Foods appeal over class-action suit

June 8, 2015
 Associated Press
The Supreme Court of the United States has agreed to weigh new limits on the ability of workers to band together to dispute pay and workplace issues.
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  1. 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.

  2. 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

  3. 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.

  4. 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.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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