Courts

COA reverses summary judgment in personal injury claim, abandons volunteer doctrine

February 3, 2015
Jennifer Nelson
A negligence case involving a Terre Haute HVAC business and a man injured while helping move a furnace will move forward now that the Indiana Court of Appeals has reversed summary judgment in favor of the company.
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COA reverses conviction based on unreasonable police search

February 3, 2015
Jennifer Nelson
A police officer had no reasonable suspicion to believe that a container found in a man’s pocket during an arrest held any illegal substances, the Indiana Court of Appeals ruled Tuesday. As such, it reversed his Class D felony possession of schedule III controlled substance conviction, ruling it violated the Indiana Constitution.
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Justices send post-conviction case back to COA for consideration

February 2, 2015
Jennifer Nelson
The Indiana Supreme Court has vacated the dismissal of a Marion County post-conviction case and remanded it to the Court of Appeals. That was one of two cases justices took action on last week.
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Judge orders revenue department to produce handwritten notes

February 2, 2015
Jennifer Nelson
Two pages of handwritten notes prepared by an Indiana Department of State Revenue employee must be turned over to an Illinois company challenging the denial of four refund claims, the Indiana Tax Court held Friday.
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Appeals court finds high-fence deer hunting not prohibited in Indiana

February 2, 2015
Jennifer Nelson
Indiana law does not prohibit “high-fence” hunting of deer in Indiana, nor does it allow for the Department of Natural Resources to create regulations relating to the practice, the Indiana Court of Appeals ruled Monday.
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Indiana courts press for $5M for e-filing system

February 2, 2015
 Associated Press
Indiana courts are asking lawmakers to allocate an additional $5 million a year so they can implement an electronic filing system that allows litigants to submit paperwork online and gives the public free access to court records.
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Winter storm delays child neglect trial in South Bend

February 2, 2015
 Associated Press
A winter storm that brought as much as 19 inches of snow to northern Indiana has delayed a South Bend child neglect trial.
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Judges deny request to modify probation to allow contact with daughter

January 30, 2015
Jennifer Nelson
The judges on an Indiana Court of Appeals panel had different reasons for affirming the denial of an incarcerated man’s petition to modify his probation so that he could have contact with his daughter.
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7th Circuit rules man entitled to new hearing on crack-cocaine sentence

January 30, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a prisoner’s motion for a reduced sentence for distributing crack cocaine, finding that he is allowed to bring his petition for relief under 28 U.S.C. Section 2255.
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Ex-Evansville official gets 4 years for money laundering

January 30, 2015
 Associated Press
A federal judge has sentenced a former Evansville Redevelopment Commission member to four years in prison for money laundering.
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4th person faces murder charges in deadly house explosion

January 30, 2015
 Associated Press
A man charged Thursday with murder and arson in a deadly Indianapolis house explosion was offered $5,000 to burn down the home two weeks before it was leveled by a natural gas blast, court documents allege.
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Expungement law still being perfected, legislator says

January 29, 2015
Marilyn Odendahl
County clerks being overrun by expungement petitions are asking the Legislature to impose a filing fee to help offset the costs of processing the forms and restricting the records.
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Restaurant not entitled to return of insurance proceeds seized

January 29, 2015
Jennifer Nelson
A Mexican restaurant that is part of a chain which has been under investigation by Marion and Tippecanoe county officials will not have insurance funds seized from a bank account returned, the Indiana Court of Appeals ruled Thursday.
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Judge admonishes losing counsel in long-running litigation

January 29, 2015
Dave Stafford
A federal judge admonished a lawyer Wednesday whose clients were found to have abused the process in prosecuting a trademark infringement suit against a similar wine-and-art business.
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COA rules teachers may negotiate for ancillary duty compensation

January 28, 2015
Jennifer Nelson
A dispute between a school corporation and teachers association that made its way before the Indiana Court of Appeals led to the court concluding the teachers may qualify for overtime for performing school-related duties outside of their normal teaching hours.
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Gang member’s sentence for bar fight reduced

January 28, 2015
Jennifer Nelson
The convictions of a gang member stemming from his role in a bar fight were upheld by the Court of Appeals Wednesday, but the judges ordered his sentence shortened because the convictions all occurred during a single episode of criminal conduct.
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7th Circuit upholds new conviction, cannot address registration requirement

January 28, 2015
Jennifer Nelson
Although a judge communicated that a man must register as a sex offender based on the Sex Offender and Registration Notification Act, because that decision was not incorporated into the judge’s final ruling, there is nothing for the 7th Circuit Court of Appeals to review regarding his challenge to that part of his sentence.
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Juvenile’s delinquent adjudication reversed based on illegal search

January 28, 2015
Jennifer Nelson
Because the physical evidence used to adjudicate a teen as delinquent was the direct result of an illegal search of his backpack by police, the Indiana Court of Appeals reversed.
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7th Circuit affirms dismissal of workplace discrimination suit

January 28, 2015
Dave Stafford
A Sudanese woman’s discrimination suit against a Jeffersonville shipyard where she had worked as a welder was properly dismissed, the 7th Circuit Court of Appeals ruled Tuesday.
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Chavis to chair Marion Superior Executive Committee

January 28, 2015
IL Staff
Marion Superior Civil Division 12 Judge John M.T. Chavis II will chair the 2015-2016 term of the courts’ executive committee.
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Denial by justices to take prosecutorial misconduct case draws dissent

January 28, 2015
Jennifer Nelson
Believing that the Indiana Supreme Court should have taken a case involving the “disturbing trend” of alleged prosecutorial misconduct, two justices dissented from their colleagues' decision to not accept the case.
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Rush rolls out commercial court plan in State of Judiciary

January 28, 2015
Dave Stafford
Commercial courts heralded by Indiana Chief Justice Loretta Rush in her first State of the Judiciary address could be in business soon, with the first pilots launching as early as this summer, according to judges and lawyers involved in developing the plans.
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Attorney reaction spurs tweaks of pro bono reporting rule

January 28, 2015
Marilyn Odendahl
During a January lunchtime meeting of the Elkhart City Bar Association, attorneys served a plateful of questions about the state’s new mandatory pro bono reporting rule and ladled on some skepticism.
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Disciplinary Actions - 1/28/15

January 28, 2015
IL Staff
Read who's recently been suspended by the Indiana Supreme Court.
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Federal Bar Update: Southern District's uniform protective order

January 28, 2015
John Maley
Throughout 2014, a subcommittee of the U.S. District Court for the Southern District of Indiana’s Local Rules Committee, including Magistrate Judges Denise LaRue and Debra McVicker Lynch, was hard at work on a proposed uniform protective order.
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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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