Courts

Smoking-ban lawsuits face long odds, legal expert says

May 30, 2012
Scott Olson
Ten bar owners who are taking Indianapolis to court over a new citywide smoking ban that takes effect Friday at 6 a.m. stand little chance of stopping the ordinance, an Indianapolis law professor predicts.
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Applications to be next Indiana justice due June 29

May 30, 2012
IL Staff
Indiana attorneys interested in becoming the state’s 108th justice have until the end of June to submit their applications. The Supreme Court announced Wednesday the application and interview timeline.
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Judges rule on lease dispute involving hospital

May 29, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded that a hospital did owe rent to the property owner for a broken lease involving a third party, but the damages the trial court ordered the hospital pay need to be reconsidered.
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Defendant's fleeing justifies delayed arrest

May 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the revocation of a man’s suspension for probation violations after finding the trial court did not err in ordering the man serve the remainder of his originally suspended sentence.
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COA split on whether judgment on pleadings was proper

May 29, 2012
Jennifer Nelson
In a lawsuit against an attorney, law firm and the firm’s insurer, the Indiana Court of Appeals was divided in its ruling over whether the trial court correctly granted the insurer’s motion for judgment on the pleadings.
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Next round of COA interviews June 4

May 29, 2012
IL Staff
The five semifinalists for the Indiana Court of Appeals will have their second round of interviews the afternoon of June 4.
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Nephews' appeal over estate dispute dismissed

May 25, 2012
Jennifer Nelson
Even though the trial court said its order regarding a petition to set aside a family settlement agreement was final and appealable, it was not, so the Indiana Court of Appeals dismissed an appeal sua sponte.
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Court didn't err in allowing impeachment testimony

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals found the trial court did not err in allowing a police detective to testify as to what a witness told him about a shooting.
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Judges uphold murder conviction

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals found the evidence that a defendant committed murder was overwhelming, so any suppression of a witness’s testimony by the prosecution was no more than a harmless error.
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Court dismisses appeal because order isn't final

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine, because the order he appeals from isn’t a final judgment.
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Accident not covered under insurance policy

May 25, 2012
Jennifer Nelson
A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.
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No error in finding defendant jointly and severally liable

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding that a man was jointly and severally liable for damages following a fight over a girl.
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Shepard to attend 4th commencement

May 25, 2012
IL Staff
Since stepping down from the Indiana Supreme Court in March, former Chief Justice Randall T. Shepard has been busy attending college graduations. On Friday, he will visit his fourth school, New England Law – Boston, and deliver the commencement speech.
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Judges find mortgage company not culpably negligent

May 24, 2012
Jennifer Nelson
In a dispute over which mortgage has priority in a foreclosure action, the Indiana Court of Appeals affirmed summary judgment for the senior mortgage holder. The judges found the doctrine of equitable subrogation applies.
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COA rules on first impression possession of marijuana issue

May 24, 2012
Jennifer Nelson
A woman’s objection over how much marijuana was being attributed to her led the Indiana Court of Appeals to apply for the first time Supreme Court precedent regarding possession of marijuana.
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Legislature announces summer study committees

May 24, 2012
Jennifer Nelson
The Legislative Council of the Indiana General Assembly has assigned the study topics various committees will examine this summer and fall. Some of the areas include creating a centralized department of administrative law judges and review of various Department of Child Services practices.
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122 Indiana courts now on Odyssey

May 23, 2012
IL Staff
With the additions of Henry and Jackson counties to the Odyssey case management system, 41 counties and 122 courts are now hooked into the system.
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Court upholds sentence following threat to school

May 23, 2012
Jennifer Nelson
A father who was upset that he couldn’t talk to his daughter after she was arrested at school for having drugs threatened to come to the school with his “guns blaring.” He was arrested and given a suspended sentence for Class D felony intimidation, which the Indiana Court of Appeals affirmed.
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Woman evicted from apartment denied due process

May 23, 2012
Jennifer Nelson
The Indiana Court of Appeals held that a woman was denied due process in small claims court when the court reporter presided over an initial hearing and ordered the woman to move out of her apartment.
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Trial court ordered to determine if man was diligent in pursuing appeal

May 23, 2012
Jennifer Nelson
The Indiana Court of Appeals held that a man cannot appeal the denial of his petition for post-conviction relief, but the trial court should determine whether the defendant has been without fault and diligent in pursuit of his original appeal of child molesting convictions.
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Justices clarify 'notes on oral arguments' use

May 23, 2012
IL Staff
The Indiana Supreme Court issued an order May 18 informing attorneys that filing of “notes on oral arguments” without leave of court is no longer part of Indiana’s appellate practice.
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Shootings put safety on lawyers' radar

May 23, 2012
Jenny Montgomery
Two separate shootings involving Fort Wayne attorneys highlight the need for lawyers to use common sense when it comes to protecting themselves.
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Dickson values continuity for court

May 23, 2012
Dave Stafford
Indiana’s new chief justice will preside as the Supreme Court faces a 'precarious' future.
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Pro Bono Commission chair sees dramatic drop in funding during term

May 23, 2012
Dave Stafford
Colleagues say Indiana Court of Appeals Judge Melissa May's selflessness and volunteer spirit made her ideally suited for the position.
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Fund will build on Shepard's legacy of promoting diversity

May 23, 2012
Dave Stafford
Former Indiana Chief Justice Randall Shepard’s commitment to diversity will continue thanks to a permanent fund that aims to expand on his pioneering efforts to make the legal profession more reflective of society at large.
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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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