Courts

Judge dissents on reversal of CHINS adjudication

January 7, 2015
Jennifer Nelson
A father who claimed his due process rights were violated when his daughter was adjudicated as a child in need of services before the conclusion of a fact-finding hearing won his appeal before the Court of Appeals Wednesday. But one judge believed that the trial court correctly found the girl to be a CHINS.
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Panel split over whether man needed to be involuntarily committed

January 7, 2015
Jennifer Nelson
A panel of the Indiana Court of Appeals Wednesday was divided over whether sufficient evidence was presented to justify that a mentally ill man was a danger to himself or others and thus needed to be involuntarily committed.
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Civil Rights Commission exceeded authority in upholding complaint

January 6, 2015
Marilyn Odendahl
Finding the Indiana Civil Rights Commission overstepped its authority, the Indiana Supreme Court has vacated the organization’s final order regarding an “intra-group squabble” over a dinner menu.
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First impression: Suspect’s recorded talk in police car admissible

January 6, 2015
Dave Stafford
What a South Bend man said to another suspect while they were alone in the back of a police cruiser was recorded by an in-car video camera and properly presented to a federal jury, a panel of judges decided in a matter of first impression for the 7th Circuit Court of Appeals.
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Rush’s debut State of the Judiciary address set

January 6, 2015
IL Staff
Indiana Chief Justice Loretta Rush will deliver her first State of the Judiciary address before a joint session of the General Assembly next week.
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Dershowitz denies underage sex claims

January 6, 2015
 Associated Press
Prominent criminal defense lawyer Alan Dershowitz has filed a detailed denial of a woman’s claims in a Miami federal court that he had sexual contact with her when she was underage in a case also involving Britain’s Prince Andrew.
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Bill seeks to give Indiana appellate judges more time on the bench

January 5, 2015
Marilyn Odendahl
Sen. James Buck is again pushing to increase the mandatory retirement age for Indiana appellate judges.
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Competency could be key for death penalty in Indiana case

January 5, 2015
 Associated Press
Indiana law experts say the mental health of a northwestern Indiana man charged with strangling two women and suspected of killing five others could complicate the case but shouldn't prevent the state from seeking the death penalty.
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7th Circuit dismisses case because dispute arose after lawsuit was filed

January 5, 2015
Marilyn Odendahl
A man who claimed State Farm Insurance Co. owed him a higher rate of interest and attorney fees had his case dismissed because the controversy did not exist when the lawsuit began.
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Tax Court: Alleged puppy mill owner wrongly denied refund

January 5, 2015
The Indiana Department of Revenue improperly denied a refund of the value of 240 dogs seized by the state from an alleged Harrison County puppy mill, the Indiana Tax Court ruled Dec. 31.
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COA affirms neighbor’s notice to court about survey is sufficient

December 31, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s challenge to the denial of his motion to correct error regarding the introduction of a survey reflecting a property line by his neighbor. The case was the result of a boundary dispute.
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Indiana diocese wants ex-teacher's jury award cut

December 31, 2014
 Associated Press
A northern Indiana Roman Catholic diocese wants to reduce a jury's nearly $2 million award to a former teacher fired by church officials for trying to get pregnant through in vitro fertilization.
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Company owed no duty to woman injured by employee after work

December 31, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed Wednesday that a northwest Indiana steel producer did not owe a duty to a woman injured in a car accident caused by an employee as he drove home from his shift. 
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Fewer cases filed in 2013 in state courts

December 31, 2014
IL Staff
There were 1,152,052 new cases filed in state courts in 2013, a decrease of 7.3 percent over the previous year, according to data released Tuesday by the Indiana Supreme Court and the Division of State Court Administration. The data continues to show the trend of a drop in filings over recent years.
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Bell damaged by 2009 courthouse fire gets new home

December 31, 2014
 Associated Press
A 150-year-old bell that survived a fire that heavily damaged a historic southern Indiana courthouse has a new home on the courthouse's lawn.
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2014 Year in Review

December 31, 2014
IL Staff
This year could be described as a historic one for Indiana. The state's ban on gay marriage was overturned by the courts, and, for the first time, a woman was chosen as chief justice of the Indiana Supreme Court. In fact, women are leading most of the courts in Indiana. In 2014, we saw changes in the law schools, a new criminal code implemented, and attorneys in trouble with the court and the law. (Remember the attorney who doesn't like to wear socks?)
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Artwork honoring Shepard has 'stalled'

December 31, 2014
Marilyn Odendahl
A plan by the inaugural class of the Indiana State Bar Association’s Leadership Development Academy to honor retired Indiana Chief Justice Randall Shepard has unraveled, and class members are preparing to consider several options for moving forward, including scrapping the project altogether.
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Turnover of judges marks new era in Bankruptcy Court

December 31, 2014
Dave Stafford
An Indiana federal court that for a dozen years was presided over by the same four judges has undergone a near-total overhaul in the past two years.
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Disciplinary Actions - 12/31/14

December 31, 2014
Read whose discipline was recently postponed by the Indiana Supreme Court.
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State Fair stage collapse appeal puts tort caps on trial

December 31, 2014
Dave Stafford
While the lone victim of the Indiana State Fair stage collapse who declined to settle with the state aims to prove caps on its liability are unconstitutional, judges who heard the appeal focused on why she was denied her day in court.
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Right-to-work court battle may not be over

December 31, 2014
Marilyn Odendahl
Despite a series of court rulings upholding Indiana’s right-to-work law, unions are not stopping their efforts to have the law overturned. Some opponents are considering petitioning for a review by the Supreme Court of the United States as well as filing another lawsuit in Indiana state court.
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Driver’s lack of appellee brief reinstates license revocation

December 30, 2014
Dave Stafford
A motorist who won a trial court judgment vacating the suspension of his driver’s license didn’t file a brief when the Bureau of Motor Vehicles appealed the decision and, therefore, lost his challenge of the BMV action.
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COA affirms judgment for seller in voided land deal

December 30, 2014
Dave Stafford
Sellers of property that had been designated as the second phase of a Gatorade distribution facility in Hendricks County were properly awarded specific performance of a contract to sell the land after the buyer backed out, the Court of Appeals held.
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Pulling a switcheroo leads to felony conviction

December 30, 2014
Marilyn Odendahl
A man who switched seats to help a friend failed to convince the Indiana Court of Appeals that he unknowingly put himself in the hot seat.
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Insurer owes no duty in dispute between sibling ex-law partners

December 30, 2014
Dave Stafford
A dispute between a brother and sister as their law firm partnership was dissolving was an employment-related matter covered by an insurer’s exclusionary clause, the Indiana Court of Appeals held Tuesday, reversing a trial court order.
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