Courts

Man accuses public defenders of malpractice

January 8, 2010
Jennifer Nelson
An accused child molester who sat in jail for 2 1/2 years until his case was dismissed is suing his former public defenders for legal malpractice.
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Justices overturn man's registration requirement

January 7, 2010
Jennifer Nelson
A Grant Superior judge erred in sentencing a man to register as a sex offender because that requirement wasn't in place at the time he committed his crime, the Indiana Supreme Court ruled.
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Suit claims courthouse violates ADA

January 7, 2010
Jennifer Nelson
Four defendants in cases pending before the St. Joseph Superior Court have filed a lawsuit claiming that county's courthouse is inaccessible for people with disabilities
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CHINS finding establishes only status of child

January 6, 2010
Jennifer Nelson
A finding that a child is in need of services only establishes the status of the child and means the child is a CHINS even if one parent isn't involved in the reasons for the determination, the Indiana Supreme Court ruled today
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Federal case challenges policies of Marion County Traffic CourtRestricted Content

January 6, 2010
Michael Hoskins
A new lawsuit against Marion County's Traffic Court has implications for how all state-level judges handle fines for citations and violations, and raises questions about whether a part of the judicial system in Indiana's largest county operates fairly and openly.
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Parents, child service provider group sue DCS over subsidiesRestricted Content

January 6, 2010
Michael Hoskins
In a one-two punch, a pair of lawsuits filed a week apart in December hit the Indiana Department of Child Services square in the gut over how the agency planned to reduce payment rates for foster and adoptive parents and juvenile service providers.
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Moving a law library, maintaining accessibilityRestricted Content

January 6, 2010
Rebecca Berfanger
What could have been a tragic end to a law library in central Indiana at the end of 2009 will be a new beginning in 2010.
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Newspapers join fight to unseal Durham records

January 5, 2010
The Indianapolis Business Journal and The Wall Street Journal have joined the legal fight to unseal search-warrant documents related to the federal investigation of businessman Tim Durham and Akron, Ohio-based Fair Finance Co. The IBJ is a sister publication of Indiana Lawyer.
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Harrison County joins Odyssey

January 5, 2010
IL Staff
Harrison County is the latest county to be added to the Indiana Supreme Court Odyssey Case Management System. The Harrison Circuit and Superior Courts and clerk's office joined the system online Monday.
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Judge: Reformatted tax appeal untimely

January 5, 2010
Jennifer Nelson
Even though a couple had originally filed their tax appeal within the 45-day deadline, the Indiana Tax Court still dismissed their appeal because their reformatted documents and notice of intent to appeal weren't filed until after the deadline.
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Silent settlement doesn't include fees, costs

January 4, 2010
Jennifer Nelson
A federal judge rejected a northern Indiana sheriff's argument that a settlement agreement in a civil rights case includes attorney's fees and costs when the agreement doesn't say anything on the issue.
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Many rule changes effective Jan. 1

January 4, 2010
IL Staff
The new year has brought several amendments to Indiana Rules of Court that took effect Jan. 1, 2010.
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Superior judge steps aside because of illness

January 1, 2010
Michael Hoskins
A Grant County judge's illness has forced him from the bench temporarily, and the Indiana Supreme Court has appointed a deputy prosecutor from Marion as judge pro tempore.Grant Superior 2 Judge Randall Lee Johnson filed a petition earlier this week that notified the state's highest court that he was unable to perform Superior Court 2 duties because of illness. While details of his illness aren't outlined by the Supreme Court, Judge Johnson has been experiencing health problems for more than...
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Retired Huntington County judge dies

January 1, 2010
IL Staff
Retired Huntington Circuit Judge Mark A. McIntosh died Feb. 20 in Fort Wayne. Judge McIntosh, 76, served on the Huntington Circuit Court for 22 years before retiring in 2007. Before he became a judge, he worked in private practice. Prior to attending law school, he taught social studies and coached junior varsity basketball at Kendallville High School after he graduated from Michigan State University. He graduated from Indiana University School of Law in 1962 and was admitted to the bar...
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Judge denies summary judgment for law firm

January 1, 2010
Jennifer Nelson
A federal judge has denied summary judgment for an Indianapolis law firm accused of failing to comply with court-ordered fee processes and charging more than necessary for its work as a receiver. U.S. District Judge Larry J. McKinney denied Riley Bennett Egloff's motion for summary judgment Friday in Neil Lucas, individually and on behalf of Phonebillit, Inc., as shareholder v. Riley Bennett Egloff, No. 1:07-CV-534. Neil Lucas filed his suit in 2007 accusing the firm of having a conflict of...
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Judges uphold contingent fees award

December 30, 2009
Jennifer Nelson
The contingent fee contract a law firm entered into with a city regarding a sewer fee dispute, which ultimately led to the firm collecting nearly 10 times more than the city anticipated, was valid and reasonable, the Indiana Court of Appeals affirmed today.
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Company filed suit within applicable limitations

December 30, 2009
Jennifer Nelson
A construction company's attempt to cast itself in the same class of professionals as attorneys or architects was rejected by the Indiana Court of Appeals today. The appellate court upheld on interlocutory appeal the denial of the company's motion for summary judgment in a breach of contract complaint.
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COA: Firefighter's e-mail didn't harm department

December 22, 2009
Jennifer Nelson
A firefighter shouldn't have been fired for his e-mail commenting on the financial situation of the township's fire department because the e-mail didn't impact the effectiveness of the department, the Indiana Court of Appeals ruled today.
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Marion Superior Law Library changes Dec. 31

December 22, 2009
Rebecca Berfanger
The Marion Superior Court Law Library at the City-County Building will officially close Dec. 31, but in early 2010 the reference materials from that library will be relocated to the Central Library branch of the Indianapolis-Marion County Public Library in downtown Indianapolis.
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Justices split on transfer of noncompete case

December 21, 2009
Michael Hoskins
Two Indiana Supreme Court justices disagreed with their colleagues in not accepting an appeal, finding that a ruling from the state's intermediate appellate court muddled caselaw on medical business and noncompete agreements, and significantly jeopardizes the public's access to medical care.
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Supreme Court rules on police traffic stops

December 21, 2009
Michael Hoskins
The Indiana Supreme Court has held that police don't have to verify whether the description of someone driving a vehicle matches the physical description of the registered owner obtained from a license plate check.
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High court to hear challenge to tests admittance

December 21, 2009
IL Staff
The Indiana Supreme Court has agreed to take the case of a man charged with drunk driving who challenges the admittance of two tests used to prove his intoxication.
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City violated constitution in denying refunds

December 18, 2009
Jennifer Nelson
The city of Indianapolis' refusal to grant some homeowners' requests for a partial refund of Barrett Law assessments violated the Equal Protection Clause, the Indiana Court of Appeals ruled today.
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COA: Store not a beneficiary of letters of credit

December 18, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled a department store has no rights derived from letters of credit between a bank and the man developing the site for a new store location.
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IJA announces 2009 media, judicial awards

December 18, 2009
IL Staff
The Indiana Judges Association announced today the recipients of the 2009 Commendations for Excellence in Public Information and Education.
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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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