Courts

Standing up for the judiciary

December 7, 2011
Michael Hoskins
The Defense Trial Counsel of Indiana plans to address attacks on courts and judges.
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Disciplinary Actions - 12/7/11

December 7, 2011
IL Staff
Read who's been suspended and who receive a public reprimand by the Indiana Supreme Court.
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Judge rules on case involving legislative walkout fines

December 6, 2011
Michael Hoskins
A Marion Superior judge has ruled that state courts don’t have the ability to interfere with the Indiana General Assembly’s constitutional authority to pass laws or its own internal rules, including how it compels attendance or imposes fines.
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Man gets 326 months imprisonment, lifetime supervision for child pornography

December 6, 2011
Michael Hoskins
U.S. Judge Robert Miller Jr. sentenced an Elkhart man to 326 months in prison and a lifetime of supervised release after his guilty plea to sexually exploiting children.
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COA affirms denial of motion to suppress

December 6, 2011
Jennifer Nelson
The actions of police officers who showed up on a man’s property to investigate a complaint – which led to the discovery of marijuana plants – were reasonable, according to the Indiana Court of Appeals.
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Appellate court rules in judge's favor

December 6, 2011
Michael Hoskins
Trial courts don’t have the authority to issue orders against other courts and judges mandating that they stop certain practices, the Indiana Court of Appeals has ruled.
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Construction of fence is actionable tort

December 6, 2011
Jenny Montgomery
The Indiana Court of Appeals has reversed the trial court in a land dispute case involving two companies.
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Appellate court rules on insurance coverage case

December 6, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled in favor of a group of insurance companies that argued a waste management company couldn’t seek coverage for asbestos and related worker injuries under policies signed by corporate predecessors before 1986.
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Appellate court cites claim-splitting, res judicata in rejecting appeal

December 6, 2011
Jenny Montgomery
In a life insurance case that has spanned eight years, the Indiana Court of Appeals has ruled that an appeal from a widow is without merit.
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Confidential informant testimony did not hinder defense

December 6, 2011
Jenny Montgomery
A man who was arrested after a confidential informant arranged drug buys was not hindered by the fact that the informant testified at trial anonymously, the Indiana Court of Appeals ruled.
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COA finds no error in juvenile adjudication

December 6, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a juvenile court’s decision to place a minor in a residential treatment center, holding sufficient evidence exists to support the court’s dispositional order.
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Justices accept 2 appeals and deny 24 cases

December 5, 2011
Michael Hoskins
The Indiana Supreme Court has accepted two cases, one involving a tax revenue assessment dispute and a second asking how trial judges decide on restraining defendants who disrupt courtroom proceedings.
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Photos admissible when evidence has been destroyed

December 5, 2011
Jenny Montgomery
In an appeal from a man convicted of Class B dealing in methamphetamine and Class B misdemeanor visiting a common nuisance, the Indiana Court of Appeals has held that photos of a methamphetamine lab were admissible because the physical evidence had been destroyed.
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COA sides with appellant in probation violation complaint

December 5, 2011
Jenny Montgomery
The Indiana Court of Appeals has held that when a probation is transferred between Indiana counties, the receiving county assumes supervisory authority over the case.
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Third volume of Restatement of Property published

December 2, 2011
IL Staff
Attorneys and judges now have more scholarly guidance on wills and other donation-related issues in civil law, after a national organization released its third and final volume of the Restatement (Third) of Property: Wills and Other Donative Transfers.
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Former city-county councilor sentenced to 40 months

December 2, 2011
IL and IBJ Staff
U.S. Senior Judge Larry McKinney on Thursday sentenced former Indianapolis City-County Councilor Lincoln Plowman to 40 months in federal prison for attempted extortion and bribery.
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Jasper County high school students to observe Court of Appeals oral argument

December 2, 2011
IL Staff
The Indiana Court of Appeals will hear arguments in Paul K. Ogden v. Robertson et. al. at 2 p.m. EST Dec. 6 at Rensselaer Central High School, 1106 E. Grace St.
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7th Circuit affirms ruling against woman kicked out of public housing

December 1, 2011
Jennifer Nelson
A woman who challenged the Housing Authority of South Bend’s decision to terminate her lease for federally subsidized public housing because of criminal activity lost her appeal before the 7th Circuit Court of Appeals.
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Appellate court upholds criminal recklessness conviction

December 1, 2011
Jennifer Nelson
The Indiana Court of Appeals determined there was sufficient evidence to uphold a man’s conviction of criminal recklessness regarding his firing of a gun.
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Court seeks comment on changes to civil local rules

December 1, 2011
IL Staff
The U.S. District Court, Southern District of Indiana, is seeking comment on proposed amendments to dozens of its local rules. If adopted, the amendments will become effective Jan. 1, 2012.
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Technical issues interrupt COA webcasts

November 30, 2011
IL Staff
The Indiana Court of Appeals will not have any webcast videos, and potentially no audio, for at least several days, the court announced Wednesday.
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'Inextricably intertwined' exception appropriate under state constitution

November 30, 2011
Jennifer Nelson
The Indiana Supreme Court ruled Wednesday that under Article 1, Section 13 of the Indiana Constitution, the right to counsel is violated only where a different offense is inextricably intertwined with the charge on which counsel is already representing the defendant.
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Judges find ex post facto claim waived

November 30, 2011
Jennifer Nelson
The man who raised a constitutional challenge to the propriety of his conviction of failing to register as a sex offender waived his ex post facto claim when he entered into a plea agreement, the Indiana Court of Appeals held Wednesday.
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Changes to federal courts effective Thursday

November 30, 2011
IL Staff
Several changes are coming to the United States Bankruptcy Court for the Southern District of Indiana and the U.S. District Court in the Northern District of Indiana Thursday.
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Application process open for federal defense panel

November 30, 2011
IL Staff
The United States District Court for the Southern District of Indiana is accepting applications from attorneys interested in serving on the court’s Criminal Justice Act panel for the Indianapolis and Terre Haute divisions.
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  1. 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 .....

  2. 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.

  3. 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

  4. 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

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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