Courts

‘Sovereign citizen’ convicted of kidnapping daughter loses appeal

July 16, 2014
Jennifer Nelson
The Kansas man who kidnapped his adult daughter and held her captive in northern Indiana had his convictions and sentence upheld by the 7th Circuit Court of Appeals Wednesday.
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Judge: Outdated caselaw needs revised to handle Internet issues

July 16, 2014
Jennifer Nelson
A dissenting judge in an unfair competition case involving the near simultaneous registrations of the same Internet domain name urged the Indiana Legislature and Supreme Court to “usher Indiana into the technological realities of the 21st Century.”
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1 same-sex marriage lawsuit remains in District Court

July 16, 2014
Marilyn Odendahl
One challenge to Indiana’s same-sex marriage law remains in federal court and could, again, open a window for gay and lesbian couples in the state to get married, an attorney representing the plaintiffs in the case said.
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Owner of Anderson location yanks suit against Motel 6

July 16, 2014
Dave Stafford
Owners of an Anderson hotel that has operated as a Motel 6 since its construction in 1974 – but soon won’t –  withdrew a federal lawsuit Tuesday that claimed the national chain had not maintained the site “as a first class motel” required under its decades-old lease.
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Judges uphold felony conviction for kicking cat

July 16, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed an Allen County man’s conviction of Class D felony torturing or mutilating a vertebrate animal, finding sufficient evidence that the man knowingly or intentionally mutilated a cat that somehow got into his house.
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Interest rate charged by bank upheld by Court of Appeals

July 16, 2014
Jennifer Nelson
The Indiana Court of Appeals relied on a similar case out of Ohio to find that a bank did not exceed the agreed-upon interest rate of commercial borrowers by applying a 365/360 interest calculation method as some borrowers claimed in a class action.
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Courts provide information about appellate judges up for retention

July 16, 2014
IL Staff
Voters looking to learn more about the four appellate judges up for retention on this year’s general election ballot can turn to a website designed by the Division of State Court Administration.
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Grant applications for children, family projects due Aug. 14

July 16, 2014
IL Staff
The Indiana Court Improvement Program is accepting applications for projects designed to improve the well-being, safety and permanency of children and families involved in child in need of services and termination of parental rights proceedings.
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Indiana sues county over I-69 noise ordinance

July 16, 2014
 Associated Press
The Indiana Department of Transportation is suing the commissioners of a southern Indiana county, saying they have no authority to limit construction of the Interstate 69 extension near Bloomington with an ordinance that restricts overnight noise.
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Task force: Keep pro bono hours anonymous

July 16, 2014
Marilyn Odendahl
A task force at the recommendation of the Indiana Supreme Court recently looked at five areas concerning pro bono work and the reporting of hours, including whether attorneys' reported pro bono hours should be disclosed publicly.
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Lawyer registration fee increase to cover program shortfalls, aid pro bono districts

July 16, 2014
Dave Stafford
Attorney registration fees set to increase nearly 25 percent will cover shortfalls in the judiciary programs they fund and give a temporary emergency boost to the state’s pro bono districts.
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Ice cold beer? Not here

July 16, 2014
Marilyn Odendahl
The challenge to Indiana cold beer regulation continues in state court and 7th Circuit Court of Appeals.
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New Indiana criminal code being implemented in courtrooms

July 16, 2014
Marilyn Odendahl
Prosecutors, public defenders and judges around the state have been attending special seminars, updating computer programs and reading through the new criminal code in preparation for the switch. Many say they will need about six months before they feel comfortable with the new code, and they expect they will be juggling cases charged under the old code for at least another 12 to 18 months.
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Ruling may expedite demise of Marion County township venues

July 16, 2014
Dave Stafford
Marion County’s unique township small claims courts may be on the verge of extinction, hastened by a game-changing ruling this month by the full 7th Circuit Court of Appeals.
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Advocates: Suit over unpaid subsidies emblematic of DCS' shortcomings

July 16, 2014
Dave Stafford
Adoptive families who’ve sued the state and likened the Department of Child Services to deadbeat parents for failing to pay promised subsidies to people who adopt foster children aren’t alone in feeling slighted, child and adoption advocates say.
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Personal, practical reasons guide adult adoptions

July 16, 2014
Dave Stafford
Children become consenting adults when they turn 18, but that’s also the age at which a few will seek to legally become someone’s son or daughter. Adult adoptions are fairly rare, but they’re sought for a host of reasons from the sentimental to the sensible, family law attorneys say.
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Admission of video and recorded statements did not violate Sixth Amendment

July 15, 2014
Marilyn Odendahl
The defendant in a drug trial was unable to convince the Indiana Court of Appeals that his constitutional right to confront a witness was violated when the confidential informant did not testify at trial.
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Court rejects automatic change in custody for moving mom

July 15, 2014
Dave Stafford
A mother will not automatically lose custody of one of her children if she chooses to relocate to Texas, the Indiana Court of Appeals held Tuesday, reversing in part a trial court order in favor of the child’s presumptive father.
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Ex-HHGregg manager's lawsuit grows into class-action

July 15, 2014
Scott Olson, IBJ Staff
A lawsuit brought by a former HHGregg Inc. manager charging that the company failed to pay incentive bonuses has been granted class-action status by a Marion Superior Court judge.
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Woman loses appeal over stillbirth medical malpractice claim

July 15, 2014
Dave Stafford
A woman who claimed medical malpractice contributed to a stillborn child failed to persuade the Indiana Court of Appeals that a trial court erred in granting summary judgment in favor of defendants.
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Appeals court affirms post-conviction relief not justified for rapist

July 15, 2014
Dave Stafford
A man who pleaded guilty in 1997 to raping his 6-year-old daughter committed a crime so heinous that his sentence of 50 years in prison was justified, and he raised no issues in a post-conviction relief appeal on which the sentence could be reduced.
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Convenience stores continue fight for cold beer

July 15, 2014
Marilyn Odendahl
Indiana convenience stores are pushing forward with their effort to persuade the courts to upend the state’s restrictions on cold beer sales.
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Divided COA reverses grandparent visitation order

July 15, 2014
Dave Stafford
Indiana Court of Appeals judges split on their views of the best interests of a child Tuesday, reversing a trial court order granting visitation to the paternal grandparents of a 4-year-old whose father committed suicide before the child was born.
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Court to hear gay marriage arguments Aug. 13

July 15, 2014
 Associated Press
A federal appeals court in Chicago will hear arguments in challenges of gay marriage bans in Wisconsin and Indiana on Aug. 13.
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Justices add 4 cases

July 14, 2014
Dave Stafford
A long-running dispute between the owners and former owners of a home with electrical and structural issues will return to the Indiana Supreme Court, one of four cases justices added last week
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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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