Courts

Justices consider case involving rejected doctrine of res gestae

April 27, 2017
Olivia Covington
In a case that defense counsel warns could allow the concept of res gestae to be reintroduced into the Indiana judiciary, the justices of the Indiana Supreme Court considered whether a gun that was not brandished during a northern Indiana altercation was relevant evidence that led to the appellants’ convictions.
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COA reverses protective order on basis of res judicata

April 27, 2017
Olivia Covington
In a case that Indiana Court of Appeals Judge Rudolph Pyle described as a “prime example of forum shopping,” the appellate court has reversed the grant of a petitioner’s third petition for a protective order because the petition is barred by the doctrine of res judicata.
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7th Circuit affirms summary judgment to casino employees

April 27, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed summary judgment for two security agents at a northern Indiana casino, finding the plaintiff’s argument that she never received a copy of the motion for summary judgment unpersuasive.
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Supreme Court: General contractor assumed duty to sub-subcontractor through contract

April 27, 2017
Olivia Covington
A general contractor assumed a non-delegable duty of care to the employee of a sub-subcontractor through its contractual language, the Indiana Supreme Court decided Wednesday, reversing summary judgment to the general contractor on the issue of duty.
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JNC sends letter to Holcomb about 3 justice finalists

April 27, 2017
Olivia Covington
The clock is now ticking for Gov. Eric Holcomb to select Indiana’s next Supreme Court justice after he received an official letter describing the three finalists for a seat on the bench from Chief Justice Loretta Rush and the Indiana Judicial Nominating Commission.
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Law school dean placed on leave sues university

April 26, 2017
 Associated Press
The dean of the University of Cincinnati's law school is suing the university, saying she was illegally placed on administrative leave.
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Audit finds courts 'in disarray' after police killing

April 26, 2017
 Associated Press
An audit launched in the wake of unrest following the fatal police shooting of Michael Brown in Ferguson, Missouri, found the city's court system "in disarray" and disorganized, according to a report released Wednesday by the Missouri state auditor.
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Michigan company's highway sign trademark ruled not harmful

April 26, 2017
 Associated Press
A federal judge has rejected an argument from state officials that a northern Michigan company's trademark of the highway sign M-22 violates federal law.
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Laid-off DOC teachers get partial victory in appeal challenging protocol

April 26, 2017
Olivia Covington
The Indiana Department of Correction followed appropriate protocol when it laid off several institutional teachers in 2009, a divided Indiana Court of Appeals found Wednesday. The court did find, however, the DOC erred in the process of selecting those employees for re-employment in other positions.
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COA reverses dissolution decree imputing potential income to mother

April 26, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed the terms of a marriage dissolution decree, finding the trial court erred in imputing potential income to the mother based on the fact that she should now be able to work full-time because her children are older.
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Indiana Supreme Court denies death penalty statute appeal

April 26, 2017
 Associated Press
The Indiana Supreme Court has turned down the request of a Gary man accused of slaying seven women to look at the constitutionality of the state's death penalty statute before he goes to trial.
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Judge cites Trump's comment in 'sanctuary city' ruling

April 26, 2017
 Associated Press
For the third time in two months, a federal judge has knocked down an immigration order by President Donald Trump and used Trump's own language against him.
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Suit takes aim at Indiana religious-affiliated charter schools

April 25, 2017
Dave Stafford
A Monroe County nonprofit organization has sued the state and a charter school, seeking to block its funding because the group argues that taking tax dollars from public schools for the benefit of private religious institutions violates the Establishment Clause of the U.S. Constitution.
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Clarksville man gets 35 years in abuse death of 3-year-old

April 25, 2017
 Associated Press
A southern Indiana man has been sentenced to 35 years in prison after pleading guilty in the child abuse death of his former girlfriend's 3-year-old daughter.
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Divided justices: Statute provides immunity to firearms sellers

April 25, 2017
Olivia Covington
Holding that state statute immunizes firearms sellers from damages claims brought after a third party misuses a gun purchased from their stores, a divided Indiana Supreme Court has dismissed a series of damages claims against an Indianapolis gun store. The justices did allow a claim for equitable relief to continue.
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Republicans in position to reshape federal bench

April 24, 2017
 Associated Press
Republicans have put President Donald Trump's Supreme Court nominee on the bench, and they're now in a position to fill dozens more federal judgeships — and reshape some of the nation's highest courts.
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Gorsuch faced early test in court's life-and-death power

April 24, 2017
 Associated Press
Just 11 days on the job, U.S. Supreme Court Justice Neil Gorsuch had an early taste of the weighty power that sometimes comes to a member of the nation's highest court.
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Supreme Court turns away GM appeal over ignition switches

April 24, 2017
 Associated Press
The Supreme Court of the United States on Monday turned away an appeal from General Motors Co. seeking to block dozens of lawsuits over faulty ignition switches that one plaintiffs' attorney said could expose the company to billions of dollars in additional claims.
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Indy judges to have closed-door interviews before retention nod

April 24, 2017
Dave Stafford
Marion Superior judges would appear behind closed doors before a committee comprised mainly of political appointees who would recommend whether jurists should or should not be retained in office, according to a bill that passed the General Assembly.
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Justices affirm denial of PCR to man whose attorney called him a ‘Negro’

April 24, 2017
Olivia Covington
The Indiana Supreme Court has affirmed the denial of post-conviction relief to a man who said his attorney prejudiced him by referring to him as a “Negro” during the selection of jurors, but noted that the Court of Appeals misstated the legal standard of prejudice it applied when making its decision.
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Indiana Lawyer wins 2 journalism awards

April 24, 2017
IL Staff
Indiana Lawyer took home two Society of Professional Journalists Indiana Professional Chapter awards Friday.
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Wabash College to honor 7th Circuit chief judge

April 24, 2017
Marilyn Odendahl
Chief Judge Diane P. Wood of the 7th Circuit Court of Appeals will be honored Monday by Wabash College as the 2017 recipient of the David W. Peck Senior Medal for Eminence in the Law. She is the second woman to receive the award since it was first given in 1974.
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COA hears malpractice case involving former Conour associate

April 21, 2017
Olivia Covington
Roughly five years after former Indianapolis personal injury attorney William Conour was charged in a federal wire fraud case, the Indiana Court of Appeals heard a legal malpractice action involving one of his ex-colleagues for alleged malpractice. One of Conour's victims claims the attorney's actions kept her in the dark about theft of her settlement money.
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LaPorte County joins 40 others in allowing e-filing

April 21, 2017
IL Staff
LaPorte Circuit and Superior courts went live with e-filing Friday, becoming the 41st county to have either voluntary or mandatory e-filing in Indiana.
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Deaf man sues lawyer for sign language miscommunication

April 21, 2017
 Associated Press
A former IBM employee who is deaf says a sign language miscommunication with his lawyer caused him to accept a lowball offer in an earlier discrimination lawsuit.
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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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