Courts

Justices reaffirm precedent on worker's comp claims

April 16, 2010
Michael Hoskins
The Indiana Supreme Court has upheld a decision by the state Worker's Compensation Board dismissing an injured trucker's claim, finding the employee's settlement with a third-party driver voided whatever responsibility the company had on the issue.
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Court: Medical record loss is negligence

April 16, 2010
Michael Hoskins
If a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.
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COA decides sex offender registration plea case

April 16, 2010
Michael Hoskins
The Indiana Court of Appeals today declined to ignore a year-old precedent from the state's highest court about sex offender registration, finding that the ruling still applies to cases where an offender once signed a plea agreement requiring him to follow lesser registration requirements.
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COA rules on first impression railroad issue

April 15, 2010
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries he sustained while employed with a transportation company.
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Jury not properly instructed at man's trial

April 15, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful entry into his home.
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Justices rule on in-state, out-of-state police actions

April 15, 2010
Michael Hoskins
The Indiana Supreme Court has upheld its own law enforcement practices, but leaves those of Alabama's police and judiciary out in the cold.
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Judges disagree on case involving juror strikesRestricted Content

April 14, 2010
Michael Hoskins
A Marion County deputy prosecutor's striking of potential jurors has divided an Indiana Court of Appeals panel, with judges disagreeing about whether it should second-guess a lower court's finding that no racial discrimination was in play in striking the African-American jurors.
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Legal community reflects on prosecutor issuesRestricted Content

April 14, 2010
Michael Hoskins
As controversy swirls around the Marion County Prosecutor's Office, attorneys throughout Indiana have their eyes on how the ethical issues can be a lesson for the state's legal community.
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SCOTUS chief visits law school as part of lecture seriesRestricted Content

April 14, 2010
Rebecca Berfanger
The chief justice of the Supreme Court of the United States was warmly greeted by a full house April 7 at Indiana University School of Law - Indianapolis at the annual James P. White Lecture on Legal Education.
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Practitioners say recent tax rulings help clarify precedentRestricted Content

April 14, 2010
Michael Hoskins
When Indianapolis attorney Larry Stroble read two recent rulings from the Indiana Tax Court, he saw one consistent message that speaks broadly to an overall inadequacy of the legal system.
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Justices rule on trust mill UPL case

April 14, 2010
Michael Hoskins
The Indiana State Bar Association has won an unauthorized practice of law action against an estate planning services company, but wasn't able to completely sway the state's highest court that all "costs and expenses" should be completely granted for the prosecution of the case.
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Judicial Center education director to retire

April 13, 2010
Michael Hoskins
The longtime education director for the Indiana Judicial Center is retiring at the end of April, capping a career that's given her the chance to develop and put in place countless instructive programs for the state's judiciary.
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Ex-racer loses appeal on Porsche ownershipRestricted Content

April 13, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has issued its take on an ownership dispute over a classic 1979 Porsche on display at the Indianapolis Motor Speedway Foundation's Hall of Fame Museum.
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Court denies request for emancipation, child support change

April 13, 2010
Michael Hoskins
In deciding whether a father's child support requirement should be modified or ended, the Indiana Court of Appeals refused to adopt new reasoning that any child attending college could be deemed emancipated if that child didn't live in the custodial parent's home.
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Court reverses handgun conviction

April 12, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.
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AG objects to East Chicago settlement

April 12, 2010
IL Staff
The Indiana Attorney General has filed an objection to a City of East Chicago deal with Second Century, a for-profit company that has received casino money, that would settle a lawsuit between the parties.
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Law professor ends 15-month nomination battle

April 12, 2010
Michael Hoskins
On a historic day when a longtime U.S. Supreme Court justice announced his retirement and an Indianapolis judge marked his investiture to the 7th Circuit Court of Appeals, an Indiana law professor withdrew her name from consideration for a post with the Department of Justice.
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High court upholds life sentenceRestricted Content

April 9, 2010
Jennifer Nelson
The Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities to reform, but that he continued to commit crimes.
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Tax court relocating

April 7, 2010
Jennifer Nelson
The Indiana Tax Court is relocating, but the court won't be moving very far. It's moving two floors down in its current building, the National City Center in Indianapolis.
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Justices grant 2 transfers

April 6, 2010
Michael Hoskins
The Indiana Supreme Court has agreed to consider cases that involve a trial court's handling of a mentally ill murder defendant, and whether the First Amendment protects a volunteer firefighter's e-mails about the township department's financial situation.
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Governor appoints 2 city court judges

April 6, 2010
Michael HoskinsMore

Justices to hear card-counting case Wednesday

April 5, 2010
IL Staff
The Indiana Supreme Court will hear arguments in three cases Wednesday, including whether a casino can ban someone who counts cards.
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Prosecutor ordered lenient deal for business partner's client

April 5, 2010
Cory Schouten
Marion County Prosecutor Carl Brizzi last year intervened in a major drug case to offer a reduced sentence over objections from both law enforcement officers and his own deputy prosecutors.
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Indiana soldiers refile suit against contractors

April 5, 2010
Jennifer Nelson
Members of the Indiana National Guard have refiled a toxic exposure suit against Texas contractors in a Houston federal court. The suit, originally filed in Indiana federal court in 2008, was dismissed in February for lack of personal jurisdiction.
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Judge dissents on qualified immunity issue

April 5, 2010
Jennifer Nelson
Judges on the 7th Circuit Court of Appeals disagreed as to whether law enforcement officers were entitled to qualified immunity for their use of flash-bang devices in attempting to remove a suicidal man from his home.
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