Courts

SCOTUS denies Evansville shopping center case

January 19, 2010
Michael Hoskins
The nation's highest court has refused to accept a case from the Indiana Supreme Court, which almost a year ago reduced a $2.3 million jury award in favor of an Evansville shopping center owner because of traffic flow issues created by the state.
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COA: No presumption of undue influence

January 19, 2010
Jennifer Nelson
A 2005 amendment to Indiana Code sets aside the common law presumption of undue influence with respect to certain transactions benefiting an attorney in fact, the Indiana Court of Appeals ruled today on an issue of first impression.
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Dad who took son owes arrearage to mom

January 19, 2010
Jennifer Nelson
The Indiana Court of Appeals split today in its decision of who should receive back child support payments from a father who kidnapped his son for 16 years before turning himself in when the son was 23 years old.
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Bill proposes monetary relief for exonoree

January 18, 2010
Jennifer Nelson
A man recently released from prison after DNA evidence proved his innocence may receive $100,000 if one Indiana representative's bill passes.
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State funding of judges being explored

January 15, 2010
Michael Hoskins
Lawmakers rejected a southern Indiana county's request this week for a new judge to run a family court, even though it proposes paying for it locally rather than with state money.
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Justices decide statute, court rule issue

January 15, 2010
Michael Hoskins
Even if a court rule is no longer relevant and an underlying state statute has been removed from the books, the Indiana Supreme Court says it still applies and must be followed until the justices revisit it themselves or say otherwise.
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Committees discuss various bills in second week

January 15, 2010
Michael Hoskins
The Indiana General Assembly made some of its first votes this week, while four legislative committees discussed an array of issues that may be of interest to the state's legal community.
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Justices accept 2 civil cases

January 15, 2010
Michael Hoskins
Two civil cases got the go ahead from the Indiana Supreme Court this week to move up for consideration by the state's justices.
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Law clear only guarantor's signature needed

January 14, 2010
Jennifer Nelson
The Indiana Court of Appeals ruled on a guaranty issue today that is "so well-settled" in state law that the judges had difficulty finding recent cases restating it.
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Law school reject sues to take bar exam

January 14, 2010
Jennifer Nelson
An Indianapolis man is suing the state Supreme Court justices and Board of Law Examiners because he believes he should be able to take the bar exam even if he didn't go to law school.
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COA: Storage fees capped per statute

January 13, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing company, but those fees must be capped at $1,500.
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Justices to hear cheek swab, blood draw cases

January 13, 2010
Jennifer Nelson
The Indiana Supreme Court is set to hear three arguments Thursday, including a case that challenges whether reasonable suspicion alone is sufficient for law enforcement to obtain DNA from a cheek swab.
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Suit filed after statute of limitations end

January 12, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment for a company that purchases and collects charged-off credit card debt, ruling the statute of limitations prevented the company from going after a delinquent consumer.
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Woman can't prove pregnancy discrimination

January 12, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for a stone company after finding a woman couldn't prove the company knew she was pregnant when it decided to relocate her to another office.
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Monroe County drug court wins award

January 12, 2010
IL Staff
The Monroe County Drug Treatment Court recently received a national award for its efforts to foster community transformation by reducing drug addiction and crime.
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Justices take case of dismissed drug charges

January 8, 2010
Jennifer Nelson
The Indiana Supreme Court will decide whether a trial court was correct when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against the man based on that search.
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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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  1. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

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