Courts

Indiana attorney set for SCOTUS Wednesday

January 27, 2010
Michael Hoskins
A Terre Haute attorney is making his sixth argument before the nation's highest court Wednesday, but his first before the newest justice. This time he's there on a case that could ultimately change campaign-finance disclosure rules nationally.
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Court commissioner publicly admonished

January 26, 2010
Jennifer NelsonMore

Immunity extends to underlying diagnoses

January 26, 2010
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals concluded that a hospital's statutory immunity for reporting suspected child abuse to authorities extends to its underlying diagnosis.
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Justices take question on salvage statute

January 25, 2010
Jennifer Nelson
The Indiana Supreme Court has accepted a certified question from the 7th Circuit Court of Appeals about a statute on salvage titles that the federal court deemed ambiguous.
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High court grants transfer to voter ID case

January 25, 2010
Jennifer Nelson
The Indiana Supreme Court will decide whether the state's voter identification law violates the Indiana Constitution.
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Masters appointed in cases of 2 judges

January 25, 2010
Jennifer Nelson
The Indiana Supreme Court has appointed masters to the disciplinary cases of Bicknell City Court Judge David A. Moreland and LaPorte Superior Judge Jennifer Evans Koethe.
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COA: Parole revocation not unconstitutional

January 25, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed that the decision to revoke a defendant's parole because he refused to take a polygraph test wasn't based on an impermissible ex post facto application of state statute.
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Senate gets resolution on marriage, civil unions

January 22, 2010
Michael Hoskins
The Senate Judiciary Committee spent most of its time this week discussing the definition of marriage in Indiana and whether a constitutional amendment should be sent to voters to make it tougher for courts and legislators to rewrite how they handle both gay marriage and civil unions.
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Justices abandon 'mere possession' rule

January 22, 2010
Jennifer Nelson
The Indiana Supreme Court's decision Thursday abandoned the "mere possession rule" when it comes to convictions of theft and receiving stolen property and restored the state's original view that the possession of recently stolen property should be considered with other evidence in the case.
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High court takes sentence-review case

January 22, 2010
Jennifer Nelson
The state's highest court has decided to take a case in which a defendant questioned whether the appellate review of a sentence should consider the suspended portion of a sentence as qualitatively different from the executed portion when determining if a sentence is inappropriate.
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Committee action deadline nearing

January 22, 2010
Michael Hoskins
The Indiana General Assembly's influential judiciary committees have a packed week ahead where both representatives and senators will review a mass of legislation as deadline approaches.
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State of Judiciary to air on PBS

January 22, 2010
IL Staff
For those who weren't able to catch Chief Justice Randall T. Shepard's State of the Judiciary in person or want to see it again, Indiana Public Broadcasting Stations around the state will air the speech next week.
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Judge blocks DCS rate changes for now

January 21, 2010
Michael Hoskins
A federal judge in Indianapolis has temporarily blocked the Indiana Department of Child Services from reducing the amounts it pays to foster and adoptive parents and juvenile-service providers.
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COA in Carmel to hear appeal of sanctions

January 20, 2010
Jennifer Nelson
The Indiana Court of Appeals visits Carmel High School Thursday to hear arguments in a case stemming from a propane gas explosion.
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Chief justice: courts handling the tough times

January 20, 2010
Michael Hoskins
The recession has hit Indiana's judiciary just as it has everyone else, but the state's chief justice said record numbers of cases are slamming the courts and the General Assembly can help ease that caseload.
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Former attorney gets probation in fraud case

January 20, 2010
Jennifer Nelson
A former attorney who pleaded guilty to mail fraud last year was sentenced to 3 years probation Tuesday by a federal judge.
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COA: annexed parcels must touch each other

January 20, 2010
Jennifer Nelson
The Indiana Court of Appeals reaffirmed today that Indiana requires that an annexation ordinance applies only to solid, unbroken areas of land. This issue arose in an annexation dispute between two northern Indiana towns.
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Majority: No double jeopardy in enhancement

January 20, 2010
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals was divided about whether a man's sentence enhancement based on his use of a deadly weapon violated the application of double-jeopardy principals.
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Sidebars: Pancake house offers delightful fare

January 20, 2010
Jennifer Lukemeyer, Fred Vaiana
When I travel, all intentions of eating healthy or not eating a lot go right out the window. When I travel with someone who has the same affinity for food, it is even worse. When I travel with my partner Jim Voyles, I make sure I wear pants with extra room because it is going to be a pig-fest all day long as it was on our recent trip to Michigan City.
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Bill seeks to repeal placements statuteRestricted Content

January 20, 2010
Michael Hoskins
Lawmakers are considering legislation that would repeal a last-minute 2009 special session provision that gave the Indiana Department of Child Services key control in deciding whether juveniles should be placed outside the state.
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Appellate case 'purgatory' exists in Indiana's government center basementRestricted Content

January 20, 2010
Michael Hoskins
Outside of courtrooms, conference rooms, and law firm offices, there's a place that most lawyers don't often see but is an essential step in the process cases go through at the Indiana appellate level.
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Suspended LaPorte judge acquitted at trial

January 20, 2010
Michael Hoskins
A suspended LaPorte Superior judge has been acquitted of any criminal charges involving an accidental shooting where her head was grazed by a bullet and led to accusations that she tried to cover up details about what happened.
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Nominations would fill 3 U.S. District judicial posts.Restricted Content

January 20, 2010
Michael Hoskins
A federal magistrate, a trial court judge, and a banking attorney who's served as a federal and county prosecutor are in line to be the newest additions to Indiana's federal bench.
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Housing can cause conflicts in divorcesRestricted Content

January 20, 2010
Rebecca Berfanger
There is often obvious animosity between a husband and wife who are divorcing, and for those still living under one roof, more problems can arise.
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Circuit Court upholds attorney-fee reduction

January 19, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals wasn't swayed by an attorney's arguments that the amount of attorney's fees he was entitled to shouldn't have been reduced by nearly $90,000.
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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