Courts

Defendant not harmed by refusal to grant mistrial

July 25, 2012
Jennifer Nelson
The Indiana Supreme Court found no harm was done when an uncooperative defendant’s mouth was covered by a bailiff in order to quiet the man, so the trial court correctly denied the defendant’s motion for a mistrial.
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Darden retires, announces McKinney scholarship

July 25, 2012
Dave Stafford
Court of Appeals Judge Carr L. Darden will establish a scholarship in the name of himself and his wife of 57 years at his alma mater, the Indiana University McKinney School of Law in Indianapolis. The judge and other officials announced the scholarship Wednesday during his Statehouse retirement ceremony.
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Judge: consider corroborative evidence in certain molestation cases

July 25, 2012
Jennifer Nelson
Indiana Court of Appeals Judge John Baker thinks it’s time that corroborative evidence be required in child molestation cases in which the charges are supported by the testimony of a single witness.
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School bus drivers can’t sue school corporation for collusion

July 25, 2012
Jennifer Nelson
The lawsuit for collusion brought by 13 North Gibson School Corporation bus drivers against the school corporation as a result of bids for a transportation services contract failed on interlocutory appeal before the Indiana Court of Appeals.
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Federal judge rules against environmental groups in I-69 suit

July 25, 2012
Jennifer Nelson
The two environmental organizations challenging the construction of Interstate 69 in southern Indiana lost in federal court Tuesday. The lawsuit filed by Hoosier Environmental Council and Citizens for Appropriate Rural Roads dealt with the stretch of the interstate from Washington, Ind. to Scotland, Ind.
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7th Circuit reverses ACCA enhancement

July 24, 2012
Jennifer Nelson
Based on a sparse record of evidence that the District Court could consider in determining whether a man can be sentenced under the Armed Career Criminal Act, the 7th Circuit Court of Appeals found the government didn’t meet its burden to prove two of the man’s previous convictions from events on the same day were separate predicate offenses under the Act.
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Court rules for Indianapolis Housing Agency in suit brought by ex-employee

July 24, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment for the Indianapolis Housing Agency, finding the agency had a qualified privilege to report an employee’s suspected criminal conduct while on the job.
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Son’s suit against father not barred by Indiana Guest Statute

July 23, 2012
Jennifer Nelson
A divided Indiana Supreme Court has found that a lawsuit filed by a son after his father hit him with his car while the son tried to help his father park isn’t barred by Indiana’s Guest Statute.
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Judges affirm construction company had to pay into union funds

July 23, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with an Indiana federal court that a construction company that entered into a working agreement with a cement masons union had to contribute to two funds for all hours worked, not just bargaining unit work.
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Chief justice appoints 2 to rules committee

July 23, 2012
Jennifer Nelson
Indiana Chief Justice Brent E. Dickson has appointed Lake Superior Judge Calvin D. Hawkins and Muncie attorney Perry Gregory Cross to the Indiana Supreme Court Committee on Rules of Practice and Procedure.
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Man not entitled to disability benefits

July 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals was sympathetic to a man’s medical condition but affirmed the decision by an administrative law judge that he’s not disabled is supported by the evidence.
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Court upholds probation revocation

July 20, 2012
Jennifer Nelson
All of the arguments made by a man as to why his probation shouldn’t have been revoked failed before the Indiana Court of Appeals.
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Judges affirm 65-year murder sentence

July 20, 2012
Jennifer Nelson
Nothing about the defendant’s “extremely violent character” merited the Indiana Court of Appeals to reduce his murder sentence, the appellate judges ruled Friday.
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Darden retirement ceremony July 25

July 20, 2012
IL Staff
The Indiana Court of Appeals will celebrate Judge Carr Darden’s 18 years of service at a retirement ceremony July 25. Darden is leaving the court because will turn 75 Saturday, the age of mandatory retirement. He will continue to serve as a senior judge.
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COA upholds molester’s sentence, registration requirement

July 19, 2012
Jennifer Nelson
The trial court order that a Vigo County man convicted of child molesting must register as a sexually violent predator did not violate the ex post facto clause of the Indiana Constitution, the Court of Appeals ruled.
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Indiana seeks to overturn EPA decision on air quality in Lake, Porter counties

July 19, 2012
IL Staff
Gov. Mitch Daniels and Indiana Attorney General Greg Zoeller said Wednesday they will appeal the U.S. Environmental Protection Agency’s decision to designate Lake and Porter counties as nonattainment regarding ozone.
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Judges send teen’s emotional distress case back to trial court

July 19, 2012
Jennifer Nelson
The Indianapolis teenager who saw his deceased mother’s remains being dragged out of their apartment on a mattress because she was extremely obese will have his claim for damages for intentional infliction of emotional distress against the coroner and city heard by the trial court.
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Mother of man shot to death at Kroger files suit

July 19, 2012
Scott Olson
The mother of an Indianapolis man fatally shot in December by a Kroger manager during what police determined was an attempted robbery is suing the supermarket chain for wrongful death.
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10 Supreme Court semifinalists selected

July 18, 2012
IL Staff
Six women and four men are semifinalists for appointment to the Indiana Supreme Court.
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Interviews for Supreme Court opening continue

July 18, 2012
Dave Stafford
The Indiana Judicial Nominating Commission continued interviews Wednesday with the 22 candidates vying to replace retiring Justice Frank Sullivan Jr. The interviews concluded around noon, and the commission will narrow the list this afternoon to those who will be interviewed a second time in August.
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Tests not required to disprove arrestee intoxication

July 18, 2012
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals rejected a woman’s argument that the Indiana Code requires law enforcement personnel to evaluate if there could be other reasons a person is displaying signs of intoxication before arresting her for public intoxication.
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COA affirms rulings for Sellersburg in annexation case

July 18, 2012
Jennifer Nelson
The town of Sellersburg’s annexation proceedings should take priority over an incorporation proceeding involving the same area of land, the Indiana Court of Appeals held.
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Judges send insurance case back to trial court

July 18, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the trial court’s grant of summary judgment in favor of an insurer in a dispute over whether it should pay a claim for underinsured motorist coverage.
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State will appeal IBM ruling

July 18, 2012
Jennifer Nelson
The state is going to appeal Wednesday’s decision in Marion Superior Court that it pay IBM $52 million for ending early its billion-dollar contract with the company to update the state’s welfare system.
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Comment needed on bankruptcy local rule changes

July 18, 2012
IL Staff
The United States Bankruptcy Court in the Southern District of Indiana is seeking comment on proposed amendments to its local rules. The changes include references to the local rules of the District Court.
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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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