Courts

Judges disagree on search validity

August 31, 2009
Jennifer Nelson
On remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because she believes the search of the vehicle was unreasonable in light of the recent ruling.
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Instant offense considered 'unrelated' per statute

August 28, 2009
Jennifer Nelson
The trial court was correct in interpreting the state's habitual offender statute to include an instant conviction as one of the "unrelated" convictions referred to in the statute, the Indiana Court of Appeals ruled today.
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Judges disagree on remand instructions

August 28, 2009
Jennifer Nelson
Indiana Court of Appeals judges unanimously agreed today that a defendant's petition for expungement of his arrest shouldn't have been denied by the trial court, but they disagreed as to what should happen on remand.
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Court deputy alleges discrimination

August 27, 2009
Jennifer Nelson
A Marion County deputy sheriff is suing her employer, claiming the sheriff's department discriminated against her when it selected male deputies for open positions within the court system.
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CJ: Most players in appeals acting responsibly

August 26, 2009
Jennifer Nelson
The Indiana chief justice said in an order that he would "smack down" judicial overreaching or overspending.
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COA: Business is a nuisance to homeowners

August 26, 2009
Jennifer Nelson
Despite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.
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Judge must pay $10,000 in disciplinary fees

August 26, 2009
Jennifer Nelson
The judge and former commissioner disciplined for their roles that led to a wrongfully convicted man staying in prison must pay nearly $18,000 in expenses related to their disciplinary proceedings.
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Hearing didn't consider all statutory factors

August 25, 2009
Jennifer Nelson
In a modification of physical custody case, the Indiana Court of Appeals remanded for further proceedings because the trial court was required to hear evidence on and consider all of the factors listed in Indiana Code Section 31-17-2.2-1(b).
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Justices: Appeal not available after guilty plea

August 25, 2009
Jennifer Nelson
A majority of Indiana Supreme Court justices agreed a man who pleaded guilty couldn't appeal the denial of his pre-trial motion to suppress. Yet one justice believed the plea agreement should have been honored according to its terms, which included reserving the right to object to the denial of the motion to suppress.
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Indicted former attorney found dead before trial

August 25, 2009
Jennifer Nelson
A former attorney set to go on trial yesterday was found dead in his home.
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Judge issues lengthy order in strip-search case

August 24, 2009
Jennifer Nelson
A U.S. District Court judge has issued a 91-page order in an "elaborate and expensive litigation" that began after three teenagers were stopped because their car had a broken license plate light.
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Worker's suicide fails chain of causation testRestricted Content

August 21, 2009
Jennifer Nelson
A widow's request for workers' compensation benefits of her deceased husband can't be granted because his death at work was caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain of causation test in trying to prove an initial work-related event led to her husband's death.
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Supreme Court grants 3 transfers

August 21, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer this week to three cases, including a first impression case involving whether someone who has drugs within 1,000 feet of a youth program center run in a church can have their conviction enhanced.
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Justices deny sex offender park ban case

August 21, 2009
Michael Hoskins
The Indiana Supreme Court has declined after nine months to accept a case asking whether registered sex offenders can be banned from parks and recreational areas.
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Female firefighter not discriminated against

August 20, 2009
Jennifer Nelson
The Indianapolis Fire Department didn't discriminate against a short female firefighter when it ordered her to be psychologically evaluated or perform driving tests, the 7th Circuit Court of Appeals affirmed today.
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Brazilian delegation to learn about mediation

August 20, 2009
Jennifer Nelson
A delegation of Brazilian magistrates is in Indianapolis to learn more about U.S. judicial mediation and how it may be applied in Brazilian courts.
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Fax confirmation creates issue of fact

August 20, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.
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Terre Haute federal courthouse opens Monday

August 20, 2009
Jennifer Nelson
After years of debate as to whether Terre Haute would keep a U.S. District Court, a new federal courthouse is set to open Aug. 24.
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Tipton City Court judge dies

August 19, 2009
Jennifer Nelson
Tipton City Court Judge Lewis Daily Harper died Aug. 14 at the age of 85. Judge Harper became city judge in 1997; he also worked as a real estate broker.
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Chief justices to discuss court issues

August 19, 2009
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard and other jurists from the Midwest will talk about important issues affecting their respective courts during a panel discussion Sept. 9 at Indiana University School of Law - Indianapolis.
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Order affirms delinquent fee waivers

August 19, 2009
Michael Hoskins
The Indiana Supreme Court issued an administrative order Tuesday allowing the executive secretary of the Indiana Supreme Court Disciplinary Commission and the executive director of the Indiana Commission on Continuing Legal Education to continue to grant waivers to attorneys for delinquent fees and reinstatement fees assessed pursuant to Admission & Discipline Rules 23(21) and 29(7).
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County not dismissed in fired court clerks suits

August 19, 2009
Jennifer Nelson
Clark County lost in its efforts to be dismissed from suits filed by two fired Clark Circuit Court employees. Chief Judge David F. Hamilton in the U.S. District Court, Southern District of Indiana, ordered the county to file answers to the complaints no later than Sept. 6.
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Judges disagree if testimony is hypothetical

August 18, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice case used hypothetical language that couldn't raise a genuine issue of fact.
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Judge adopts revised sentencing conditions

August 18, 2009
IL Staff
Senior Judge James T. Moody in the U.S. District Court of the Northern District of Indiana issued an order Monday regarding conditions for probation and supervised release.
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Trial court erred in denying motion to continue

August 17, 2009
Jennifer Nelson
A Marion Superior trial court should have granted a woman's motion to continue the day of her bench trial because she had a constitutional right to present a defense to support her involuntary intoxication argument, the Indiana Court of Appeals decided today.
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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?

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  4. 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.

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