Courts

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 sentence

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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FMLA leave doesn't accrue hours for benefits

April 2, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has affirmed an Indiana District judge's decision that an employee on family medical leave doesn't accrue those hours for benefits and can be fired for violating attendance policies.
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Court puts death penalty case on hold

April 2, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has reversed an Indianapolis judge's decision on a death penalty case, putting a condemned convict's death penalty appeal on hold indefinitely because of his current mental state.
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Maintenance affects state courts online services

April 1, 2010
IL Staff
Scheduled maintenance will make several online services provided on the Indiana Court's Web site unavailable beginning today at 7 p.m.
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COA upholds termination of parental rights

April 1, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence. The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to prove her drug use when she repeatedly refused to submit to drug testing.
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Legal process on mental illness isn't yet where it should be

March 31, 2010
Michael Hoskins
Courts nationally began in the mid-1990s to focus on mental illness and how the judiciary could fine-tune what it does to better address that issue. But many within the Hoosier legal community say that the criminal justice system hasn't gone far enough in the past decade, and both the courts and society are a long way from where they need to be on addressing mental illness.
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Recent SCOTUS ruling was 'brainchild' of Terre Haute attorney Jim Bopp

March 31, 2010
Michael Hoskins
In the world of campaign finance and election law, Terre Haute attorney Jim Bopp is one of the leading legal minds involved in some of the most influential cases in these areas of law.
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2 county court systems get e-filing approval

March 31, 2010
Michael Hoskins
Two of Indiana's largest counties are getting close to putting electronic filing plans into place after receiving a green light from the Indiana Supreme Court late last year and early this year for pilot projects.
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SCOTUS rules against student-loan company

March 31, 2010
Jennifer Nelson
The Supreme Court of the United States clarified March 23 the discharge of federal student-loan debt in bankruptcy involving an Indianapolis-based education loan guarantor.
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Technology Untangled: Don't be intimidated by hard drive upgrade

March 31, 2010
Stephen Bour
Screwdriver: Check. $47 hard drive cloning device: Check. That's the complete list of tools needed to EASILY upgrade your computer's hard drive.
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Court issues UPL ruling about 'general counsel'

March 31, 2010
Scott Olson
A top executive of Celadon Group Inc. can no longer represent himself as the Indianapolis-based trucking company's attorney because of a glaring omission - he is not licensed to practice law in Indiana.
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Federal Bar Update: Diversity test for corporations now settled

March 31, 2010
John Maley
For diversity jurisdiction purposes, one area of uncertainty for many years has been how to determine the citizenship of a corporation.
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Judges disagree on retroactive support issue

March 31, 2010
Jennifer Nelson
In a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether a court has the authority to reach into an intact marriage and order a party to pay child support to the other.
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COA sets standard in parental rights cases

March 31, 2010
Michael Hoskins
In addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial judges must offer findings of fact in those types of cases just as they're required to by law for children in need of services cases and grandparent visitation matters.
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Appellate court to hear arguments in Lafayette

March 30, 2010
IL Staff
A panel of Indiana Court of Appeals will visit Ivy Tech Community College in Lafayette Thursday to hear the appeal of a man challenging his sentence for dealing cocaine.
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COA lengthens defendant's sentence

March 30, 2010
Jennifer Nelson
The Indiana Court of Appeals revised a defendant's sentence for rape and other convictions, but it may not have been what the man had in mind when he appealed. In a rare move, the Court of Appeals increased his sentence by 25 years.
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Judges rule on custody issues

March 30, 2010
Jennifer Nelson
When modifying custody, the change in circumstances required by Indiana Code doesn't need to be so decisive in nature as to make the change necessary for the child's welfare, the Indiana Court of Appeals ruled today.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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