Courts

Man didn't timely file petition to reopen estates

March 17, 2010
Jennifer Nelson
A trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because he failed to timely file his petition, the Indiana Court of Appeals affirmed.
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Boy can't sue for lack of probable cause

March 17, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.
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SCOTUS chief justice to speak at IU-Indy

March 17, 2010
IL Staff
The chief justice of the United States Supreme Court will deliver the ninth annual James P. White Lecture on Legal Education at Indiana University School of Law - Indianapolis.
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7th Circuit: counsel assistance wasn't ineffective

March 17, 2010
Jennifer Nelson
A defendant didn't receive ineffective assistance of counsel when his attorneys failed to raise the issue of comments made by his victim's mother during the trial, the 7th Circuit Court of Appeals ruled.
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Couple not a 'successful party' in settlement

March 16, 2010
Jennifer Nelson
Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
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Mortgage company didn't act in good faith

March 16, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because it didn't act in good faith in providing a mortgage that was obtained by fraud.
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Legislature's end suspenseful for legal community

March 15, 2010
Michael Hoskins
As the Indiana General Assembly got down to its final hours in a short-session, significant changes for the Hoosier legal community were on the table to possibly increase the number of appellate judges, change how one county chooses its trial judges, and impact how juveniles can be placed outside the state.
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Lawmakers miss self-imposed deadline

March 12, 2010
Jennifer Nelson
The Indiana General Assembly tried to end the session more than a week before the constitutional March 14 deadline, but impasses on school funding and unemployment insurance caused the legislators to miss their March 4 self-imposed deadline.
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Judges disagree on chemical possession charge

March 12, 2010
Jennifer Nelson
A panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged with possession with intent to manufacture methamphetamine.
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High court takes tax issue

March 12, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday to a property-tax exemption case which depends on whether the real property is owned or predominately used for religious or charitable purposes.
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Racketeering case nets $108 million in damages

March 12, 2010
Michael Hoskins
A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages on a civil racketeering case, but in doing so he's rejected the Indiana Attorney General's most novel and far-reaching legal arguments centered on public corruption in East Chicago.
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Legislators revisit vetoed merit-selection measure

March 12, 2010
Michael Hoskins
In the final days of the Indiana General Assembly session, as lawmakers pushed to finish and put final touches on the end-of-term business, a 2009 measure that divided the Hoosier legal community came back into play.
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BREAKING: Panel OKs magistrate's nomination

March 11, 2010
Michael Hoskins
The Senate Judiciary Committee has voted in favor of U.S. Magistrate Judge Jane E. Magnus-Stinson's nomination for a federal judgeship.
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Defendant must prove inability to pay

March 11, 2010
Jennifer Nelson
The defendant bears the burden of proving that he or she wasn't able to provide support at a probation revocation hearing for failing to support dependants, the Indiana Court of Appeals held today.
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COA split on impact of jury instruction omission

March 11, 2010
Jennifer Nelson
One Indiana Court of Appeals judge dissented from his colleagues' decision to grant a new trial based on the lack of a jury instruction on robbery because he didn't think the defendant was prejudiced by the omission.
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High court rules on prisoners issues

March 11, 2010
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Wednesday in which the high court expressly adopted the "prison mailbox rule" and determined a majority of the Indiana Parole Board constitutes the full parole board when making final decisions.
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Indy magistrate gets Senate panel's approval

March 11, 2010
Michael Hoskins
An Indianapolis federal magistrate joins two of her colleagues in getting a U.S. Senate committee's approval to become an Article III judge for Indiana.
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Lawyer faces child pornography charges

March 11, 2010
Jennifer Nelson
An Anderson attorney is in a community confinement facility after being arrested for distribution and possession of child pornography.
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Vote expected on Indiana federal magistrate

March 10, 2010
Michael Hoskins
A U.S. Senate committee is expected to discuss and vote Thursday on an Indianapolis federal magistrate judge's nomination for a judgeship in the Southern District of Indiana.
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COA rules on landowner first-impression issue

March 10, 2010
Jennifer NelsonMore

Prior misconduct negates self-defense claim

March 8, 2010
Jennifer Nelson
Evidence of a defendant's prior alleged domestic violence incidents against his ex-wife shouldn't have been admitted to explain the ex-wife's animosity toward him, the Indiana Court of Appeals concluded today. However, the evidence was admissible because it was relevant to prove the ex-husband's motive to commit the domestic violence he was charged with in the instant case.
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SCOTUS declines death row inmate's appeal

March 8, 2010
Michael Hoskins
The nation's highest court has declined to accept a death row inmate's case, leaving intact an Indiana judge's ruling that OK'd a federal prison policy banning face-to-face interviews with reporters.
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Justice ponders importance of party-line vote

March 5, 2010
Michael Hoskins
As the Indiana Supreme Court justices considered the constitutionality of the state's voter ID law this week, one jurist wondered how much the legislative process might factor into the court's analysis of whether a statute is constitutional.
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Justices disagree about evidence issue

March 5, 2010
Jennifer Nelson
Indiana Supreme Court Chief Justice Randall T. Shepard didn't agree with his colleagues' decision that a defendant couldn't introduce evidence to dispute the judgment of an injured plaintiff's medical providers in choosing certain treatment.
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Appellate ruling addresses priority rights

March 5, 2010
Jennifer Nelson
In reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.
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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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