Courts

Senate passes new COA panel bill

February 24, 2009
Michael Hoskins
The Indiana Senate has given its OK to add three judges to the state's second highest appellate court.
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Counties wanting local video can apply now

February 23, 2009
IL Staff
Indiana counties that would like a customized self-represented litigant video can apply to the Indiana Supreme Court Division of State Court Administration Indiana Family Court Project.
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COA reverses denial of prisoner's petition

February 23, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of an incarcerated man's petition for child support modification after determining the trial court incorrectly imputed his weekly gross income.
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Lawmakers vote on COA panel, Lake County fee

February 20, 2009
Michael Hoskins
Both houses of the Indiana General Assembly took action on court-related legislation Thursday.
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New 1st district rep named to commission

February 20, 2009
IL Staff
Evansville native Christine H. Keck has been appointed to represent the first district on the Indiana Commission on Judicial Qualifications, the Indiana Supreme Court announced today.
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High court grants transfer to 3 cases

February 20, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to three cases Thursday, including one case involving challenges to a ruling on pretrial motions after a guilty plea.
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Bank wrongfully refused to pay cashier's check

February 20, 2009
Jennifer Nelson
In an issue of first impression as to what circumstances an issuing bank may refuse to pay a cashier's check, the Indiana Court of Appeals ruled in the instant case the issuing bank wasn't entitled to stop payment on it later.
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Court: grandparent visitation survives adoption

February 19, 2009
Michael Hoskins
State statute clearly allows grandparent visitation to survive a child's adoption by another biological grandparent, the Indiana Court of Appeals has ruled.
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Justices affirm 1989 murder convictions

February 19, 2009
Michael Hoskins
The Indiana Supreme Court has upheld four murder convictions against a Lakeville man who as a teenager killed his family 20 years ago.
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Court affirms delay in jury trial for congestion

February 18, 2009
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant's arguments that because his request for a speedy trial was in writing, his trial should take priority over another man's trial scheduled for the same day.
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County, court don't have to give back pay

February 17, 2009
Jennifer Nelson
A former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief, the Indiana Court of Appeals ruled today.
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Breaking: Election of justices bill debated today

February 17, 2009
IL Staff
House Joint Resolution 9, which calls for the election of Indiana Supreme Court justices, has been reassigned to the Committee on Government and Regulatory Reform and is on the agenda to be debated today before the House comes back at 1 p.m.
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House committee split, justice election bill stuck

February 17, 2009
Michael Hoskins
Legislation aimed at changing how the Indiana Supreme Court justices are chosen hasn't gotten enough support to make it out of committee for now, getting a split vote from lawmakers that means it won't be going to the full House for consideration.
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Judge holds public hearings on foreclosure rule

February 17, 2009
IL Staff
Marion Superior Judge Cynthia Ayers is holding public hearings today and Thursday regarding the proposed local rule, 49-TR85-231, which would require mandatory mediation for mortgage foreclosure cases in Marion County.
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Court rules in favor of town in disannexation suit

February 17, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled in favor of a town in a disannexation order because the plaintiffs in the case didn't file their complaint for relief until after the statute of limitations had run out.
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High-profile federal trials slated for early 2009

February 16, 2009
Michael Hoskins
The first half of the year is shaping up to be a time of high-profile trials for Indiana's federal courts.
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Outside accounting ordered in LLC dissolution

February 16, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a judgment in favor of one of the owners of a dissolved LLC, finding the trial court erred when it entered judgment against the other owner personally without ordering an outside accounting of the company's finances.
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House passes St. Joseph judicial election bill

February 13, 2009
Michael Hoskins
In a historically notable vote, the Indiana House of Representatives passed a bill that would elect St. Joseph Superior judges rather than stick with a merit-selection and retention system in place for 35 years.
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Bill: Legal aid services can assess indigency

February 13, 2009
Michael Hoskins
Indiana lawmakers want the state's legal aid and pro bono programs to have one less hurdle to navigate through when representing indigent clients, agreeing that there's no need to always tie up court time in establishing indigency.
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Opinion examines history of Fireman's Rule

February 13, 2009
Jennifer Nelson
After delving into the history of caselaw involving Indiana's Fireman's Rule, the Indiana Court of Appeals determined a couple's complaint against an Indianapolis strip club is barred by the rule.
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Court upholds sentence-reduction denial

February 12, 2009
Jennifer Mehalik
Even though a defendant may be eligible for a sentence reduction under new crack cocaine sentencing guidelines, it is up to the District Court's discretion to grant a reduced sentence, the 7th Circuit Court of Appeals ruled today.
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Order that law firm pay attorney fees reversed

February 12, 2009
Jennifer Mehalik
The Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial court granted the award.
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Judges disagree on if remand is necessary

February 11, 2009
Jennifer Mehalik
The Indiana Court of Appeals reversed and remanded a trial court's grant of an ex-wife's petition for additional relief for funds, finding the trial court didn't hear evidence on certain "critical" factors. The judges on appeal didn't agree as to whether the case should be remanded.
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Court: ALJ's ruling had several errors

February 11, 2009
Jennifer Mehalik
Finding an administrative law judge's decision to deny a woman's claim for disability benefits contained several significant errors, the 7th Circuit Court of Appeals vacated the District Court's affirmation of the denial and remanded the case to the Social Security Administration.
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Lake County fee bill moves forward

February 10, 2009
Michael Hoskins
The House Judiciary Committee met this morning to consider five bills that included assessing a $10 fee for Lake County court filings, which would be used to fund a consolidated judicial center.
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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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