Courts

Nominations would fill 3 U.S. District judicial posts.

January 20, 2010
Michael Hoskins
A federal magistrate, a trial court judge, and a banking attorney who's served as a federal and county prosecutor are in line to be the newest additions to Indiana's federal bench.
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Housing can cause conflicts in divorces

January 20, 2010
Rebecca Berfanger
There is often obvious animosity between a husband and wife who are divorcing, and for those still living under one roof, more problems can arise.
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Circuit Court upholds attorney-fee reduction

January 19, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals wasn't swayed by an attorney's arguments that the amount of attorney's fees he was entitled to shouldn't have been reduced by nearly $90,000.
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SCOTUS denies Evansville shopping center case

January 19, 2010
Michael Hoskins
The nation's highest court has refused to accept a case from the Indiana Supreme Court, which almost a year ago reduced a $2.3 million jury award in favor of an Evansville shopping center owner because of traffic flow issues created by the state.
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COA: No presumption of undue influence

January 19, 2010
Jennifer Nelson
A 2005 amendment to Indiana Code sets aside the common law presumption of undue influence with respect to certain transactions benefiting an attorney in fact, the Indiana Court of Appeals ruled today on an issue of first impression.
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Dad who took son owes arrearage to mom

January 19, 2010
Jennifer Nelson
The Indiana Court of Appeals split today in its decision of who should receive back child support payments from a father who kidnapped his son for 16 years before turning himself in when the son was 23 years old.
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Bill proposes monetary relief for exonoree

January 18, 2010
Jennifer Nelson
A man recently released from prison after DNA evidence proved his innocence may receive $100,000 if one Indiana representative's bill passes.
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State funding of judges being explored

January 15, 2010
Michael Hoskins
Lawmakers rejected a southern Indiana county's request this week for a new judge to run a family court, even though it proposes paying for it locally rather than with state money.
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Justices decide statute, court rule issue

January 15, 2010
Michael Hoskins
Even if a court rule is no longer relevant and an underlying state statute has been removed from the books, the Indiana Supreme Court says it still applies and must be followed until the justices revisit it themselves or say otherwise.
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Committees discuss various bills in second week

January 15, 2010
Michael Hoskins
The Indiana General Assembly made some of its first votes this week, while four legislative committees discussed an array of issues that may be of interest to the state's legal community.
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Justices accept 2 civil cases

January 15, 2010
Michael Hoskins
Two civil cases got the go ahead from the Indiana Supreme Court this week to move up for consideration by the state's justices.
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Law clear only guarantor's signature needed

January 14, 2010
Jennifer Nelson
The Indiana Court of Appeals ruled on a guaranty issue today that is "so well-settled" in state law that the judges had difficulty finding recent cases restating it.
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Law school reject sues to take bar exam

January 14, 2010
Jennifer Nelson
An Indianapolis man is suing the state Supreme Court justices and Board of Law Examiners because he believes he should be able to take the bar exam even if he didn't go to law school.
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COA: Storage fees capped per statute

January 13, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing company, but those fees must be capped at $1,500.
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Justices to hear cheek swab, blood draw cases

January 13, 2010
Jennifer Nelson
The Indiana Supreme Court is set to hear three arguments Thursday, including a case that challenges whether reasonable suspicion alone is sufficient for law enforcement to obtain DNA from a cheek swab.
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Suit filed after statute of limitations end

January 12, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment for a company that purchases and collects charged-off credit card debt, ruling the statute of limitations prevented the company from going after a delinquent consumer.
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Woman can't prove pregnancy discrimination

January 12, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for a stone company after finding a woman couldn't prove the company knew she was pregnant when it decided to relocate her to another office.
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Monroe County drug court wins award

January 12, 2010
IL Staff
The Monroe County Drug Treatment Court recently received a national award for its efforts to foster community transformation by reducing drug addiction and crime.
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Justices take case of dismissed drug charges

January 8, 2010
Jennifer Nelson
The Indiana Supreme Court will decide whether a trial court was correct when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against the man based on that search.
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Man accuses public defenders of malpractice

January 8, 2010
Jennifer Nelson
An accused child molester who sat in jail for 2 1/2 years until his case was dismissed is suing his former public defenders for legal malpractice.
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Justices overturn man's registration requirement

January 7, 2010
Jennifer Nelson
A Grant Superior judge erred in sentencing a man to register as a sex offender because that requirement wasn't in place at the time he committed his crime, the Indiana Supreme Court ruled.
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Suit claims courthouse violates ADA

January 7, 2010
Jennifer Nelson
Four defendants in cases pending before the St. Joseph Superior Court have filed a lawsuit claiming that county's courthouse is inaccessible for people with disabilities
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CHINS finding establishes only status of child

January 6, 2010
Jennifer Nelson
A finding that a child is in need of services only establishes the status of the child and means the child is a CHINS even if one parent isn't involved in the reasons for the determination, the Indiana Supreme Court ruled today
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Federal case challenges policies of Marion County Traffic Court

January 6, 2010
Michael Hoskins
A new lawsuit against Marion County's Traffic Court has implications for how all state-level judges handle fines for citations and violations, and raises questions about whether a part of the judicial system in Indiana's largest county operates fairly and openly.
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Parents, child service provider group sue DCS over subsidies

January 6, 2010
Michael Hoskins
In a one-two punch, a pair of lawsuits filed a week apart in December hit the Indiana Department of Child Services square in the gut over how the agency planned to reduce payment rates for foster and adoptive parents and juvenile service providers.
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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "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

  4. 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."

  5. 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.

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