Courts

Governor backs court reforms

December 19, 2008
Michael Hoskins
Expect some talk of sweeping court reforms in the coming legislative session.
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Special masters named in senior judge's case

December 19, 2008
Michael Hoskins
The Indiana Supreme Court has named three trial judges to serve as special masters in the disciplinary action against Senior Judge Walter P. Chapala, formerly of the LaPorte Superior Court.
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Committed woman's charge must be dismissed

December 18, 2008
Jennifer Nelson
Faced with a question the U. S. Supreme Court declined to address more than 35 years ago, the Indiana Supreme Court affirmed a trial court's decision to dismiss a criminal charge against a committed woman who may never be able to stand trial because of incompetence.
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COA: Dealership not denied due process

December 18, 2008
Jennifer Nelson
he Indiana Court of Appeals directly addressed for the first time today the due process implications of an administrative law judge conducting a hearing without the participation of a party who received notice but couldn't be contacted by telephone at the time of the hearing. The appellate court found a car dealership's due process hadn't been violated when it failed to participate in a telephone hearing with the administrative law judge and a former employee.
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Judges differ on insurance coverage

December 18, 2008
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed about whether a school bus driver who also worked as an independent farmer over the summer should be covered by the school corporation's insurance following a car accident while hauling grain.
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Men took substantial steps to commit crime

December 18, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals addressed the same issue in two separate Indiana cases of men chatting on the Internet with people they believed to be teen girls: whether there was evidence the men had taken "substantial steps" toward committing the crimes of enticing a minor to engage in criminal sexual activity.
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High court grants transfer, remands case

December 17, 2008
IL Staff
The Indiana Supreme Court granted transfer Dec. 16 to a post-conviction case and remanded it to the Indiana Court of Appeals.
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Court: Rehabilitation evaluation a must

December 17, 2008
Michael Hoskins
The Indiana Supreme Court says that before any juvenile can be placed on the state's sex offender registry, a trial court must first evaluate whether that minor has been rehabilitated to determine if there's clear and convincing evidence he or she might re-offend.
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Bankruptcy filings up in Indiana

December 16, 2008
Jennifer Nelson
Bankruptcy cases in federal courts have increased more than 30 percent in the fiscal year ending in September as compared to the 2007 fiscal year. In Indiana, bankruptcy cases have increased more than 25 percent in the U.S. District Court's Northern and Southern districts.
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No summary judgment in mailbox case

December 16, 2008
Jennifer Nelson
The owners of a mailbox struck by a woman's car that left the road inexplicably aren't entitled to summary judgment on the woman's negligence claim, the Indiana Court of Appeals affirmed today.
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Justices asked to take Terre Haute mayor case

December 16, 2008
Michael Hoskins
The Indiana Supreme Court is being asked to consider the role a federal law plays in deciding who is Terre Haute's current mayor and whether a special election is needed.
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Jury awards NW Indiana couple $48 million

December 15, 2008
IL Staff
A Lake County jury awarded a couple $48 million for injuries the man sustained after a workplace accident.
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Governor appoints city court judge

December 15, 2008
IL Staff
Governor Mitch Daniels has appointed Brian G. Poindexter as judge of the Carmel City Court.
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Tax sale petitions OK because of lack of notice

December 15, 2008
Jennifer Nelson
The Indiana Court of Appeals ruled in favor of a woman in two separate cases involving the purchase of her property at tax sales in Franklin County after determining she received insufficient notice of the sales.
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Judge argues for suspension, not removal

December 15, 2008
Michael Hoskins
A Marion Superior judge who's been suspended from the bench pending a final decision from the Indiana Supreme Court believes his penalty should fall somewhere between a public reprimand and removal.
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Mom not in contempt over middle name change

December 12, 2008
Jennifer Nelson
A trial court erred in finding a mother in contempt for not changing the middle name of her child, the Indiana Court of Appeals ruled today. The appellate court remanded the case for consideration of whether the name change would be in the best interest of the child.
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Former Allen County judge dies

December 12, 2008
IL Staff
Former Allen Superior Judge Norman E. Baker died Wednesday in Fort Wayne. Baker, an Evansville native, served as an Allen Superior Court Civil Division judge. He also served as a senior judge in the court.
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Supreme Court grants 3 transfers

December 12, 2008
Jennifer Nelson
The Indiana Supreme Court granted three transfers yesterday in cases involving a resisting law enforcement conviction, denial of benefits from Indiana's Second Injury Fund, and the reversal of a jury award filed by a college student cleared of rape.
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Termination rash in special needs CHINS case

December 11, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed the termination of a mother's parental rights to her special needs son, finding the decision would create a "sobering message" to parents of children who need ongoing assistance.
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High court grants transfers with opinions

December 11, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer with opinion to two cases today and granted transfer to another, which it remanded to the Indiana Court of Appeals.
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Judges disagree on trust jurisdiction issue

December 11, 2008
Jennifer Nelson
In a matter of first impression, Indiana Court of Appeals judges disagreed whether an Indiana probate court had subject matter and personal jurisdiction over a trust based in Virginia.
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High court vacates post-conviction relief petition

December 10, 2008
Jennifer Nelson
Although the Indiana Supreme Court vacated the post-conviction court's grant of a petition for relief, it remanded the issue to determine if it should be granted on other grounds raised in the petition.
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COA travels to Terre Haute

December 10, 2008
IL Staff
An Indiana Court of Appeals panel of judges travels to Terre Haute Thursday for arguments in a robbery case out of Vanderburgh County.
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Supreme Court grants 2 transfers

December 9, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer to two cases, one in which the Indiana Court of Appeals reversed a high school student's convictions of battery and disorderly conduct after an altercation with school officials.
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Court tackles 2 first-impression issues

December 9, 2008
Jennifer Nelson
The Indiana Supreme Court ruled on a case today in which there were two issues of first impression, finding consolidation of a trial with a preliminary injunction hearing without notice isn't a reversible error unless a showing of prejudice can be made.
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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. 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.

  5. 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).

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