Courts

High court takes sentence-review case

January 22, 2010
Jennifer Nelson
The state's highest court has decided to take a case in which a defendant questioned whether the appellate review of a sentence should consider the suspended portion of a sentence as qualitatively different from the executed portion when determining if a sentence is inappropriate.
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Committee action deadline nearing

January 22, 2010
Michael Hoskins
The Indiana General Assembly's influential judiciary committees have a packed week ahead where both representatives and senators will review a mass of legislation as deadline approaches.
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State of Judiciary to air on PBS

January 22, 2010
IL Staff
For those who weren't able to catch Chief Justice Randall T. Shepard's State of the Judiciary in person or want to see it again, Indiana Public Broadcasting Stations around the state will air the speech next week.
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Judge blocks DCS rate changes for now

January 21, 2010
Michael Hoskins
A federal judge in Indianapolis has temporarily blocked the Indiana Department of Child Services from reducing the amounts it pays to foster and adoptive parents and juvenile-service providers.
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COA in Carmel to hear appeal of sanctions

January 20, 2010
Jennifer Nelson
The Indiana Court of Appeals visits Carmel High School Thursday to hear arguments in a case stemming from a propane gas explosion.
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Chief justice: courts handling the tough times

January 20, 2010
Michael Hoskins
The recession has hit Indiana's judiciary just as it has everyone else, but the state's chief justice said record numbers of cases are slamming the courts and the General Assembly can help ease that caseload.
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Former attorney gets probation in fraud case

January 20, 2010
Jennifer Nelson
A former attorney who pleaded guilty to mail fraud last year was sentenced to 3 years probation Tuesday by a federal judge.
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COA: annexed parcels must touch each other

January 20, 2010
Jennifer Nelson
The Indiana Court of Appeals reaffirmed today that Indiana requires that an annexation ordinance applies only to solid, unbroken areas of land. This issue arose in an annexation dispute between two northern Indiana towns.
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Majority: No double jeopardy in enhancement

January 20, 2010
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals was divided about whether a man's sentence enhancement based on his use of a deadly weapon violated the application of double-jeopardy principals.
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Sidebars: Pancake house offers delightful fare

January 20, 2010
Jennifer Lukemeyer, Fred Vaiana
When I travel, all intentions of eating healthy or not eating a lot go right out the window. When I travel with someone who has the same affinity for food, it is even worse. When I travel with my partner Jim Voyles, I make sure I wear pants with extra room because it is going to be a pig-fest all day long as it was on our recent trip to Michigan City.
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Bill seeks to repeal placements statute

January 20, 2010
Michael Hoskins
Lawmakers are considering legislation that would repeal a last-minute 2009 special session provision that gave the Indiana Department of Child Services key control in deciding whether juveniles should be placed outside the state.
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Appellate case 'purgatory' exists in Indiana's government center basement

January 20, 2010
Michael Hoskins
Outside of courtrooms, conference rooms, and law firm offices, there's a place that most lawyers don't often see but is an essential step in the process cases go through at the Indiana appellate level.
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Suspended LaPorte judge acquitted at trial

January 20, 2010
Michael Hoskins
A suspended LaPorte Superior judge has been acquitted of any criminal charges involving an accidental shooting where her head was grazed by a bullet and led to accusations that she tried to cover up details about what happened.
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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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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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