Courts

UPDATE: Committee tweaking St. Joe judges bill

April 23, 2009
Michael Hoskins
A legislative conference committee is debating what changes might be possible for a bill aimed at scrapping merit selection for St. Joseph Superior judges.
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Comment sought on drug, alcohol rules

April 23, 2009
IL Staff
The Court Alcohol and Drug Program Advisory Committee of the Judicial Conference of Indiana is seeking public comment regarding proposed written amendments to the Rules for Court Administered Alcohol and Drug Programs.
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Officers say wrong textbook hurt promotions

April 23, 2009
Jennifer Nelson
Three current Indianapolis Metropolitan Police Department officers have filed a suit against the city because they received the wrong textbooks to study for a promotion examination.
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Man gets money for not paying into pension

April 23, 2009
Jennifer Nelson
In a strange twist in a bankruptcy case, a businessman actually benefited financially by not paying into a pension fund for his company.
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Former justice discusses merit selection

April 22, 2009
Michael Hoskins
During a visit to South Bend today, former U.S. Supreme Court Justice Sandra Day O'Connor pushed a message that merit selection is the best way to ensure an independent judiciary, though her words come at a time when state lawmakers are close to scrapping that very system in the county she visited.
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Prosecutor orders grand jury investigation

April 22, 2009
Jennifer Nelson
The special prosecutor appointed to investigate the shooting of LaPorte Superior Judge Jennifer Evans Koethe has requested LaPorte Circuit Court convene a grand jury investigation into the matter.
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Rare second hearing set for judge's nomination

April 22, 2009
Michael Hoskins
In an unusual move, the Senate Judiciary Committee will hold a second judicial nomination hearing next week for U.S. District Judge David F. Hamilton, who's being considered for a seat on the 7th Circuit Court of Appeals.
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COA rules in negligent application process case

April 21, 2009
Jennifer Nelson
Addressing an issue today for the first time in state courts, the Indiana Court of Appeals had to determine whether a couple could sue their insurance broker for alleged negligence during the application process.
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High court dismisses transfer petition

April 21, 2009
IL Staff
In an order posted today, the Indiana Supreme Court dismissed April 10 a petition to transfer to a breach of contract suit regarding the purchase of a hotel at auction.
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Annual 7th Circuit meeting in Indy

April 21, 2009
IL Staff
United States Supreme Court Justice John Paul Stevens and Rev. David Link, Dean Emeritus of the University of Notre Dame School of Law, are just two of the speakers at this year's Judicial Conference of the 7th Circuit and the annual meeting of the 7th Circuit Bar Association in Indianapolis.
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Judges uphold mail fraud conviction

April 20, 2009
Jennifer Nelson
Although it noted the question was a "close one," the 7th Circuit Court of Appeals determined there was sufficient evidence to support a man's conviction of mail fraud in his scheme to defraud the government out of money for work he didn't complete.
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COA reclassifies workplace e-mail case

April 20, 2009
IL Staff
The Indiana Court of Appeals April 16 reclassified a not-for-publication opinion regarding an Indiana Department of Local Government Finance employee's use of his work e-mail account.
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Court clarifies continuing objection procedure

April 20, 2009
Jennifer Nelson
If a trial court grants a continuing objection, counsel doesn't have to object each time the class of evidence is subsequently offered, but if the trial court doesn't specifically grant the right to a continuing objection, counsel must object to the evidence as it is offered in order to preserve the issue on appeal, the Indiana Court of Appeals ruled today.
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Judge: Courts failing on mental illness

April 17, 2009
Michael Hoskins
An Indiana Court of Appeals judge today lambastes the criminal justice system's efforts in dealing with defendants who may never be competent to stand trial, inviting more to be done by either the state's lawmakers or highest court.
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COA travels to Lafayette for arguments

April 17, 2009
IL Staff
The Indiana Court of Appeals travels to Lafayette April 20 to hear a case regarding the delayed return of children to their mother following the death of a sibling.
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High court hears first 'rocket docket' appeal

April 17, 2009
Jennifer Nelson
In the first appeal of a juvenile case under Indiana Appellate Rule 14.1, the "rocket docket," the Indiana Supreme Court ruled the juvenile court's determination that a child shouldn't be immediately reunited with his mother until after the school year concluded - contrary to what the Department of Child Services recommended - wasn't clearly erroneous.
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Defendant can't 'earn' sentence modification

April 17, 2009
Jennifer Nelson
The Indiana Court of Appeals vacated a man's robbery sentence because it found the trial court abused its discretion when sentencing him and couldn't legally reduce his sentence as it said it would if he participated in educational and vocational programs while incarcerated.
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COA: Non-violent contact order 'defective'

April 16, 2009
Rebecca Berfanger
The Indiana Court of Appeals has remanded a case regarding a non-violent contact order issued by a Marion Superior judge June 30, 2008, which involved a divorcing couple. The ruling calls the order "defective."
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Senate OKs COA panel, St. Joe judge elections

April 15, 2009
Michael Hoskins
The full Senate voted today in support of legislation scrapping the St. Joseph Superior judge merit-selection system for judicial elections, and also creating a new panel for the Indiana Court of Appeals.
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Indiana delegation attending ABA summit

April 15, 2009
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard is heading an Indiana delegation that will attend the American Bar Association's national summit to foster cooperation and communication among the three branches of state government.
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Court affirms judgment in school district's favor

April 15, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of Indianapolis Public Schools in a copyright infringement case, but first had to decide whether it could proceed on the merits.
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High court rules in favor of AG in casino case

April 14, 2009
Jennifer Nelson
The Indiana Supreme Court has ruled in favor of the state's attorney general in a suit for constructive trust and unjust enrichment against a for-profit corporation receiving contributions from a casino, finding the trial court erred in dismissing the claims.
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COA decides eminent domain case

April 14, 2009
Michael Hoskins
In considering a common arrangement between a utility company and property developer, the Indiana Court of Appeals has given a green light for that utility to exercise eminent domain when a developer is financing a sewer line extension to a proposed housing development.
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Changes proposed for child-support rules

April 14, 2009
IL Staff
The Judicial Conference of Indiana's Domestic Relations Committee is accepting comments from judges, attorneys, and the public on the proposed changes to the Indiana Child Support Rules and Guidelines.
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Appellate court rules statute not unconstitutional

April 13, 2009
Jennifer Nelson
The presumption found in Indiana Code Section 9-30-10-16, which governs driving while privileges are suspended, isn't unconstitutional because it doesn't shift the burden of proof from the state, the Indiana Court of Appeals ruled today.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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