Courts

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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Moving a law library, maintaining accessibility

January 6, 2010
Rebecca Berfanger
What could have been a tragic end to a law library in central Indiana at the end of 2009 will be a new beginning in 2010.
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Newspapers join fight to unseal Durham records

January 5, 2010
The Indianapolis Business Journal and The Wall Street Journal have joined the legal fight to unseal search-warrant documents related to the federal investigation of businessman Tim Durham and Akron, Ohio-based Fair Finance Co. The IBJ is a sister publication of Indiana Lawyer.
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Harrison County joins Odyssey

January 5, 2010
IL Staff
Harrison County is the latest county to be added to the Indiana Supreme Court Odyssey Case Management System. The Harrison Circuit and Superior Courts and clerk's office joined the system online Monday.
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Judge: Reformatted tax appeal untimely

January 5, 2010
Jennifer Nelson
Even though a couple had originally filed their tax appeal within the 45-day deadline, the Indiana Tax Court still dismissed their appeal because their reformatted documents and notice of intent to appeal weren't filed until after the deadline.
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Silent settlement doesn't include fees, costs

January 4, 2010
Jennifer Nelson
A federal judge rejected a northern Indiana sheriff's argument that a settlement agreement in a civil rights case includes attorney's fees and costs when the agreement doesn't say anything on the issue.
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Many rule changes effective Jan. 1

January 4, 2010
IL Staff
The new year has brought several amendments to Indiana Rules of Court that took effect Jan. 1, 2010.
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Superior judge steps aside because of illness

January 1, 2010
Michael Hoskins
A Grant County judge's illness has forced him from the bench temporarily, and the Indiana Supreme Court has appointed a deputy prosecutor from Marion as judge pro tempore.Grant Superior 2 Judge Randall Lee Johnson filed a petition earlier this week that notified the state's highest court that he was unable to perform Superior Court 2 duties because of illness. While details of his illness aren't outlined by the Supreme Court, Judge Johnson has been experiencing health problems for more than...
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Retired Huntington County judge dies

January 1, 2010
IL Staff
Retired Huntington Circuit Judge Mark A. McIntosh died Feb. 20 in Fort Wayne. Judge McIntosh, 76, served on the Huntington Circuit Court for 22 years before retiring in 2007. Before he became a judge, he worked in private practice. Prior to attending law school, he taught social studies and coached junior varsity basketball at Kendallville High School after he graduated from Michigan State University. He graduated from Indiana University School of Law in 1962 and was admitted to the bar...
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Judge denies summary judgment for law firm

January 1, 2010
Jennifer Nelson
A federal judge has denied summary judgment for an Indianapolis law firm accused of failing to comply with court-ordered fee processes and charging more than necessary for its work as a receiver. U.S. District Judge Larry J. McKinney denied Riley Bennett Egloff's motion for summary judgment Friday in Neil Lucas, individually and on behalf of Phonebillit, Inc., as shareholder v. Riley Bennett Egloff, No. 1:07-CV-534. Neil Lucas filed his suit in 2007 accusing the firm of having a conflict of...
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Judges uphold contingent fees award

December 30, 2009
Jennifer Nelson
The contingent fee contract a law firm entered into with a city regarding a sewer fee dispute, which ultimately led to the firm collecting nearly 10 times more than the city anticipated, was valid and reasonable, the Indiana Court of Appeals affirmed today.
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Company filed suit within applicable limitations

December 30, 2009
Jennifer Nelson
A construction company's attempt to cast itself in the same class of professionals as attorneys or architects was rejected by the Indiana Court of Appeals today. The appellate court upheld on interlocutory appeal the denial of the company's motion for summary judgment in a breach of contract complaint.
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COA: Firefighter's e-mail didn't harm department

December 22, 2009
Jennifer Nelson
A firefighter shouldn't have been fired for his e-mail commenting on the financial situation of the township's fire department because the e-mail didn't impact the effectiveness of the department, the Indiana Court of Appeals ruled today.
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Marion Superior Law Library changes Dec. 31

December 22, 2009
Rebecca Berfanger
The Marion Superior Court Law Library at the City-County Building will officially close Dec. 31, but in early 2010 the reference materials from that library will be relocated to the Central Library branch of the Indianapolis-Marion County Public Library in downtown Indianapolis.
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  1. 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???

  2. 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?

  3. 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

  4. 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.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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