Courts

Judge named chairman of alcohol commission

February 10, 2009
IL Staff
A longtime Wayne County judge has been appointed the new chairman of the Indiana Alcohol and Tobacco Commission.
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Judge allows class action in hail damage suit

February 9, 2009
Jennifer Mehalik
A U.S. District judge is allowing certain State Farm insurance policy holders to proceed in a class action suit against the company as a result of how the insurer handled roof claims following a 2006 hail storm in central Indiana.
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SCOTUS asked to take Indiana wine case

February 9, 2009
Michael Hoskins
The Supreme Court of the United States is being asked to consider the constitutionality of Indiana's wine shipping law, which requires in-person contact before any direct delivery is allowed.
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Courts celebrate Black History Month

February 9, 2009
Rebecca Berfanger
The chair of the Department of Africana Studies and associate professor of history at Notre Dame University will speak to children and the general public in a lecture titled "Forging the Children of the Sun: The Human Spirit and Jim Crow," a Black History Month program Feb. 20 at the Federal Courthouse in Indianapolis.
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Woman didn't prove she should get new trial

February 6, 2009
Jennifer Nelson
Finding a defendant didn't meet her burden of proving her newly discovered evidence claim, the Indiana Court of Appeals today upheld the denial of her petition for post-conviction relief.
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COA rules on negligence claims in library case

February 6, 2009
Jennifer Nelson
he Indiana Court of Appeals affirmed summary judgment today in favor of engineering and construction companies in a lawsuit filed by a central Indiana library, finding the economic-loss doctrine bars the library's negligence claims against the companies.
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St. Joseph judicial election bill out of committee

February 5, 2009
IL Staff
The bill requiring the non-partisan election of Superior Court judges in St. Joseph County has made it out of committee.
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COA: Statements not made in illegal detention

February 5, 2009
Jennifer Mehalik
The Indiana Court of Appeals affirmed the denial of a defendant's motion to suppress statements given to authorities while detained, finding he was legally detained because police already had probable cause to arrest him.
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Justices split in granting transfer

February 4, 2009
Jennifer Nelson
The Indiana Supreme Court was split in its decision to deny transfer in a case in which a defendant claimed misconduct by the prosecutor when he read a poem about drugs during voir dire.
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Snow closes Porter, LaPorte courts

February 4, 2009
IL Staff
The Porter and LaPorte county courts were closed today after the area received more than a foot of lake-effect snow. Starke, Pulaski, and St. Joseph counties reported no closings or delays today because of the weather.
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Letter not covered by attorney-client privilege

February 4, 2009
Jennifer Nelson
A Southern District magistrate judge has decided a letter between the city of Madison's mayor and city attorney isn't protected by attorney-client privilege in a civil action seeking damages over strip searches of three women.
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Court: Church program at school should end

February 4, 2009
Michael Hoskins
A church-owned religious education program held on school grounds in Huntington County should be terminated because it violates the Establishment Clause of the First Amendment, a federal magistrate has ruled.
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Man's claims against officers can proceed

February 3, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals reversed summary judgment in favor of police officers in a man's civil suit, finding the man may have Fourth and Fifth Amendment claims against them.
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Attorney's kidnapper nets 60-year sentence

February 3, 2009
Jennifer Nelson
The man who abducted his attorney in July 2008 has been sentenced to 60 years in the Indiana Department of Correction.
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High court grants 2 transfers

February 2, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to two cases Jan. 29, one involving statements given to police and the other whether a man's trial counsel was ineffective.
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Court rules on agency record appeals

January 30, 2009
Jennifer Nelson
In two separate opinions, the Indiana Court of Appeals tackled the issue of timely and complete filing of an agency record.
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COA: Mother not liable for death as gun buyer

January 30, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in a negligence claim in favor of a woman whose husband killed her daughter with a gun she purchased for him, finding the designated evidence doesn't show proximate cause.
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Order restricts guns, alcohol in judge's home

January 30, 2009
Jennifer Nelson
Special Judge Walter Chapala issued an order this week requiring all firearms be removed from the home of a LaPorte Superior judge who was shot last month in her home.
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Opinion invites high court to reconsider decision

January 29, 2009
Jennifer Nelson
The Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound by the high court's previous ruling.
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COA clarifies unemployment benefits issue

January 29, 2009
Jennifer Nelson
The Indiana Court of Appeals used a case before it as an opportunity to clarify how an employee's eligibility for unemployment benefits should be determined when the employee is discharged for attendance issues.
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Law examiners board gets new officers, members

January 29, 2009
IL Staff
The State Board of Law Examiners has new members this year, thanks to two appointments by the Indiana Supreme Court, as well as newly elected officers.
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COA to hear arguments at Indy high school

January 29, 2009
IL Staff
Indiana's Court of Appeals will hear arguments at an Indianapolis high school Friday in a case determining whether a juvenile committed auto theft, a Class D felony if committed by an adult.
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Some Lake civil cases go to random filing

January 28, 2009
Michael Hoskins
Attorneys opening new civil cases in Lake County should note that a new random filing system is being put in place, a plan described as the most extensive use of this in the county's history.
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Trial court couldn't modify man's sentence

January 28, 2009
Jennifer Nelson
Finding the addition of the term "imposed" to an amendment of Indiana Code Section 35-38-1-17(a) in 2005 to be critical in a man's appeal of his sentence, the Indiana Court of Appeals affirmed the denial of his motion to modify his second sentence.
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Snow closes some federal, county courts

January 28, 2009
Michael Hoskins
The foot or more of snow dumped on the southern two-thirds of Indiana hasn't stopped some attorneys from making it to their offices today, but it has closed some courts around the state.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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