Courts

High court reverses $2.3 million jury award

March 4, 2009
Jennifer NelsonMore

Man isn't entitled to parental privilege defense

March 4, 2009
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.
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Appellate court gets dismissed Voter ID case

March 3, 2009
Michael Hoskins
The Indiana Court of Appeals is being asked to overturn a Marion Superior judge's decision that found the state statute requiring voters to show photo identification before casting a ballot is constitutional.
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Judge: punitive-damage cap unconstitutional

March 3, 2009
Michael Hoskins
A Marion County judge has refused to reduce damages in a priest sex-abuse case, saying the punitive damage caps put in place more than a decade ago are unconstitutional.
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COA: annexation detailed summary sufficient

March 3, 2009
Jennifer Nelson
Ruling on the issue of whether or not a city's "detailed summary" of a fiscal plan followed statutory notice requirements, the Indiana Court of Appeals affirmed judgment today in favor of the city in a suit filed by remonstrators.
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Court grants 5 transfers, denies 1

March 2, 2009
IL Staff
The Indiana Supreme Court has agreed to take five cases, but declined to hear a judicial review case involving a transfer tax.
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COA: Bank didn't breach duties as trustee

March 2, 2009
Jennifer Nelson
Although tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the bank acted in good faith.
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Supreme Court disbars attorney

March 2, 2009
Jennifer Nelson
A split Indiana Supreme Court voted to immediately disbar an Indianapolis attorney who pleaded guilty to one count of willfully making a false tax return.
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Magistrate: Uniroyal not liable for cleanup costs

February 27, 2009
Michael Hoskins
As a federal magistrate judge puts it, "All good things must come to an end."
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Theft case requires special prosecutor

February 27, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a man's request for the reappointment of a special prosecutor because the original basis for appointing the special prosecutor still existed even after one charge was dropped.
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Longtime Madison County judge dies

February 27, 2009
Jennifer Nelson
A longtime Madison County judge died suddenly Wednesday. Judge David W. Hopper, 60, had served as a jurist for a total of 28 years.
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Case requires balancing act by court

February 27, 2009
Jennifer Nelson
In a case requiring the Indiana Court of Appeals to "perform a delicate balance" between making sure a mentally disabled person wasn't improperly denied his constitutional rights and not penalizing police for non-coercive conduct, the appellate court affirmed the denial of a defendant's motion to suppress.
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High court vacates transfer

February 27, 2009
Jennifer Nelson
The Indiana Supreme Court vacated transfer yesterday in a case in which a defendant appealed his convictions of voluntary manslaughter, carrying a handgun without a license, and finding that he was a habitual offender.
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COA: State must prove violation of statute

February 26, 2009
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time today whether under Indiana Code Section 35-48-4-16(b) a defendant only has the burden of placing the issue in question where the state's evidence hasn't done so.
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Foreclosure programs aimed at judges, lawyers

February 26, 2009
IL Staff
The Indiana Supreme Court announced today it's partnering with Indiana Legal Services Inc. and the Legal Aid Society of Southwest Ohio to sponsor training for attorneys, judges, and mediators about how to help families facing foreclosure.
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Justices order mandate writ against court

February 25, 2009
IL Staff
The Indiana Supreme Court has granted a relator's verified petition for writ of mandamus and prohibition against a Grant Superior judge and the clerk.
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Court affirms conviction, sentence despite error

February 25, 2009
Jennifer NelsonMore

COA visits high school to hear arguments

February 24, 2009
IL StaffMore

Court affirms sentence for non-support of 8 kids

February 24, 2009
Jennifer Nelson
A trial court didn't err in imposing three consecutive sentences following a man's guilty plea to three counts of felony non-support of a dependent because his failure to pay didn't constitute a single episode of criminal activity, the Indiana Court of Appeals ruled today.
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Senate passes new COA panel bill

February 24, 2009
Michael Hoskins
The Indiana Senate has given its OK to add three judges to the state's second highest appellate court.
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Counties wanting local video can apply now

February 23, 2009
IL Staff
Indiana counties that would like a customized self-represented litigant video can apply to the Indiana Supreme Court Division of State Court Administration Indiana Family Court Project.
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COA reverses denial of prisoner's petition

February 23, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of an incarcerated man's petition for child support modification after determining the trial court incorrectly imputed his weekly gross income.
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Lawmakers vote on COA panel, Lake County fee

February 20, 2009
Michael Hoskins
Both houses of the Indiana General Assembly took action on court-related legislation Thursday.
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New 1st district rep named to commission

February 20, 2009
IL Staff
Evansville native Christine H. Keck has been appointed to represent the first district on the Indiana Commission on Judicial Qualifications, the Indiana Supreme Court announced today.
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High court grants transfer to 3 cases

February 20, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to three cases Thursday, including one case involving challenges to a ruling on pretrial motions after a guilty plea.
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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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