Courts

Chief justice to talk on government reform

October 29, 2008
IL Staff
Just one day after the general election, Indiana Supreme Court Chief Justice Randall T. Shepard will discuss the challenges of local government reform at an event organized by provocate.org.
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Senior judge accused of misconduct

October 29, 2008
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has filed five charges against a senior judge and former LaPorte Superior Court judge, alleging he violated ethics rules while serving as an elected judge.
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COA affirms sexually violent predator findings

October 28, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding that two defendants are sexually violent predators, ruling the state had produced sufficient evidence to support the determinations under the versions of the sexually violent predator statute used by the trial courts in each case.
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Arguments set in Lake County early-voting case

October 27, 2008
IL Staff
The Indiana Court of Appeals will hear arguments in the Lake County early-voter registration appeal at 1:30 p.m. EDT Oct. 30 in the Indiana Supreme Court Courtroom, Statehouse Room 317, Indianapolis.
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Event to discuss court history

October 24, 2008
IL Staff
A new annual event has been created by the Historical Society of the United States District Court for the Southern District of Indiana to focus on past and present legal issues, part of the group's shift from project-focused events to membership focused efforts.
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High court transfer filed in early-voting case

October 24, 2008
Jennifer Nelson
The plaintiffs in a suit challenging Lake County early-voting satellite locations are appealing a special judge's order to keep the locations open to the Indiana Supreme Court.
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New St. Joseph Superior judge appointed

October 24, 2008
IL Staff
Gov. Mitch Daniels has appointed South Bend attorney Margot Fisher Reagan to St. Joseph Superior Court to replace the retired Judge William T. Means.
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Update: Transfer denied in early-voting case

October 24, 2008
Jennifer Nelson
The Indiana Supreme Court has denied a request from two Lake County Republicans to hear an appeal challenging an order to keep early-voting satellite locations open.
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Court finds fax to be a contract

October 24, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.
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EBA members affirm all judicial candidates

October 24, 2008
IL Staff
The Evansville Bar Association has released the results of the survey of its members regarding the retention of three Vanderburgh Superior judges running for re-election in November.
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COA revises child molesting sentence

October 23, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a man's convictions of child molesting, but reduced his sentence because he can't be considered among the worst offenders to justify the maximum sentence.
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Special judge: Keep early-voting sites open

October 22, 2008
Jennifer Nelson
A special judge has ordered satellite early-voting sites in East Chicago, Gary, and Hammond to remain open over the objections of two Lake County Republicans.
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Attorney faces charges of mail, wire fraud

October 22, 2008
Jennifer Nelson
A federal grand jury in Hammond has indicted a Schererville attorney with two counts of wire fraud and one count of mail fraud after being accused of stealing money from two clients.
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High court to hear riverboat receipts arguments

October 22, 2008
Jennifer Nelson
The Indiana Supreme Court will hear arguments Thursday in two cases involving the dispersion of a percentage of riverboat casino revenues in East Chicago.
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Judge declines to interfere with voter ID law

October 22, 2008
Michael Hoskins
A federal judge in Indianapolis won't interfere with the state law requiring voters to show photo identification at the election polls.
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Economic presence meets taxing requirement

October 21, 2008
Jennifer Nelson
In a matter of first impression, the Indiana Tax Court has ruled that a bank didn't need to have a physical presence in the state to be subject to Indiana's Financial Institutions Tax.
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Justices disagree about jury instruction

October 21, 2008
Jennifer Nelson
The Indiana Supreme Court was split in its ruling that a trial court properly instructed a jury regarding a habitual offender finding, with the dissenters arguing the court's instruction was inadequate as compared to the defendant's proposed jury instruction.
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Special judge invalidates local impact fee

October 21, 2008
Michael Hoskins
In the first court decision of its kind in Indiana, a special judge has invalidated Zionsville's parks impact fee because it violates state statute.
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Court rules on media access to CHINS cases

October 21, 2008
Jennifer Nelson
For the second time this month, the Indiana Court of Appeals has ruled on media access of CHINS records in a high-profile case involving the death of a child.
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Judges disagree on punitive damages award

October 20, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a compensatory damage award today for a couple that was attacked, but the majority remanded the trial court's punitive damage award because it was excessive.
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Justices tap special judge in Lake County case

October 16, 2008
IL Staff
The Indiana Supreme Court has appointed Lake Superior Judge Diane Kavadias Schneider, Civil Division 1, as a special judge in the consolidated Lake County cases involving the operations of early-voting sites in East Chicago, Gary, and Hammond, according to Kathryn Dolan, Indiana Supreme Court spokesperson.
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COA opts for judicial restraint

October 16, 2008
Michael Hoskins
The Indiana Court of Appeals has opted for judicial restraint in not deciding whether state statutes involving the Commerce Clause and the use of clean coal technology are unconstitutional.
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High court rules in favor of insurers in silica case

October 16, 2008
Jennifer Nelson
Companies that owned the assets of an industrial blast machine can't seek coverage from the insurers who issued liability policies for previous owners of the machine, the Indiana Supreme Court ruled yesterday.
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Court grants transfer to uninsured motorist case

October 16, 2008
Jennifer Nelson
The Indiana Supreme Court has granted transfer to a case about whether an insurance company's automobile policy violates the state's uninsured motorist statute.
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St. Joseph Bar releases judicial evaluation

October 16, 2008
IL Staff
St. Joseph County Bar Association members have evaluated the five St. Joseph Superior judges up for retention this year - Judges Roland W. Chamblee Jr., David C. Chapleau, Jerome Frese, Jenny Pitts Manier, John M. Marnocha, Jane Woodward Miller, and Michael P. Scopelitis. All of the judges received a combined average score of either average/acceptable or above average.
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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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