Courts

Court: No rehearing based on another decision

October 1, 2009
Jennifer Nelson
The Indiana Tax Court granted a petition for rehearing to clarify its ruling that a Hamilton County property qualified for a charitable/religious exemption. The Tax Court also denied rehearing a St. Joseph County case that claimed the decision in that case should be reconsidered based on the original ruling in the Hamilton County case.
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E-Ticket program wins 2 awards

September 30, 2009
IL Staff
The Indiana Supreme Court's electronic ticketing program has won awards from two safety associations.
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Court denies rehearing in adoption case

September 30, 2009
Jennifer Nelson
The Indiana Supreme Court won't reconsider its reversal of an adoption order granted to a New Jersey man of twin girls born by a surrogate in Indiana.
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SCOTUS accepts Indiana offender-registry case

September 30, 2009
Michael Hoskins
The nation's highest court has taken an Indiana case that asks whether someone can be criminally prosecuted under a federal sex-offense registry law if that defendant's underlying offense and move to another state predated the Sex Offender Registration and Notification Act's passage.
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COA splits on cheek-swab requirements

September 30, 2009
Jennifer Nelson
A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.
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Judges dissent on search after 'knock and talk'

September 30, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to a general distrust of law enforcement.
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Escaping execution

September 30, 2009
Michael Hoskins
Exoneree joins statewide campaign calling for a death-penalty moratorium.
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Recent changes impact state justice system

September 30, 2009
Michael Hoskins
National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.
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Court: Association has no standing to sue

September 29, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a landowners association lacked standing to sue over the rezoning of property despite the argument that its claim survives under the "public standing doctrine."
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7th Circuit discovery pilot program starts Oct. 1

September 29, 2009
IL Staff
The first phase of the 7th Circuit Court of Appeals' Electronic Discovery Pilot Program kicks off Thursday.
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Longtime Owen County prosecutor dies

September 29, 2009
IL Staff
The longest consecutive serving prosecutor in Indiana died Sept. 26. Owen County Prosecutor Allan Fountain was 64.
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Court erred in ordering DCS to pay costs

September 28, 2009
Jennifer Nelson
The Indiana Department of Child Services isn't responsible for the costs of a minor's secure detention because it never entered into a written agreement with the juvenile court to cover the costs, the Indiana Court of Appeals ruled today.
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COA: findings don't support attorney fees

September 28, 2009
Jennifer Nelson
The Indiana Court of Appeals remanded a case today involving attorney fees - the appellate court questioned whether the Indiana High School Athletic Association was trying to dissuade appeals by athletes - because the findings of the case currently don't support the judgment.
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Court split on if lab tech must testify

September 25, 2009
Jennifer Nelson
The state's highest court was split in its ruling on whether the failure of a lab technician who processed DNA evidence to testify at a man's trial violated his Sixth Amendment rights.
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High court grants transfer Thursday

September 25, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday to a case questioning whether the Indiana Department of Transportation is liable for the death of an employee of an independent contractor working on a highway project.
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Madison County judge resigns amid misconduct investigation

September 24, 2009
Michael Hoskins
A longtime Madison County judge who's been repeatedly sanctioned and even suspended in the past is resigning amid a new investigation into his alleged misconduct during a 2007 murder trial.
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Court remands custody case for new hearing

September 24, 2009
Jennifer Nelson
Although all three Indiana Court of Appeals judges came to conclusion that the trial court should revisit its order to grant full custody of a child to her abusive father, the judges differed as how the trial court should have approached the matter.
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Justice praises court-technology support

September 24, 2009
IL Staff
Indiana Supreme Court Justice Frank Sullivan Jr. praised Gov. Mitch Daniels' administration's support for improved court technology during a speech Wednesday in Denver. Justice Sullivan addressed a plenary session at the National Court Technology Conference, which is sponsored by the National Center for State Courts.
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Judges disagree as to athlete's eligibility

September 24, 2009
Jennifer Nelson
One Indiana Court of Appeals judge believed his colleagues strayed from the evidence of recruitment and instead focused the family's financial plight when they decided the high school athlete didn't transfer schools primarily for athletic reasons.
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Group criticizes foreclosure mediation programs

September 23, 2009
IL Staff
A report released today by the National Consumer Law Center examining foreclosure mediation programs believes states, including Indiana, need to make substantial changes before the programs can be effective.
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Court upholds injunction in easement case

September 23, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts, and other objects were placed along a disputed easement area to prevent people from driving along it.
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Supreme Court amends more rules

September 22, 2009
Jennifer Nelson
The Indiana Supreme Court has amended various rules of court, including admission and disciplinary, alternative dispute resolution, and appellate procedure rules.
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COA to hear institutionalization case

September 22, 2009
IL Staff
The Indiana Court of Appeals will hear arguments Wednesday in a case of two men being held in a state mental health institution until they are deemed able to stand trial.
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COA reverses judgment for Ford in liability suit

September 21, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment today in favor of Ford Motor Co. in a products liability lawsuit, but the judges disagreed as to whether the manufacturer breached its duty to warn of the dangers of children riding in the front seat with airbags turned on.
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City agrees to comply with Clean Water Act

September 18, 2009
Jennifer Nelson
Faced with hefty fines of more than $27,000 a day for violating the federal Clean Water Act, the city of Jeffersonville has reached a settlement with the federal and Indiana governments, the Department of Justice, and the U.S. Environmental Protection Agency.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. 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???

  5. 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?

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