Courts

Bankruptcy filings drop in Indiana, U.S.

April 29, 2013
IL Staff
Bankruptcy filings are down 14.4 percent for the 12-month period ending March 31 as compared to the same 12-month period ending March 31, 2012, according to statistics from the Administrative Office of the United States Courts.
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7th Circuit denies petitions seeking review of mine safety regulations

April 26, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals Friday found that the Federal Mine Safety and Health Administration acted within its statutory and constitutional authority in demanding review of employee medical records to ensure mines were not under-reporting injuries or illnesses.
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3 named as finalists for Allen Superior bench

April 26, 2013
IL Staff
The Allen Superior Court Judicial Nominating Commission announced Friday that Allen Superior Magistrate Judges Craig Bobay and Jennifer DeGroote, and Barrett & McNagny LLP attorney Michael Michmerhuizen have been selected as finalists for the judgeship that will be open as a result of Stephen Sims' retirement.
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Child support case presents issue of first impression

April 26, 2013
Jennifer Nelson
The Indiana Court of Appeals was presented with an issue for the first time: whether a child support order should be reduced for the time a child is living on campus when a court has found that the child has repudiated the non-custodial parent, and on that basis refused to enter an educational support order.
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Court split over whether petition for review should be dismissed

April 26, 2013
Jennifer Nelson
The dissenting judge in a case involving the dismissal of a company’s petition for judicial review of a decision by the Alcohol and Tobacco Commission believed the petition must be dismissed based on the language of the Administrative Orders and Procedures Act. The majority ordered resolution of the issue on the merits.
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Man entitled to benefits for injuries sustained on the job

April 26, 2013
Jennifer Nelson
Finding that a construction supervisor’s receipt of unemployment benefits didn’t preclude him from eligibility for temporary total disability benefits, the Indiana Court of Appeals affirmed a total award of more than $61,000 to the injured worker.
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Community court organizes food drive to commemorate 12th anniversary

April 26, 2013
IL Staff
Indianapolis Community Court, the only community court in the state, will host a food and clothing drive April 27 for the David S. Moore Food Pantry located in Community Court in Fountain Square.
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Federal civil, bankruptcy fees to increase May 1

April 26, 2013
IL Staff
The fee for filing a civil case in federal court will increase from $350 to $400 May 1. The new $50 general administrative fee for filing a civil action, lawsuit or proceeding in a District Court was approved by the Judicial Conference of the United States in September 2012.
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Rat poison not yet linked to Shuai newborn death

April 25, 2013
Dave Stafford
Prosecutors acknowledged Thursday they could not currently provide a witness who would definitively testify that rat poison Bei Bei Shuai ingested was the cause of her newborn’s death, for which she stands charged with murder.
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COA: Glove not enough to convict man of burglary

April 25, 2013
Jennifer Nelson
Worried that upholding a man’s conviction based solely on DNA presence on a glove found at a crime scene would create a precedent for criminals to frame someone else, the Indiana Court of Appeals reversed a burglary conviction out of St. Joseph County. 
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Governor signs bill adding county judges

April 25, 2013
IL Staff
Gov. Mike Pence signed Senate Enrolled Act 486 Wednesday, which will allow three counties to appoint additional magistrates or judges.
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7th Circuit rules for employer on fired worker’s claims

April 25, 2013
Jennifer Nelson
An Italian-born naturalized U.S. citizen who sued his former employer for religious discrimination and defamation after he was fired could not prove his claims before the 7th Circuit Court of Appeals.
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Court affirms murder conviction of man who killed stepdaughter

April 24, 2013
Jennifer Nelson
A southern Indiana man was not able to convince the Indiana Court of Appeals that the court should overturn his convictions of murder and other charges for stabbing his stepdaughter.
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Habitual traffic violator’s conviction upheld

April 24, 2013
Jennifer Nelson
Inaction by the Bureau of Motor Vehicles to update a man’s driving record to reflect his lifetime suspended license is not enough to nullify a statutory requirement that his lifetime suspension be imposed, the Indiana Court of Appeals ruled Wednesday.
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COA: Driving to avoid potholes isn’t enough to stop car

April 24, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the suppression of evidence in a man’s drunken-driving case, finding police did not have reasonable suspicion to pull the man over because he was driving left of center on a county road to avoid poor road conditions.
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Allen Superior judge applicant interviews Thursday

April 24, 2013
IL Staff
The Allen Superior Court Judicial Nominating Commission will interview eight applicants April 25 for Judge Stephen Sims’ spot on the Superior Court. Sims retires Friday.
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Justices focus on hazing, duty in Wabash fraternity case

April 24, 2013
Dave Stafford
Indiana Supreme Court justices on Tuesday quizzed attorneys about what constitutes hazing and whether Wabash College and a fraternity chapter owed a duty to protect a pledge injured when fraternity brothers placed him in a chokehold then dropped him.
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Women Lawyers Association to honor Rush, female jurists

April 24, 2013
IL Staff
The Lake County-based Women Lawyers Association will pay tribute to Indiana Justice Loretta Rush, the state’s second female justice, during a reception next month.
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Aid rises for those wrongly convicted

April 24, 2013
Dave Stafford
Prosecutors and police helped clear more than half of those exonerated in 2012, according to a report by the National Registry of Exonerations.
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Follow-up support needed for mediation success

April 24, 2013
Marilyn Odendahl
The Neighborhood Christian Legal Clinic launches new three-phase program that also incorporates education.
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Humvee maker wins $277M

April 24, 2013
Dave Stafford
A defense subcontractor marked up kits, resulting in millions of dollars in armor overcharges.
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Disciplinary Actions -4/24/13

April 24, 2013
IL Staff
Read who's been suspended and who's been publicly reprimanded by the Indiana Supreme Court.
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Legal Education Task Force to meet at IU McKinney

April 23, 2013
Marilyn Odendahl
The American Bar Association Task Force on the Future of Legal Education will examine how students are trained to be lawyers during a special meeting April 24 at the Indiana University Robert H. McKinney School of Law.
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COA says argument over wording of robbery statute is issue of first impression

April 23, 2013
Marilyn Odendahl
An argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.
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Admission of violation is too little to revoke probation

April 23, 2013
Marilyn Odendahl
A Marion County man’s admission of a probation violation is not enough to revoke his probation without an evidentiary hearing, the Indiana Court of Appeals has ruled.
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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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