Courts

Transfer sought in compulsive gambling case

June 29, 2009
Michael Hoskins
Arguing that common law should protect anyone intentionally harmed by someone else, an Evansville attorney is asking the Indiana Supreme Court to consider a case of first impression in which he contends a compulsive gambler was targeted and taken advantage of by a casino, resulting in her loss of $125,000 in a single night.
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High court rules on putative father adoption case

June 29, 2009
Michael Hoskins
The Indiana Supreme Court has ruled that a putative father who files a paternity action in a court other than the court in which the adoption case is pending meets statutory requirements and doesn't imply his permanent consent to that adoption.
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Civil penalty claim against BP to move forward

June 29, 2009
Michael Hoskins
A U.S. District judge in Hammond has dismissed two counts against gas company BP Products North America, finding he has jurisdiction to hear the claims but deciding not to do so because of similar action ongoing elsewhere.
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Man loses gender discrimination appeal

June 29, 2009
Michael Hoskins
A federal appellate panel has upheld a U.S. District judge's decision against a man who alleged he's the victim of gender discrimination for being fired from St. Francis Hospital on claims he accessed inappropriate Web sites while at work.
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Judge criticizes counsel seeking class status

June 26, 2009
Michael Hoskins
Don't expect one federal judge to re-examine a ruling by another jurist on the same court if you don't present any new facts or arguments on a similar case and issue.
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Justices: Anders withdrawals not allowed

June 26, 2009
Michael Hoskins
The Indiana Supreme Court has rejected a procedure set up by the nation's top court more than four decades ago that allows attorneys to withdraw from criminal appeals they deem frivolous. Our justices say it's practically and financially more efficient to simply proceed with an appeal and let that process play out.
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Supreme Court orders third murder trial

June 26, 2009
Michael Hoskins
State justices have overturned the murder convictions and ordered a third trial for a former state trooper accused of killing his wife and two young children in Southern Indiana almost a decade ago.
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Clerk's hours change July 1

June 26, 2009
IL Staff
he main office of the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court will be open to the public from 8:30 a.m. to 4:30 p.m. Monday through Friday as of July 1.
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7th Circuit split in prisoner media-ban issue

June 25, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals was split in its en banc decision today to uphold the Federal Bureau of Prisons' authority to deny face-to-face interviews between inmates and the media.
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SCOTUS recusal ruling cited in judicial-canon case

June 25, 2009
Michael Hoskins
A federal judge in Fort Wayne is deciding whether the state's judicial conduct code should be able to restrict judicial candidates from answering surveys about views on issues they might someday hear in court.
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Court tackles scope of 'frivolous'

June 25, 2009
Jennifer Nelson
The Indiana Court of Appeals today used an inmate's appeal of the dismissal of his complaint to address the scope of the word "frivolous" in Indiana's Frivolous Claim Law. And even though this inmate has filed dozens of law suits since being incarcerated, it doesn't mean his suits can be automatically deemed frivolous by the trial courts.
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Court rules in favor of steel company in dispute

June 24, 2009
Jennifer Nelson
The Indiana Supreme Court affirmed Tuesday the Indiana Utility Regulatory Commission's grant of summary judgment in favor of a steel production facility in a contract dispute involving a public utility.
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Judges rule on workers' comp billing issues

June 24, 2009
Michael Hoskins
Employers or their insurers - not health care providers - must prove when medical expenses for injured employees might be considered higher than what's allowed under the state's workers' compensation statute, according to the Indiana Court of Appeals.
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Justices to hear 3 arguments Thursday

June 24, 2009
Michael Hoskins
The Indiana Supreme Court will hear three cases on Thursday morning, including one that deals with incest confessions to police, and a second involving a police officer's claims for injuries he received while responding to a complaint at a strip club.
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Court reverses conviction over letter

June 23, 2009
Jennifer Nelson
A man's convictions of criminal mischief and operating while intoxicated were reversed by the Indiana Court of Appeals because a letter he wrote while trying to negotiate a plea agreement - which was rejected - shouldn't have been admitted at his trial.
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Lawyers ask for $3 or $109 million in RICO case

June 23, 2009
Michael Hoskins
A federal judge is being asked to impose damages ranging anywhere from $3 to $109 million in a landmark racketeering suit.
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Judges differ on if 'property damage' occurred

June 23, 2009
Jennifer Nelson
A majority of Indiana Court of Appeals judges affirmed summary judgment in favor of a homebuilder's insurance provider, insurance broker, and subcontractor's insurer, ruling the damage to the homes wasn't "property damage" as covered by the insurance policies.
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Town court judge publicly admonished

June 22, 2009
Jennifer Nelson
The Indiana Commission on Judicial Qualifications issued a public admonition of the Walkerton Town Court judge today for employing his wife as court clerk for more than 10 years and for participating in an ex parte conversation with a defendant about her traffic infractions.
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Purse search violated Indiana Constitution

June 22, 2009
Jennifer Nelson
A majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way it appears it could be holding a gun.
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Attorney in contempt for violating suspension

June 22, 2009
Jennifer Nelson
The Indiana Supreme Court fined an attorney for being in contempt of court for work he performed for clients while he was suspended.
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Court affirms student's convictions

June 19, 2009
Jennifer Nelson
After examining the few Indiana decisions on tumultuous conduct in the context of sufficiency of evidence to support a disorderly conduct conviction, the Indiana Supreme Court affirmed a high school student's conviction for behavior involving the dean of students. The high court also affirmed the student's battery conviction against the assistant principal.
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Justices: Jury issues don't require new trial

June 18, 2009
Jennifer Nelson
The Indiana Supreme Court affirmed a jury award in favor of a man accused of rape in a civil suit, ruling the jury didn't receive improper communications and the trial court didn't err in providing impasse assistance to the jury.
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7th Circuit seeks comment on jury instructions

June 18, 2009
IL Staff
The 7th Circuit Pattern Jury Instruction Committee and Trademark Subcommittee are accepting comments on proposed trademark pattern civil jury instructions.
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Legal malpractice case gets transfer

June 18, 2009
Jennifer Nelson
The Indiana Supreme Court announced today an addition to its June 16 transfers.
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DNA-access ruling may have limited impact

June 18, 2009
Michael Hoskins
A ruling today from the nation's highest court says convicts don't have any constitutional right to test state DNA evidence after their convictions become final, but that decision may not impact Indiana or much of the country.
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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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