Courts

Amendment trumps high court ruling

September 30, 2008
Jennifer Nelson
Addressing the issue for the first time since the legislature amended the state's Workers' Compensation Act in 2006, the Indiana Court of Appeals ruled today the amendment overrules an earlier Indiana Supreme Court decision that placed the burden of proof on employers in cases involving "neutral risk" incidents.
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Judges disagree on attorney fee provision

September 30, 2008
Michael Hoskins
A legal battle that was once about Indiana's requirements to obtain a driver's license or state identification turned into a tug-of-war appeal about attorney fees.
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Transfer granted to school financing case

September 29, 2008
IL Staff
The Indiana Supreme Court granted transfer last week to a case of first impression involving the courts' authority to review the state's school financing formula.
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Evidence failed to support ending parental rights

September 29, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's ruling to involuntarily terminate a mother's parental rights to her young twins, finding the court issued deficient termination orders and lacked clear and convincing evidence to terminate the parental rights.
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Judge allows transgender suit to proceed

September 26, 2008
Michael Hoskins
A transgender former high school student who was barred from his senior prom in Gary because he was wearing a pink dress for the occasion will have his day in court.
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Director elected VP of court administrators group

September 26, 2008
IL Staff
Lila Judson, executive director of the Indiana Supreme Court Division of State Court Administration, has been elected to serve as the vice president of the national Conference of State Court Administrators for the 2008-09 term.
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LLCs must have attorneys in federal court

September 26, 2008
Jennifer Nelson
Owners of limited liability companies must be represented by an attorney to appeal a decision in federal court, ruled the 7th Circuit Court of Appeals today.
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Federal death penalty trial still possible

September 25, 2008
Michael Hoskins
The first-ever federal death penalty trial in the Southern District of Indiana may still happen, even though the defendant has signed a plea agreement in connection with a violent killing spree almost three years ago.
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President signs new Federal Rule of Evidence

September 25, 2008
IL Staff
The Federal Rules of Evidence have been amended in hopes of lessening the skyrocketing costs of discovery.
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COA to visit IU School of Law - Bloomington

September 25, 2008
IL Staff
The Indiana Court of Appeals will hear arguments in an Elkhart County child molesting case in Bloomington Sept. 29.
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Granted transfers include hearsay case

September 24, 2008
Jennifer Nelson
The Indiana Supreme Court has granted two transfers, including a case involving whether a warrant based on hearsay was supported by probable cause or fell under the good faith exception.
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Comments sought on proposed reentry court rules

September 24, 2008
IL Staff
The Problem-Solving Courts Committee of the Judicial Conference of Indiana is seeking public comment on proposed reentry court rules.
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COA upholds Plainfield parks ban

September 24, 2008
Michael Hoskins
The Indiana Constitution doesn't ensure a person's right to enter a public park, and that means a local law restricting sex offenders from visiting those areas isn't unconstitutional, the Indiana Court of Appeals ruled today.
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Judges split on sentence reduction

September 23, 2008
Jennifer Nelson
An Indiana Court of Appeals panel was split in determining how much weight to give to a defendant's mental illness in evaluating her sentence.
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Event to focus on election, U.S. Supreme Court

September 23, 2008
IL Staff
University of Notre Dame Law School professor Richard Garnett is the featured speaker at an event discussing the upcoming presidential election and its impact on the nation's highest court.
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High court vies for international tech award

September 22, 2008
IL Staff
The Indiana Supreme Court is one of 13 international finalists being recognized for recent technology efforts, which include the case management system being phased in statewide to connect all county courts.
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Decomposition cleanup subject to lien law

September 22, 2008
Michael Hoskins
A decomposing body left in a Johnson County home has led the Indiana Court of Appeals to analyze the state mechanic's lien statute.
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7th Circuit to hear arguments at law school

September 22, 2008
IL Staff
The 7th Circuit Court of Appeals travels Tuesday to hear arguments at Indiana University School of Law - Indianapolis.
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Granted transfers include child-support case

September 22, 2008
Jennifer Nelson
The Indiana Supreme Court granted three transfers late last week, including one in which the court will re-examine a 2007 decision involving child support and incarcerated parents.
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Supreme Court disbars Indianapolis attorney

September 19, 2008
Michael Hoskins
An Indianapolis lawyer who engaged in repeated and serious acts of attorney misconduct involving multiple clients has been disbarred.
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COA: Gun test-firing not an unlawful search

September 19, 2008
Michael Hoskins
Routine test-firing of handguns that police have in their custody isn't a violation of a person's Fourth Amendment rights, the Indiana Court of Appeals ruled today.
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Appeals court reverses student's convictions

September 19, 2008
Michael Hoskins
The Indiana Court of Appeals has reversed a teenager's convictions for battery and disorderly conduct stemming from a face-off with an assistant principal and dean of students in the school cafeteria.
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Estate must be reimbursed for funeral expenses

September 18, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a trial court's approval of money received in a wrongful death suit of an Indianapolis attorney to be used to reimburse his estate for funeral and burial expenses.
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Commission admonishes Howard County judge

September 18, 2008
IL Staff
A Howard Superior judge has received a public admonition for his April 2008 actions in that county's prosecutor's office. In lieu of filing formal disciplinary proceedings, the Indiana Commission on Judicial Qualifications issued the admonition, as allowed by the Indiana Supreme Court.
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9th Circuit upholds Arizona immigration law

September 18, 2008
Michael Hoskins
Indiana lawmakers who want to pass legislation targeting employers who knowingly hire illegal immigrants got ammunition from a federal appellate court ruling in California.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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