Courts

Delaware County's first public defender dies

February 10, 2010
IL Staff
A former Delaware County Circuit judge and the first public defender in that county died Monday.
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Majority affirms conviction despite no witnesses

February 9, 2010
Jennifer Nelson
An appellate judge dissented from the majority's decision to uphold a woman's conviction of operating a car after her driving privileges had been forfeited for life, finding that confirming her conviction would break from precedent.
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Judges reverse theft conviction

February 9, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the jury on conversion as a lesser-included offense of theft.
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Circuit Court rules on first impression issue

February 9, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals resolved an issue of first impression today: what is needed to be deemed "adequate writing" under the Telecommunications Act of 1996.
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COA split on whether company can repurchase stock

February 8, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed as to whether a company's attempt to exercise its option to repurchase stock had occurred in a timely manner under a shareholders' agreement.
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Class not certified in suit against lawyer

February 5, 2010
Jennifer Nelson
A federal judge denied a motion for class certification in a suit filed under the Fair Debt Collection Practices Act against an Indianapolis attorney. However, he did suggest the plaintiff file another motion for class certification for two separate groups.
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SCOTUS admission applications due Feb. 19

February 5, 2010
IL Staff
Attorneys who'd like to be admitted to practice before the United States Supreme Court have until Feb. 19 to submit their applications to the Indiana State Bar Association.
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Feds indict East Chicago mayor, former official

February 4, 2010
Michael Hoskins
Another East Chicago mayor is now being charged in the federal court for alleged misuse of public money, and defense attorneys say they'll go to trial to fight the charges.
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Indiana woman sues Toyota due to recall

February 4, 2010
Jennifer Nelson
A Hamilton County woman has filed a class action suit against Toyota, alleging fraud and breach of warranties as a result of the recent recall of Toyota vehicles.
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Praising new judicial selections

February 3, 2010
Michael Hoskins
The Hoosier legal community is publicly praising the newest nominees for the state's federal bench as good choices, particularly for those interested in seeing a more diverse judiciary.
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Little court guidance on repressed memory litigation results in trial court split

February 3, 2010
Michael Hoskins
Reaching into a person's mind to revive repressed memories is an issue that's settled law in one sense, but what remains unsettled is how such memories are used during litigation and whether a lawsuit should be tossed or allowed to proceed to trial.
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Appellate Clerk's Office no longer sending rulings via the Postal Service.

February 3, 2010
Michael Hoskins
Appellate attorneys no longer receive a mailed hard copy of any order issued by Indiana's highest courts. Instead, those lawyers are now receiving documents in an e-mail.
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Courts coping with tough times

February 3, 2010
Michael Hoskins
No one needs to tell Johnson Circuit Judge Mark Loyd how tough times are for the state's court system.
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Court considers broadening emotional distress 'Bystander Rule'

February 3, 2010
Rebecca Berfanger
Parties are waiting for the Supreme Court's decision following arguments in November in a case where a trial court granted and the Court of Appeals affirmed an award for emotional distress above and beyond the capped amount in the Adult Wrongful Death Statute as defined by Indiana Code 34-23-1-2.
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COA rules on service of summons issues

February 3, 2010
Jennifer Nelson
The Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the servicing parties needed to do more to ensure the recipients actually get notice.
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Judges affirm finding teen is a CHINS

February 2, 2010
Jennifer Nelson
The Indiana Court of Appeals upheld the finding that a 17-year-old is a child in need of services, ruling that evidence of her drug test wasn't irrelevant and was properly admitted by the trial court.
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Appeals court split on parol evidence issue

February 1, 2010
Jennifer Nelson
Judges on the Indiana Court of Appeals were split on whether a boss's oral promise to a future employee regarding a severance package would be barred from consideration by the parol evidence rule.
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Judge unsure about ACLU student chapter

February 1, 2010
Michael Hoskins
An Indianapolis-based federal judge wants to know more before he decides whether a student chapter of the American Civil Liberties Union of Indiana has standing to seek class certification in a lawsuit against the Indiana Board of Law Examiners.
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COA differs on why no insurer duty to defend

January 29, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges agreed that two insurance companies are entitled to summary judgment, but the judges disagreed as to why the insurers owed no duty to defend.
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COA to visit high school for arguments Tuesday

January 29, 2010
IL Staff
The Indiana Court of Appeals travels to an Indianapolis high school Tuesday for arguments in case involving a robbery of a pharmacy.
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COA: lawyer-client privilege protects information

January 28, 2010
Jennifer Nelson
A defendant's belief that his right to seek exculpatory evidence trumps the attorney-client privilege is incorrect, the Indiana Court of Appeals ruled today.
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Justices: Agreement was impermissibly modified

January 28, 2010
Jennifer Nelson
A LaPorte Superior judge made an impermissible modification to a divorced couple's settlement agreement by giving the bank's lien on the family farm priority over the ex-wife's lien, the Indiana Supreme Court ruled today.
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COA reverses 4 attempted robbery convictions

January 27, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed four convictions of attempted robbery after finding the evidence didn't support a reasonable inference that the defendant intended to rob each of the alleged victims.
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County immunity in weather-related accident

January 27, 2010
Jennifer Nelson
The Indiana Supreme Court affirmed summary judgment for a county sued as a result of a weather-related accident, holding government liability immunity in steps taken as a result of the weather lasts until at least the weather condition has stabilized.
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COA affirms mentally ill man's murder conviction

January 27, 2010
Jennifer Nelson
The Indiana Court of Appeals was compelled today by Indiana Supreme Court precedent to affirm a murder conviction for a man who was found guilty but mentally ill.
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