Courts

Court tackles 'sexual activity' meaning in statute

April 7, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
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Judges affirm denial of post-conviction relief

April 6, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana Evidence Rule.
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Judge dismisses civil forfeiture suit against state prosecutors

April 6, 2011
Michael Hoskins
A Marion Superior judge has tossed a lawsuit against 78 county prosecutors being accused of breaking the law by not turning over seized assets from criminals to a school construction fund. In doing so, the judge expressed concern about the lack of reasoning and consistency demonstrated by prosecutors throughout the state.
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State won't immediately appeal IBM 'deliberative processes' ruling

April 6, 2011
Michael Hoskins
At least for now, the Indiana Court of Appeals isn’t being asked to consider a Marion County judge’s decision that held a “deliberative process” privilege exists in Indiana.
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Coroner's office loses 2nd reverse-discrimination appeal

April 5, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has ruled that a reverse-discrimination case against Marion County should be able to proceed in federal court in Indianapolis because evidence shows the former county coroner’s decision to terminate a forensic pathology company’s contract may have been based on race.
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Federal judge upholds Evansville man's death sentence

April 4, 2011
Michael Hoskins
A federal judge in Indianapolis has upheld the death sentence of a condemned man who killed his wife and two young children in Evansville a decade ago.
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COA reverses judgment in title insurance issue

April 4, 2011
Jennifer Nelson
The Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.
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Circuit Court orders new trial on Rule 404(b) grounds

April 4, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has found an Indiana federal court should not have allowed evidence of a defendant’s prior drug convictions under Federal Rule of Evidence 404(b). As a result of the violation, the judges reversed the man’s drug conviction and ordered a new trial.
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Case asks whether school board members can run for political office

April 1, 2011
Michael Hoskins
A Lake Superior judge may not be breaking any new legal ground with an election-related ruling this week, but he’s set the stage for an appeal that could clear up confusion about whether nonpartisan school board members must give up their right to run for a public office that requires the candidate to declare their political party affiliation.
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Bankruptcy courts seek comments on local rules

April 1, 2011
IL Staff
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on several proposed changes to local rules, and the addition of a new local rule.
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COA to hear appeal at University of Southern Indiana

April 1, 2011
IL Staff
The Indiana Court of Appeals will be in Evansville April 4 to hear an appeal regarding methamphetamine convictions.
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7th Circuit rules on Rolls-Royce job-bias case

March 31, 2011
Michael Hoskins
A day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history, the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying women less than men for the same or similar work.
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Judges: defendant should be able to confront witness

March 31, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.
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Indy lawyer pays $371,000 to settle Fair Finance lawsuit

March 31, 2011
Greg Andrews
Fair Finance Co.’s bankruptcy trustee has reached a $371,000 settlement with Stephen Plopper, an Indianapolis attorney accused of defaulting on a 2003 loan from the Tim Durham-owned business.
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Court: DNR case can proceed despite 11-year delay

March 31, 2011
Michael Hoskins
The Indiana Court of Appeals has looked past a trial rule calling for diligent prosecution of claims, finding that a state Department of Natural Resources land ownership dispute can proceed despite an 11-year delay in prosecuting because it’s of great public importance and should be decided on the merits.
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Court: 'ingress' and 'egress' doesn't include parking

March 30, 2011
Michael Hoskins
The Indiana Court of Appeals has reversed a trial judge on a land use dispute between two sets of neighbors, finding that the clear meanings of “ingress" and "egress” do not include parking as two of the Porter County residents had argued based on past caselaw.
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SCOTUS asked to take Indiana stun belt case

March 30, 2011
Michael Hoskins
The Supreme Court of the United States is being asked to consider an Indiana case about a convicted murderer’s claim that he was improperly restrained with a stun belt during his trial and that led to a wrongful conviction.
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COA to hear appeal in stalking case at IU-South Bend

March 30, 2011
IL Staff
The Indiana Court of Appeals will hear oral arguments Thursday at Indiana University – South Bend.
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Legal analysts use media to educate public about issues

March 30, 2011
Rebecca Berfanger
Lawyers and judges who eat, sleep, and breathe the law might find it easy to forget that not everyone understands the finer points of how the justice system works. This is where legal commentators – analysts of the inner workings of the legal system – come into play.
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Respected leaders in U.S. Attorney's Office for Southern District retire

March 30, 2011
Michael Hoskins
Two longtime leaders in the U.S. Attorney’s Office for the Southern District are retiring this month, taking with them more than a half century of combined legal experience.
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Revising rules on agency lawyers

March 30, 2011
Michael Hoskins
Attorneys from outside Indiana should know this: The process for practicing before state administrative agencies, even temporarily, is changing and may impact your ability to practice law in this state.
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COA accepts appeal on Camm prosecutor

March 30, 2011
Michael Hoskins
The Indiana Court of Appeals has accepted an interlocutory appeal addressing whether a southern Indiana prosecutor should be able to stay on the third triple-murder trial of former Indiana State Police trooper David Camm
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Convictions a likelihood in Fair Finance case

March 30, 2011
Scott Olson
Defense attorneys representing indicted businessman Tim Durham and two other executives tied to bankrupt Fair Finance Co. could have a hard time convincing a jury of their innocence.
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Disciplinary Actions - 3/30/11

March 30, 2011
See who's been suspended or received a public reprimand from the Indiana Supreme Court.
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Appellate court affirms arbitration on claims against college

March 29, 2011
Michael Hoskins
With one judge frustrated that Indiana residents and students may have been “hornswoggled” by a college’s advertisements about being accredited, the Indiana Court of Appeals has upheld an order compelling arbitration on a claim that three students were fraudulently induced to enroll because of misrepresentation about that accreditation.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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