Courts

Lawyers challenge imbalance of power

March 18, 2009
Michael Hoskins
Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.
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High court rules on self-representation issue

March 17, 2009
Jennifer Nelson
The Indiana Supreme Court affirmed a trial court's ruling that a defendant who was competent enough to stand trial wasn't competent to represent himself at trial, an issue on remand from the Supreme Court of the United States.
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Military-leave suit targets law firm

March 17, 2009
Michael Hoskins
The U.S. Department of Justice says an Indianapolis law firm wrongfully refused to re-employ a staff attorney who'd returned from serving in Iraq as a member of the Indiana Army National Guard.
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Judge Hamilton nominated for 7th Circuit

March 17, 2009
Michael Hoskins
An Indianapolis federal judge could be the next to take a spot on the 7th Circuit Court of Appeals.
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Supreme Court seeking comment on 3 changes

March 16, 2009
IL Staff
The Indiana Supreme Court is seeking comment on three issues: clarifying what constitutes pro bono work; change of venue; and whether custodial police interrogations should be recorded.
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High court rules on issue preclusion in tax case

March 16, 2009
Jennifer Nelson
In an opinion handed down March 6, the Indiana Supreme Court had to decide whether a previous ruling barred the Indiana Department of Revenue from raising new contentions in support of a different method of allocation of income to the state.
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Case shows challenge of ending res gestae

March 16, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's convictions and sentence for the 2007 murder and rape of a 14-year-old girl in Columbus, noting that the evidence the man objected to being admitted showed the challenges presented by eliminating the doctrine of res gestae.
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Foreclosure training in Griffith March 18

March 13, 2009
IL Staff
The Indiana Supreme Court has announced its second training session for attorneys, judges and mediators to learn how to handle foreclosure cases, including through pro bono representation.
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High court expands Lambert decision

March 13, 2009
Jennifer Nelson
The Indiana Supreme Court issued two opinions today dealing with incarceration being considered as a substantial change in circumstances to justify modifying a child support order and what date a modification may take place.
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eBay suit presents issue of first impression

March 13, 2009
Jennifer Nelson
In an issue of first impression in Indiana - and possibly in the United States - the Indiana Court of Appeals addressed specific jurisdiction questions in a suit filed by sellers on the online auction site, eBay.
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Court split in public defender 'firm' issue

March 12, 2009
Jennifer Nelson
In a disciplinary action released Wednesday by the Indiana Supreme Court, the justices disagreed as to whether two public defenders who worked part time in the same public defender office of Putnam County were "associated in a firm."
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Justices disagree on judge's penalty

March 12, 2009
Michael Hoskins
A suspended Marion Superior judge will be able to return to the bench after another 60 days off the bench, this time without pay.
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Court: Don't assume undue influence by child

March 11, 2009
Jennifer Nelson
The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.
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Justices reprimand Allen Circuit judge

March 11, 2009
Michael Hoskins
The Indiana Supreme Court today publicly reprimanded Allen Circuit Judge Thomas Felts, who last summer was arrested for and later pleaded guilty to drunk driving.
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7th Circuit: Courts wrongfully denied re-litigation

March 11, 2009
Jennifer Nelson
Finding Indiana state and District courts erred in denying a convicted killer the chance to re-litigate his claim for relief from execution because he is mentally retarded, the 7th Circuit Court of Appeals vacated the District Court's denial of the man's habeas petition
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Judge suspended for 60 days, no pay

March 11, 2009
Michael Hoskins
The Indiana Supreme Court has suspended Marion Superior Judge Grant W. Hawkins from the bench for 60 days without pay, though two justices wanted a yearlong penalty while two others wanted a month suspension.
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Attorneys get public reprimand

March 11, 2009
Jennifer Nelson
In a disciplinary action released by the Indiana Supreme Court today, the justices held that the text of a 2004 version of the Indiana Professional Conduct Rule 1.15(b), as reinforced by Comment 3, required attorneys to promptly distribute undisputed portions of funds they held for clients or third parties.
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Courthouse commission members named

March 11, 2009
IL Staff
Gov. Mitch Daniels and Indiana Supreme Court Chief Justice Randall T. Shepard have selected the members of the Courthouse Preservation Advisory Commission. The commission will advise county officials on caring for Indiana's historic courthouses and provide recommendations on how they can be preserved.
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Court names temporary judges

March 10, 2009
IL Staff
Two temporary judges have been selected by the Indiana Supreme Court to fill vacancies in Wayne and Madison counties.
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Single order can have more than 1 disposition

March 10, 2009
Michael Hoskins
The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.
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High court: land seller not liable in death

March 10, 2009
Jennifer Nelson
Addressing an issue of first impression today, the Indiana Supreme Court considered under what circumstances a vendor of land may be liable to a third party for harm resulting from the condition of trees on the property near a road.
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Supreme Court grants transfer, remands case

March 10, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case involving a defendant's motion for leave to file a belated appeal and remanded the case for further proceedings.
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COA upholds denial of motion for class action

March 9, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion for a class-action suit because a claimant seeking redress pursuant the Wage Claims Act has to first submit the claim to the Department of Labor before filing a lawsuit and can't bypass the statute if another member of the putative class has already submitted a claim.
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Teen's Fourth Amendment rights not violated

March 9, 2009
Jennifer Nelson
Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.
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Transfer vacated in builder negligence suit

March 6, 2009
IL Staff
The Indiana Supreme Court vacated transfer in an order dated March 4 to a case involving homeowners and companies that performed work on their house
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  1. The $320,000 is the amount the school spent in litigating two lawsuits: One to release the report involving John Trimble (as noted in the story above) and one defending the discrimination lawsuit. The story above does not mention the amount spent to defend the discrimination suit, that's why the numbers don't match. Thanks for reading.

  2. $160k? Yesterday the figure was $320k. Which is it Indiana Lawyer. And even more interesting, which well connected law firm got the (I am guessing) $320k, six time was the fired chancellor received. LOL. (From yesterday's story, which I guess we were expected to forget overnight ... "According to records obtained by the Journal & Courier, Purdue spent $161,812, beginning in July 2012, in a state open records lawsuit and $168,312, beginning in April 2013, for defense in a federal lawsuit. Much of those fees were spent battling court orders to release an independent investigation by attorney John Trimble that found Purdue could have handled the forced retirement better")

  3. The numbers are harsh; 66 - 24 in the House, 40 - 10 in the Senate. And it is an idea pushed by the Democrats. Dead end? Ummm not necessarily. Just need to go big rather than go home. Nuclear option. Give it to the federal courts, the federal courts will ram this down our throats. Like that other invented right of the modern age, feticide. Rights too precious to be held up by 2000 years of civilization hang in the balance. Onward!

  4. I'm currently seeing someone who has a charge of child pornography possession, he didn't know he had it because it was attached to a music video file he downloaded when he was 19/20 yrs old and fought it for years until he couldn't handle it and plead guilty of possession. He's been convicted in Illinois and now lives in Indiana. Wouldn't it be better to give them a chance to prove to the community and their families that they pose no threat? He's so young and now because he was being a kid and downloaded music at a younger age, he has to pay for it the rest of his life? It's unfair, he can't live a normal life, and has to live in fear of what people can say and do to him because of something that happened 10 years ago? No one deserves that, and no one deserves to be labeled for one mistake, he got labeled even though there was no intent to obtain and use the said content. It makes me so sad to see someone I love go through this and it makes me holds me back a lot because I don't know how people around me will accept him...second chances should be given to those under the age of 21 at least so they can be given a chance to live a normal life as a productive member of society.

  5. It's just an ill considered remark. The Sup Ct is inherently political, as it is a core part of government, and Marbury V Madison guaranteed that it would become ever more so Supremely thus. So her remark is meaningless and she just should have not made it.... what she could have said is that Congress is a bunch of lazys and cowards who wont do their jobs so the hard work of making laws clear, oftentimes stops with the Sups sorting things out that could have been resolved by more competent legislation. That would have been a more worthwhile remark and maybe would have had some relevance to what voters do, since voters cant affect who gets appointed to the supremely un-democratic art III courts.

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