Courts

Assistant US attorney chosen as federal magistrate

October 13, 2014
IL Staff
An assistant U.S. attorney in Hammond has been tapped as the newest magistrate judge for the Fort Wayne Division of U.S. District Court for the Northern District of Indiana.
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New Bloomington mental health court starting up

October 13, 2014
 Associated Press
A new Monroe County mental health court is aimed at keeping people mentally stable and out of trouble and the community safe, officials said.
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Conour malpractice carrier wins rescission of coverage

October 10, 2014
Dave Stafford
The insurance company that provided malpractice coverage to ex-attorney and convicted fraudster William Conour prevailed in its civil suit against him, but his many victims still may receive a small amount from the case.
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Appeals court revives inverse condemnation claim

October 10, 2014
Jennifer Nelson
A woman who sued after town and county officials worked on a drainage project on her property without her permission will be able to present her claim for inverse condemnation. The Indiana Court of Appeals reversed the dismissal of that claim in her lawsuit against officials but affirmed she acted too late to present a trespass claim.
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Strip club case heads to federal appeals court

October 10, 2014
 Associated Press
The 7th U.S. Circuit Court of Appeals in Chicago will hear arguments on whether a northeastern Indiana city acted properly when it prevented a Fort Wayne couple from opening a strip club.
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Judge finds Marion County judicial election system unconstitutional

October 9, 2014
Jennifer Nelson
A federal judge in Indianapolis has ruled that the statute outlining how Marion Superior judges are elected is unconstitutional. Because a stay has been issued, the ruling will not impact next month’s election.
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Judges uphold convictions for death of child at unlicensed home daycare

October 9, 2014
Jennifer Nelson
The state presented sufficient evidence that a Hamilton County woman operated a child care home under the law, the Indiana Court of Appeals held Thursday in affirming her convictions related to a death of a child while in her care.
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School discipline summit highlights problem of suspensions and expulsions

October 9, 2014
Marilyn Odendahl
Speaking to a group of Indiana educators, school administrators and legal professionals, retired Judge Irene Sullivan drew applause when she stated school suspensions and expulsions should be illegal under federal law.
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Garage door company on hook for $21M jury award

October 9, 2014
IBJ Staff
A Plainfield garage door company has been ordered to pay $21.3 million in damages to an Indianapolis man who suffered permanent, disabling spinal injuries in 2006 due to a malfunctioning garage door.
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Humvee maker wins $27.9M judgment against supplier

October 8, 2014
Dave Stafford
A supplier of armored doors for Humvees made for the military overcharged the manufacturer, a federal judge ruled Monday, awarding South Bend-based AM General LLC a $27.9 million judgment.
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Justices vacate transfer in insurance policy lawsuit

October 8, 2014
IL Staff
The Indiana Supreme Court decided Tuesday that the Court of Appeals decision regarding an insurance policy sold by Settlers Life Insurance Co. should stand, so it vacated transfer of a case it took in August.
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AT&T ‘mobile cramming’ settlement nets refunds for Hoosiers

October 8, 2014
Jennifer Nelson
A $105 million settlement reached Wednesday with AT&T Mobility LLC means that nearly half a million Indiana residents may be eligible for refunds for unauthorized charges on their cell phone bills.
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Judge halts planned consolidation of Zionsville, Perry Township

November 10, 2010
Andrea Muirragui Davis, IBJ Staff
A Boone County judge has ruled that Zionsville can’t absorb the operations of Perry Township even if voters OK a reorganization plan that’s already on next month’s ballot.
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Evidence doesn’t show existence of family housing complex at time of crime

October 8, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s Class A felony conviction for dealing cocaine within 1,000 feet of a family housing complex because the state didn’t prove the complex qualified as family housing under the law at the time of the offense.
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ISBA members say ‘yes’ to retaining appellate judges

October 8, 2014
IL Staff
The four Indiana appellate judges up for retention next month have the approval of ISBA members, according to survey results released Tuesday by the organization. Members overwhelmingly voted that the judges should be retained.
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US Supreme Court hears dispute over pay for security checks

October 8, 2014
 Associated Press
Several Supreme Court justices seem disinclined to find that employers must pay workers for time spent waiting to go through anti-theft security checks at the end of their shifts.
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Video shows officer using stun gun in traffic stop

October 8, 2014
 Associated Press
A cellphone video released Tuesday shows police in Indiana breaking a car window then using a stun gun on a man after police stopped the driver for not wearing a seat belt. The video, recorded by the driver's 14-year-old son, captured a Sept. 24 confrontation between two adults in the car and police that's the basis of a lawsuit filed in U.S. District Court against several officers and the city of Hammond.
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Indiana county clerks told to allow gay marriages

October 8, 2014
 Associated Press
The Indiana attorney general's office told county clerks across the state Tuesday that they must issue marriage licenses to same-sex couples.
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Keeping death certification accessible is 'victory for the public'

October 8, 2014
Marilyn Odendahl
Both the Hoosier State Press Association and the Indiana attorney general are applauding the Indiana Supreme Court’s ruling Tuesday that cause of death information is public.
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Millions more sought for representation of juveniles

October 8, 2014
Dave Stafford
The money is needed for guardians ad litem and court appointed special advocates, and to pay for the new rule requiring defenders in delinquency cases.
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SCOTUS denial of marriage lawsuits creates historic day

October 8, 2014
Marilyn Odendahl
The decision by the Supreme Court of the United States not to hear any of the same-sex marriage cases before it was unexpected but very welcomed by the same-sex couples and their attorneys who challenged Indiana’s marriage ban.
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Officer's meth-exposure claims untangled by appeals court

October 8, 2014
Dave Stafford
The Indiana Court of Appeals rules an injured city policeman must exhaust workers' comp remedies before turning to the injured-on-duty statute.
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INBOX: Keep Marion County Small Claims out of Superior Court

October 8, 2014
A reader believes the rational solution to issues in Marion County Small Claims Courts is to keep the system as it is and not move it to Marion Superior Court.
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Disciplinary Actions - 10/8/14

October 8, 2014
IL Staff
Read who's been recently disciplined by the Indiana Supreme Court.
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Unanimous Supreme Court holds death certificates are public records

October 7, 2014
Marilyn Odendahl
Taking what it called a “plain reading” of the state statute, the Indiana Supreme Court ruled death certificates which include the cause of death are public records and should be available to anyone who requests access.
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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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