October 20, 2010
Jennifer NelsonThe Howard Superior Court erred in finding that the counselor/client privilege prevented the admission of a son’s counseling
records during a custody modification hearing, the Indiana Court of Appeals ruled today.
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October 18, 2010
IL StaffAs part of its “Appeals on Wheels” initiative, the Indiana Court of Appeals will hit the road this week to hear
arguments.
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October 14, 2010
Jennifer NelsonThe Indiana Court of Appeals addressed the interplay between sections 6 and 10 of Indiana Code 31-37-19 governing juvenile
commitment for the first time today. The judges noted when they are applied separately the sections produce opposite results
regarding the purpose of the statutes.
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October 14, 2010
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may
be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.
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October 13, 2010
Jennifer NelsonEven though a defendant waived his argument for appeal that a stipulation may not be placed before a jury via preliminary
jury instructions, the Indiana Court of Appeals held the opposite today in a case involving a conviction of unlawful possession
of a firearm by a serious violent felon.
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October 13, 2010
IL StaffIf the results of the Indiana State Bar Association’s 2010 Judicial Retention Poll are any indicator of next month’s
election, then the five Indiana Court of Appeals judges up for a vote will be easily retained.
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October 13, 2010
Michael HoskinsOne third of the Indiana Court of Appeals judges face a retention vote this year. Read the judges’ answers to questions
posed by Indiana Lawyer.
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October 13, 2010
IL StaffIndiana University Maurer School of Law – Bloomington recently hosted two appellate hearings at the law school’s
moot court room.
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October 13, 2010
Michael HoskinsThe Indiana Supreme Court has refused to sidestep the state’s intermediate appellate court on a judicial-election issue
from Lake County, while the lower appeals court decided not to grant an expedited-hearing request despite the pending election.
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October 13, 2010
Indiana Lawyer posed 11 questions to the five Indiana Court of Appeals judges who are facing retention this year – Judges
L. Mark Bailey, Melissa S. May, Margret G. Robb, Cale J. Bradford, and Elaine B. Brown.
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October 12, 2010
Elizabeth BrockettA property-settlement document is not an enforceable contract if one of the parties dies before the dissolution action is
finalized, the Indiana Court of Appeals ruled today.
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October 12, 2010
Elizabeth BrockettThe Indiana Court of Appeals today reversed an interlocutory order and remanded for the trial court to grant prejudgment possession
of farm equipment to a company that had security interest in it even though it had been traded to another company.
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October 8, 2010
Michael HoskinsThe Indiana Court of Appeals today significantly slashed a $42.4 million damages award against the state, cutting the period
from which employees can recover back pay from 20 years to about two months.
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October 8, 2010
Jennifer NelsonRuling on the issue for the first time, the Indiana Court of Appeals has held that a military spouse may not, by a post-decree
waiver of retirement pay in favor of disability benefits or combat-related special compensation, unilaterally and voluntarily
reduce the benefits awarded to the former spouse in a dissolution decree.
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October 6, 2010
Elizabeth BrockettThe Court of Appeals today affirmed a man’s convictions and sentence for felony robbery despite his challenge to whether
the trial court properly admitted DNA evidence and allowed the testimony of a witness discovered mid-trial.
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October 5, 2010
Rebecca BerfangerWhen asked whether the conviction of and sentence for felony murder were appropriate findings for a 14-year-old offender,
the Indiana Court of Appeals today affirmed the Marion Superior Court’s decision.
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October 4, 2010
Jennifer NelsonThe Indiana Court of Appeals upheld the denial of man’s motion to suppress, finding Indiana Code doesn’t bar law
enforcement from investigating violations in private parking lots even if there isn’t a contractual agreement with the
property owner to allow officers to enforce traffic ordinances.
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September 30, 2010
Kathleen McLaughlinThe Indiana Court of Appeals has sided with former Columbus, Ind., banker Will Miller in an estate battle launched by his
older brother, Hugh.
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September 30, 2010
Elizabeth BrockettThe attorney for a man challenging the inclusion of a Lake County judicial prospect’s name on the general election ballot
will seek an expedited hearing with the Indiana Court of Appeals after justices Wednesday denied a second emergency request
for transfer.
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September 30, 2010
Jennifer NelsonThe trial court didn’t err in allowing a victim’s pre-trial identification of his attacker, the Indiana Court
of Appeals ruled today in a matter of first impression.
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September 30, 2010
Jennifer NelsonIn a matter of first impression, a portable breath test mouthpiece isn’t a foreign substance that will act to invalidate
the results of a blood alcohol content Datamaster chemical breath test, the Indiana Court of Appeals ruled today.
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September 30, 2010
Michael HoskinsJustice Theodore R. Boehm marked his departure from the Indiana Supreme Court today with a celebratory retirement ceremony,
using that event to announce that he’ll not only be senior judging at the appellate and trial levels but that he’s
joining Van Winkle Baten Rimstidt Dispute Resolution in Indianapolis as an arbitrator and mediator.
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September 29, 2010
Michael HoskinsThe Indiana Supreme Court has refused to sidestep the state’s intermediate appellate court on a judicial election issue
from Lake County, which involves a prospect for the bench being able to stay on the ballot.
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September 29, 2010
Rebecca BerfangerWhen filing a claim for Medicaid disability benefits, the process sounds straightforward: Complete an application that includes
all disabilities that would make the case that you deserve the benefits. If your application is deemed sufficient by a Medicaid
Medical Review Team, you get the benefits. If not, you receive a one- or two-page letter that includes information about how
you can appeal.
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September 28, 2010
Elizabeth BrockettThe Indiana Court of Appeals today affirmed summary judgment in favor of an insurance company, noting a soccer team’s
accident while traveling to an activity outside of the trip’s purpose was not covered.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!