Indiana Lawyer Staff

JTAC fee bill amended, other bills moving

February 11, 2011
IL Staff
The Senate bill aimed at increasing the automated record-keeping fee to pay for a statewide case management system made it out of committee, but not before legislators decreased the fee beginning this year.
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Cuts proposed to LSC budget would affect ILS

February 10, 2011
Rebecca Berfanger
Among approximately 70 proposed budget cuts, the U.S. House Appropriations Committee has proposed cutting $75 million, or 17 percent of the budget for the Legal Services Corporation, which funds 136 civil legal aid programs around the country, the committee announced Wednesday.
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Justices find statute doesn't apply to landfill facility

February 10, 2011
Jennifer Nelson
The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.
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Appeals court reverses summary judgment for pharmacist, CVS

February 10, 2011
Jennifer Nelson
The Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment in favor of the drug store and pharmacist in a negligence suit.
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Man gets 10 years for human trafficking

February 10, 2011
Jennifer Nelson
The first person convicted of human trafficking in Marion County has received 10 years on the charge.
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Supreme Court affirms admitting English transcript at trial

February 9, 2011
Jennifer Nelson
English language translation transcripts of statements recorded in foreign language, if otherwise admissible, may be properly considered as substantive evidence, the Indiana Supreme Court ruled Wednesday.
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Justices answer certified question on fault

February 9, 2011
Jennifer Nelson
After revising a certified question received from the federal court, Indiana Supreme Court justices answered the question in the affirmative.
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Judge reverses probate court in first opinion

February 9, 2011
Jennifer Nelson
Judge Martha Wentworth has handed down her first opinion as Indiana’s Tax Court judge. In her decision, she reversed the probate court’s finding that an estate didn’t have to file an inheritance tax return on checks issued to a deceased woman’s brother on an annuity contract.
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Justices uphold modification of physical custody to father

February 8, 2011
Jennifer Nelson
A majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to support the modification.
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Fundraiser to benefit Legal Aid in Tippecanoe County

February 8, 2011
IL Staff
The Legal Aid Outback lunch and auction will be held Feb. 23 at Outback Steakhouse in Lafayette. Proceeds from the event benefit Legal Aid Corporation of Tippecanoe County, a nonprofit that provides low-cost legal assistance to low-income county residents on family law matters.
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JTAC fee, Clark County courts bills before committees

February 7, 2011
Jennifer Nelson
A bill that would increase the automated record-keeping fee to pay for implementation of a statewide case-management system and a bill that proposes to create a unified Circuit Court in Clark County are just two of the bills before committees this week in the Indiana General Assembly.
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Judges order new PCR hearing on guilty plea issue

February 7, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory or involuntary.
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Justices to hear negligence case at IU-Indy

February 7, 2011
IL Staff
The Indiana Supreme Court will hold oral arguments in a case alleging negligence against the Putnam County sheriff Tuesday at Indiana University School of Law - Indianapolis.
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COA reverses father's visitation of adopted daughter

February 7, 2011
Jennifer Nelson
Although one Indiana Court of Appeals judge concurred that a biological father’s petition granting visitation with his daughter should be reversed, he urged legislators and the Indiana Supreme Court to reconsider the issues raised in this case to “avoid equally unjust results in future cases.”
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Judges affirm judgment for real estate agent on negligence claim

February 4, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed that a real estate agent representing buyers did not breach the duty he had to the sellers when he communicated with them personally about accepting his clients’ offer.
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Justices order man to be re-sentenced

February 3, 2011
Jennifer Nelson
A man who received 50 years for murder should be re-sentenced because of conflicting amendments involving the penalty for murder at the time the judge handed down the sentence, the Indiana Supreme Court ruled today.
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Law students offer tax preparation assistance

February 3, 2011
Rebecca Berfanger
Students from the four Indiana law schools are participating in the Internal Revenue Service’s Volunteers in Tax Assistance program during the 2011 tax season.
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Unified courts, judicial nomination bills move

February 3, 2011
Jennifer Nelson
Several bills of impact on the courts saw action this week before the Indiana General Assembly shut down for two days after a winter storm hit the state.
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Hammond District court closed Thursday

February 3, 2011
IL Staff
The Clerk’s Office and Hammond District Court in the U.S. District Court, Northern District of Indiana remain closed Thursday due to weather conditions.
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AALS president to speak at IU Maurer School of Law

February 2, 2011
IL Staff
The president of the Association of American Law Schools will speak about higher education issues at Indiana University Maurer School of Law at noon Feb. 7 in the law school’s moot courtroom at 211 S. Indiana Ave., Bloomington. The event is free and open to the public.
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Knightstown Town Court judge resigns, New Castle lawyer takes bench

February 2, 2011
IL Staff

Knightstown Town City Judge Lewis Hayden Butler resigned from the bench on Monday and the Indiana Supreme Court has appointed New Castle attorney Joseph Lansinger to take that seat.

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Justices' split reinstates COA annexation ruling

February 2, 2011
Michael Hoskins
A split decision by the Indiana Supreme Court on an annexation battle between Greenwood and Bargersville means a lower appellate panel’s decision is reinstated and the city takes a win in the 29-month legal battle that has statewide implications.
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Many courts shut down due to weather

February 2, 2011
IL Staff
Several courts around the state are closed today after heavy snow and ice hit Indiana this week. The weather has even caused the Indiana General Assembly to postpone hearings for a second day.
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Indianapolis federal court on 2-hour delay

February 2, 2011
IL Staff
The Indianapolis Division of the U.S. District Court, Southern District of Indiana will open for business at 10:30 a.m. Wednesday. The court had closed early Tuesday because of a winter storm bringing snow and ice to Indiana.
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Same firm, but different cases before Supreme Court on same day

February 2, 2011
Michael Hoskins
For appellate attorneys Paul Jefferson and Mark Crandley at Barnes & Thornburg, this double-argument day Jan. 20 was a new experience that many say isn’t very common in the legal community.
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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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