Indiana Lawyer Staff

COA upholds eviction action

April 26, 2010
Jennifer Nelson
A trial court properly treated a couple's action against the man who agreed to purchase a house from them as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of a pre-closing possession agreement like the one in the instant case.
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Tax court rules on inheritance issue

April 23, 2010
Jennifer Nelson
In Indiana, a person adopted pre-emancipation can't be considered a Class A transferee beneficiary for inheritance tax purposes, the Indiana Tax Court ruled Thursday afternoon in an issue of first impression.
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Court split on burglary tipster issue

April 22, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police was sufficient by itself to justify a police officer's stop of a juvenile.
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Judges reverse protection order

April 22, 2010
Jennifer Nelson
A protection order under Indiana Code Section 34-26-5 against a woman should not have been issued because there was no evidence of domestic violence, stalking or a sex offense as required by statute, the Indiana Court of Appeals ruled today.
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Full appeals court decides on IPAS case

April 22, 2010
Michael Hoskins
Nine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding mentally ill inmates, finding an independent state agency had a right to sue on those issues.
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Senate confirms Capp as U.S. Attorney

April 22, 2010
Michael Hoskins
The U.S. Senate today unanimously confirmed David A. Capp as U.S. Attorney for the Northern District of Indiana, about four months after his initial selection for the post.
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Lawyer, exonoree to speak at law school

April 21, 2010
IL Staff
An attorney and the wrongly accused man he helped to free from prison will speak at Notre Dame Law School Thursday.
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COA discusses jury-selection procedures

April 21, 2010
Jennifer Nelson
Despite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.
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SCOTUS declines to take Indiana case

April 20, 2010
Michael Hoskins
The nation's highest court refused to take an Indiana case involving a national insurance crime bureau worker's claim that he was a federal employee rather than an independent contractor when he helped with the prosecution of an insurance case.
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Committee seeks comment on parenting time

April 20, 2010
IL Staff
The Judicial Conference of Indiana's Domestic Relations Committee is accepting comments on the state's parenting time guidelines as it reviews them. The committee is encouraging comments from judicial officers, attorneys, parents, professionals who work with children, and members of the public.
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New foreclosure-prevention initiative announced

April 20, 2010
Rebecca Berfanger
To encourage more eligible Hoosiers to participate in settlement conferences when facing mortgage foreclosures, a new program involving the Indiana Supreme Court and the Indiana Foreclosure Prevention Network was announced today in Fort Wayne.
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Justices rule on casino land-ownership dispute

April 20, 2010
Michael Hoskins
A land-ownership dispute about an Ohio River riverboat-casino docking site is the subject of an Indiana Supreme Court ruling today, touching on land deeds from the 1800s and who had the right to use and give away ownership of less than an acre of land.
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Plaintiff loses federal challenges to voter ID law

April 19, 2010
Jennifer Nelson
A federal judge ruled against a Cumberland man in his federal challenge to Indiana's voter identification law, but did remand his pending state claims to a Marion Superior Court for consideration.
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Judges uphold child pornography sentence

April 19, 2010
Jennifer NelsonMore

Justices reaffirm precedent on worker's comp claims

April 16, 2010
Michael Hoskins
The Indiana Supreme Court has upheld a decision by the state Worker's Compensation Board dismissing an injured trucker's claim, finding the employee's settlement with a third-party driver voided whatever responsibility the company had on the issue.
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Court: Medical record loss is negligence

April 16, 2010
Michael Hoskins
If a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.
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Justices rule on in-state, out-of-state police actions

April 15, 2010
Michael Hoskins
The Indiana Supreme Court has upheld its own law enforcement practices, but leaves those of Alabama's police and judiciary out in the cold.
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COA rules on first impression railroad issue

April 15, 2010
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries he sustained while employed with a transportation company.
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Jury not properly instructed at man's trial

April 15, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful entry into his home.
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Valparaiso law professor recognized for consumer advocacy

April 14, 2010
Rebecca Berfanger
A Valparaiso University School of Law professor was among three professors and four members of Congress honored with the Champion of Consumer Rights Award by the National Association of Consumer Bankruptcy Attorneys Tuesday.
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COA: Inmate must pay filing fees

April 14, 2010
Rebecca Berfanger
The Indiana Court of Appeals has ruled today on another case filed by a New Castle Correctional Facility inmate who had filed at least 50 civil actions.
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Justices rule on trust mill UPL case

April 14, 2010
Michael Hoskins
The Indiana State Bar Association has won an unauthorized practice of law action against an estate planning services company, but wasn't able to completely sway the state's highest court that all "costs and expenses" should be completely granted for the prosecution of the case.
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Judges disagree on case involving juror strikesRestricted Content

April 14, 2010
Michael Hoskins
A Marion County deputy prosecutor's striking of potential jurors has divided an Indiana Court of Appeals panel, with judges disagreeing about whether it should second-guess a lower court's finding that no racial discrimination was in play in striking the African-American jurors.
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Lawyers featured in law student's 5th bookRestricted Content

April 14, 2010
Rebecca Berfanger
Indiana University School of Law - Indianapolis student Erin Albert released her fifth book, “Indianapolis: A Young Professional’s Guide, Second Edition,” at a book launch party and signing April 8.
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SCOTUS declines bar exam denial caseRestricted Content

April 14, 2010
Michael Hoskins
The Supreme Court of the United States has declined to take a case filed by a Fort Wayne man – who’s an attorney in Kansas – on claims that the Indiana Judges and Lawyers Assistance Program and officials running the admittance process here denied him the right to sit for the bar exam.
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  1. 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.

  2. 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).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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