December 10, 2010
Jennifer NelsonThe Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it
on appeal.
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December 9, 2010
Jennifer NelsonThe state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly
or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion
handed down Wednesday afternoon.
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October 14, 2010
Jennifer NelsonThe Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other
defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a
nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.
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October 13, 2010
Michael HoskinsThe Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card
counters and holding that pathological gamblers can’t recover damages stemming from gambling losses as long as the casinos
are following state regulations.
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October 1, 2010
Michael HoskinsThe Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card-counters
and that problem gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state
regulations.
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September 30, 2010
Michael HoskinsThe Indiana Supreme Court has given casinos a double win today, saying the businesses can ban card-counting and also that
state statute doesn’t allow patrons to recover for losses they might incur because of problem gambling.
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September 30, 2010
Jennifer NelsonThe Indiana Supreme Court overturned a Fulton County man’s murder sentence because a detective continued with the interview
even after the man invoked his right to counsel several times.
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September 29, 2010
Jennifer NelsonThe Indiana Supreme Court held that employer-provided health-insurance benefits constitute an asset once they have vested
in a party to the marriage, and addressed for the first time the possible methods of valuing these benefits in marriage dissolution.
This conclusion led one justice to dissent because it disrupts existing dissolution property division law.
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July 7, 2010
Michael HoskinsWhether someone has worn a black robe before joining an appellate court is a discussion that often surfaces whenever one of
those judiciary posts opens in either the state or federal system.
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July 7, 2010
Michael HoskinsEvery summer, an attorney-authored review analyzes and highlights the Indiana Supreme Court’s activity during the past
year. But only rarely does that report come at a time when the state’s highest court is seeing change.
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June 18, 2010
Jennifer NelsonThe Indiana Supreme Court affirmed summary judgment in favor of a company and its employee in a defamation suit because qualified
privilege precludes the defamation action.
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March 3, 2010
Jennifer NelsonAn offense of attempted dissemination of matter harmful to minors can be committed when a defendant attempts to transmit prohibited
matter by the Internet to an adult police detective posing as a minor, the Indiana Supreme Court ruled Tuesday.
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January 15, 2010
Michael HoskinsEven if a court rule is no longer relevant and an underlying state statute has been removed from the books, the Indiana Supreme
Court says it still applies and must be followed until the justices revisit it themselves or say otherwise.
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December 21, 2009
Michael HoskinsTwo Indiana Supreme Court justices disagreed with their colleagues in not accepting an appeal, finding that a ruling from
the state's intermediate appellate court muddled caselaw on medical business and noncompete agreements, and significantly
jeopardizes the public's access to medical care.
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November 18, 2009
Jennifer NelsonThe Indiana Supreme Court ruled today that a proportional allocation of proceeds from a pre-trial settlement would be best
way to reimburse an estate for funeral and burial expenses.
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June 30, 2009
Michael HoskinsThe Indiana Supreme Court ruled today on an ongoing appeal about how casino revenue is funneled to a for-profit organization
in East Chicago, an issue that has also been raised in an ongoing federal racketeering suit in northern Indiana.
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June 18, 2009
Jennifer NelsonThe Indiana Supreme Court affirmed a jury award in favor of a man accused of rape in a civil suit, ruling the jury didn't
receive improper communications and the trial court didn't err in providing impasse assistance to the jury.
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June 17, 2009
Jennifer NelsonThe Indiana Supreme Court was split today in its ruling on whether a hotel was entitled to a sales tax exemption on utilities
it purchased during 2004 and 2005.
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June 2, 2009
Michael HoskinsEven if Indiana's public school system falls short of where it should be in providing quality education, courts aren't
constitutionally able to set standards or establish a financing formula because that's a task falling solely to the General
Assembly.
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May 28, 2009
Michael HoskinsIn a ruling about whether insurance discounts can be used to determine reasonable medical expenses, two Indiana Supreme Court
justices say their colleagues have created a new rule that is "incomplete, misleading, and unfair" and will add
"layers of complexity, time, and expense to personal injury litigation, impairing the efficient administration of justice."
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April 28, 2009
Michael HoskinsTrial courts can sanction government entities through the state's Alternative Dispute Resolution Rules, but officials
aren't necessarily acting in bad faith if they don't immediately approve mediated agreements to comply with the Indiana
Open Door Law, the Indiana Supreme Court ruled today.
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April 17, 2009
Jennifer NelsonIn the first appeal of a juvenile case under Indiana Appellate Rule 14.1, the "rocket docket," the Indiana Supreme
Court ruled the juvenile court's determination that a child shouldn't be immediately reunited with his mother until
after the school year concluded - contrary to what the Department of Child Services recommended - wasn't clearly erroneous.
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April 9, 2009
Jennifer NelsonA person driving drunk can be arrested even if they are driving on private property, including their own property, ruled the
Indiana Supreme Court Wednesday.
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April 7, 2009
Michael HoskinsThe Indiana Supreme Court has upheld the sentence for a man sentenced to die for the 2001 rape and murder of a 15-year-old
girl in southern Indiana.
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April 7, 2009
Jennifer NelsonUnder the statute governing the wrongful death of an unmarried adult with no dependents, the amount recoverable for reasonable
medical and hospital expenses necessitated by the alleged wrongful conduct is the total amount ultimately accepted after contractual
arrangements with an insurer, Medicare, or Medicaid, and not the total of the charges billed, the Indiana Supreme Court ruled
today.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
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.