February 22, 2011
Michael HoskinsThe Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address
another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than
a month ago addressing vehicular flight.
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February 21, 2011
Jennifer NelsonA case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question
without the aid of previous interpretations because of a lack of previous caselaw interpreting them.
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February 21, 2011
Jennifer NelsonThe Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony
because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the
enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
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February 18, 2011
Jennifer NelsonFor the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible
for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
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February 18, 2011
Jennifer NelsonAn Indiana Court of Appeals judge expressed concern that a woman’s criminal case may be affected by her admittance of
violating several city ordinances after her dogs attacked two people.
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February 18, 2011
IL StaffIndiana Supreme Court history buffs have a new book to read. The Indiana Historical Society Press has published “Justices
of the Indiana Supreme Court,” which explores the lives of the state’s 106 justices.
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February 17, 2011
Michael HoskinsThe Indiana Supreme Court has granted transfer on a St. Joseph County adoption case and fully adopted a holding by the state’s
intermediate appellate court. In doing so, the state justices invited the prevailing biological mother to request attorney
fees because of what it found to be possible frivolous or bad faith efforts.
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February 17, 2011
Rebecca BerfangerThe Indiana Supreme Court heard oral arguments today involving the subpoena of records from a domestic violence agency by
a defendant who had been charged with two counts of Class A felony child molesting.
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February 17, 2011
Jennifer NelsonThe bill that would end a mandatory retirement age for certain judges and the bill that would unify Clark County courts are
ready for third reading in their respective houses.
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February 15, 2011
Rebecca BerfangerAfter the juvenile court adjudicated two minor children as children in need of services following their mother’s admission
to allegations filed by the Indiana Department of Child Services, the majority of a Court of Appeals panel today reversed
and remanded that finding in favor of the stepfather, who denied the allegations and asked for a fact-finding hearing. One
Court of Appeals judge dissented, writing that she disagreed that the trial court violated the stepfather’s right to
due process in this case.
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February 14, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has reversed the class certification granted by the District Court in a suit brought by unsatisfied
homeowners following a 2006 hailstorm in central Indiana.
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February 14, 2011
Jennifer NelsonThe Indiana Court of Appeals overturned the denial of man’s motion to suppress, finding the traffic stop that resulted
in his drunk driving arrest wasn’t supported by reasonable suspicion.
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February 14, 2011
Jennifer NelsonThe Indiana Supreme Court has publicly reprimanded a Hamilton County attorney for violating Indiana Professional Conduct Rule
1.5(a) by making agreements for and charging unreasonable fees.
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February 10, 2011
Jennifer NelsonThe 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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February 10, 2011
Jennifer NelsonThe 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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February 9, 2011
Jennifer NelsonEnglish 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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February 9, 2011
Jennifer NelsonAfter revising a certified question received from the federal court, Indiana Supreme Court justices answered the question
in the affirmative.
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February 9, 2011
Jennifer NelsonJudge 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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February 8, 2011
Jennifer NelsonA 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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February 8, 2011
IL StaffThe 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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February 7, 2011
Jennifer NelsonA 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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February 7, 2011
Jennifer NelsonThe 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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February 7, 2011
Jennifer NelsonAlthough 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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February 4, 2011
Jennifer NelsonThe 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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February 3, 2011
Jennifer NelsonA 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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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!