Latest News

COA: Out-of-state attorneys demonstrated good cause for pro hac vice admission

September 30, 2014
Jennifer Nelson
A Lake County judge misinterpreted a local rule when he determined that five attorneys seeking pro hac vice admission in a contract dispute did not overcome a presumption that attorneys not licensed in Indiana are not permitted to practice before the court. The Court of Appeals ordered the admission of the attorneys.
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COA reverses foreclosure because bank can’t prove it holds the note

September 29, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the foreclosure of an Elkhart man’s home, holding the bank that sought the foreclosure did not establish it was entitled to enforce the promissory note as its holder.
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7th Circuit rebukes counsel involved in attempt to collect debt

September 29, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals had harsh words for counsel on both sides of a lawsuit involving an unpaid educational debt, finding the attorneys have demonstrated “appalling judgment” in this case.
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Taft partner appointed to Bankruptcy Court

September 29, 2014
IL Staff
Jeffrey J. Graham, a partner at Taft Stettinius & Hollister LLP in Indianapolis, is the newest Bankruptcy judge in the Southern District of Indiana. The 7th Circuit Court of Appeals announced his appointment Monday.
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Justices take 4th Amendment case

September 29, 2014
IL Staff
The Indiana Supreme Court will decide a case that divided the Indiana Court of Appeals over whether marijuana and a pipe found after a traffic stop should be suppressed.
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Traveling Magna Carta exhibit opens Monday

September 29, 2014
IL Staff
The American Bar Association’s Magna Cart Facsimile Traveling Exhibit begins its 12-day run at the Indiana Statehouse Monday.
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Prison agency gets $1 million to fight injuries

September 29, 2014
 Associated Press
The Indiana Department of Correction has been awarded nearly $1 million to identify offenders with traumatic brain injuries and help them avoid a return to prison.
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Former workers file suit against state lawmaker

September 29, 2014
 Associated Press
A lawmaker who was one of nine Republican state senators to vote against a right-to-work law two years ago is accused in a lawsuit of failing to pay his employees more than $220,000 in wages and other benefits.
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Dispute over unpaid sewer fees could head to court

September 29, 2014
 Associated Press
Dozens of residents in southern Indiana could face legal action for failing to pay to tie in to sewer lines in a newly annexed area.
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Attorney asks judge to reverse life with no parole

September 29, 2014
 Associated Press
An attorney for a southwestern Indiana man found guilty of fatally shooting his ex-girlfriend's father is asking a judge to reverse the most serious conviction against him.
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JQC issues advisory opinion to judges with family members running for office

September 26, 2014
IL Staff
Judges who have a family member running for elected office may appear in campaign materials as long as the judge’s title or position isn’t mentioned, the Indiana Commission on Judicial Qualifications decided in an advisory opinion released Friday.
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Woman’s suit against hospital for disparaging comments revived by COA

September 26, 2014
Jennifer Nelson
A trial court erred when it dismissed a woman’s intentional infliction of emotional distress claim filed against Community Hospital after she says staff made derogatory comments regarding her situation after she was brought in unconscious and under the influence of a date rape drug.
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Court: Father’s failure to timely register implies consent to adoption

September 26, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the adoption of a child by the maternal grandfather after finding the purported father irrevocably implied consent after failing to timely register with the Indiana Putative Father Registry.
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COA: Letter satisfied notice requirements after city damages pipeline

September 26, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of the city of Plymouth’s motion to dismiss an administrative action against it stemming from damages it caused to an underground natural gas pipeline. The appeals court found the Indiana Utility Regulatory Commission satisfied the statutory and administrative requirements concerning notice of the violation and recommended penalties.
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Access counselor doubts city's need for secrecy on justice center RFP

September 26, 2014
Kathleen McLaughlin
Indiana Public Access Counselor Luke Britt told the city of Indianapolis that he wasn't swayed by its reasons for withholding its request for proposals for a new $500 million criminal justice complex.
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Program gets $1 million US grant to mentor ex-cons

September 26, 2014
 Associated Press
An Indianapolis nonprofit is receiving a $1 million Department of Justice grant to mentor released prison inmates who are mothers and fathers.
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Annexation called ‘legalized bullying’ during interim study committee meeting

September 25, 2014
Marilyn Odendahl
Property owners told Indiana legislators Sept. 24 that despite the General Assembly’s continual tinkering with the state’s annexation statute, the process still favors municipalities by giving them all the power to take the land they want without considering the owners’ wishes.
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COA orders trial over whether trucking company must pay for highway damage

September 25, 2014
Jennifer Nelson
The crash report prepared after a fatal trucking accident on Interstate 70 that resulted in damage to the highway should not have been included as evidence in the state’s lawsuit seeking recovery of the money it spent repairing the highway, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed summary judgment in favor of the state and ordered the matter proceed to trial.
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Justices affirm adoption despite father’s untimely appeal

September 25, 2014
Jennifer Nelson
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
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1,291-day delay in holding trial requires reversing conviction

September 25, 2014
Jennifer Nelson
The “unduly long delay” in bringing a man to trial on a charge of child molesting – 1,291 days – violated his constitutional right to a speedy trial and requires reversing his conviction, the Indiana Supreme Court ruled Wednesday.
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Child services investigators claim unpaid overtime

September 25, 2014
 Associated Press
Two Indiana Department of Child Services investigators say in a lawsuit that they've had to work extensive overtime without receiving required overtime pay.
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White House says Holder resigning as attorney general

September 25, 2014
 Associated Press
Eric Holder, who served as the public face of the Obama administration's legal fight against terrorism and pushed to make the criminal justice system more even-handed, is resigning after six years on the job. He is the nation's first black attorney general.
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Second suit filed over Wal-Mart PCB contamination

September 25, 2014
IL Staff
A second lawsuit has been filed as a result of toxic contamination discovered at an Indianapolis Wal-Mart return center.
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Former sheriff’s deputies lose suit challenging promotion process

September 24, 2014
Jennifer Nelson
Because the phrase “shall endeavor” should be read to mean one shall try, the Indiana Court of Appeals rejected two Indianapolis Metropolitan Police Department officers' arguments that they should have been promoted to captain. The two claimed because they were former sheriff’s deputies, the consolidation of the sheriff’s and city police departments in 2006 required their promotions to maintain proportional representation.
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Bankruptcy Court to hold ceremony for retiring judge

September 24, 2014
Jennifer Nelson
The United States Bankruptcy Court for the Southern District of Indiana is hosting a private retirement ceremony Thursday in honor of Judge James K. Coachys, who is retiring Sept. 30.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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