Latest News

Madison County joins Odyssey system

December 15, 2010
IL Staff
Madison County is the latest county to go online with the Indiana Supreme Court’s Odyssey case management system. The system connects counties to a network of courts, clerks, law enforcement, and other state agencies.
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Judge Mathias recognized for civics education

December 15, 2010
IL Staff
Indiana Court of Appeals Judge Paul D. Mathias received the Indiana Bar Foundation’s William G. Baker Award Dec. 12 for his work with civics education. Judge Mathias was cited for his work with the We the People program at the state level and in the 3rd Congressional District in Northeast Indiana.
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Appeals court recalls OWI decision

December 15, 2010
Jennifer Nelson
The Indiana Court of Appeals vacated a decision handed down Dec. 9 in which the court was split on the dismissal of a man’s operating while intoxicated charges. The issue was whether the charges should have been dismissed because the defendant didn’t know what vehicle he needed to defend against operating based on the charging information.
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COA rules in favor of national organization in dispute over church property

December 14, 2010
Jennifer Nelson
The Indiana Court of Appeals was faced with an issue between a Vanderburgh County church and its former national organization involving what happens to the local church property once the local church defected to another Presbyterian organization.
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Judges split on construction manager's duty to injured worker

December 14, 2010
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally alter contracts” dealing with safety on jobsites.
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Judge Fisher’s retirement ceremony Friday

December 14, 2010
IL Staff
A retirement ceremony for Indiana’s first Tax Court judge will happen Friday at the Indiana Statehouse.
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COA rules in favor of town on breach of contract claim

December 13, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed partial summary judgment to a city that collected a lower monthly bill rate than what was required for wastewater treatment from a town for 15 years and then sued to recover more than $500,000 it believed was owed to it. The city never informed the town the sewage treatment rate increased or that it was embroiled in a lawsuit over the matter.
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'We The People' students to witness naturalization ceremony

December 13, 2010
Rebecca Berfanger
As part of a three-day program that includes state finals for a civics competition that the Indiana Bar Foundation oversees, students will witness a naturalization ceremony this evening in downtown Indianapolis.
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Justices grant two civil cases, deny 27 appeals

December 13, 2010
IL Staff
The Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.
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BLE director resigns

December 10, 2010
Michael Hoskins
The Indiana Supreme Court is searching for someone new to lead the state’s Board of Law Examiners after Linda L. Loepker resigned earlier this week.
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Justices: sentence shouldn't have been upped on appeal

December 10, 2010
Jennifer Nelson
The 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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Governor appoints former prosecutor candidate to ATC

December 10, 2010
IL Staff
Mark Massa, the Republican candidate for Marion County prosecutor, is the new chairman of the Alcohol & Tobacco Commission. Gov. Mitch Daniels announced the appointment Thursday.
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COA divided on dismissal of OWI charges

December 9, 2010
Jennifer Nelson
The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.
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7th Circuit order changes wording in public-records opinion

December 9, 2010
Rebecca Berfanger
In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”
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Justices split on imprisonment for violating probation

December 9, 2010
Jennifer Nelson
The 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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Appellate court to hear arguments in Fishers

December 9, 2010
IL Staff
The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.
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Judge: not all farm expenses are tax deductible

December 8, 2010
Jennifer Nelson
A probate court incorrectly allowed an estate to deduct three farm-related expenses from its inheritance tax return, but affirmed the deduction of the remaining nine in question, the Indiana Tax Court ruled Tuesday.
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Appellate court rules traffic stop legal

December 8, 2010
Jennifer Nelson
A police officer had reasonable suspicion to stop the car of a man who parked illegally in a handicapped spot after the car made it on to the street, ruled the Indiana Court of Appeals.
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COA: student loan funds exempt from garnishment

December 7, 2010
Rebecca Berfanger
The Court of Appeals today found that student loan funds that had been deposited in a personal account were exempt when it came to whether those funds could be taken from a defendant’s bank account to satisfy a judgment regarding legal fees the defendant owed to the plaintiff.
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Court reverses because of DCS notification policy

December 7, 2010
Michael Hoskins
The Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying him of CHINS proceedings that ultimately led to his paternal rights being taken away.
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Judges uphold denying visitation to ex-partner

December 7, 2010
Jennifer Nelson
The Indiana Court of Appeals ruled today that lawmakers didn’t intend to allow parents to establish joint custody with third parties under Indiana Code Section 31-17-2-3 by simply filing a joint petition with a trial court. Doing so would allow parents and third parties to circumvent the requirements of the Adoption Act.
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Free CLE offered for pro bono volunteers

December 7, 2010
Rebecca Berfanger
Bar associations and pro bono districts are working together to encourage attorneys to sign up to participate in the annual statewide Talk to a Lawyer Today event taking place Jan. 17, 2011. Free CLE, which is offered in December and January to lawyers who volunteer their time with TTALT but is not required to participate in the event, is a video replay of a CLE that originally took place in Indianapolis in October.
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Sale to trust creates first impression

December 6, 2010
Jennifer Nelson
A sale of a home to a trust that included disputed errors in a sales disclosure form presented an issue of first impression for the Indiana Court of Appeals Monday.
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Court splits on duty owed by independent contractor

December 6, 2010
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an “impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was injured.
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Social-services recipients entitled to injunctive relief

December 3, 2010
Jennifer Nelson
The Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana Court of Appeals ruled Friday.
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