January 7, 2009
IL StaffThe public is invited to attend a reception honoring Fulton Circuit Judge Douglas B. Morton as he retires from the bench.
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January 6, 2009
IL StaffThe Indiana Court of Appeals has announced plans to webcast most oral arguments in the Court of Appeals courtroom in the Statehouse.
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January 6, 2009
Michael HoskinsAn Indiana Court of Appeals expansion, executing the mentally ill, and how judges find representation in mandate litigation
are just a few proposals already on tap for the General Assembly to consider this session.
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January 6, 2009
Michael HoskinsThe Indiana Supreme Court has ended a disciplinary action against a former LaPorte Superior judge who'd served in senior
capacity for three years because that jurist has retired and will no longer practice law.
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January 6, 2009
Jennifer MehalikA District Court judge today granted summary judgment in favor of a convenience store company that was being sued by a transgender
employee for sex discrimination after she was fired.
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January 5, 2009
Jennifer MehalikThe 7th Circuit Court of Appeals vacated today a man's sentence following a guilty plea on a child pornography charge
because it was unsure whether his previous conviction in Indiana for sexual misconduct with a minor should be considered abusive
and allow for his minimum sentence to be increased.
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January 5, 2009
Jennifer MehalikThe Indiana Supreme Court justices were split in their decision issued Dec. 31 on whether a defendant's state and federal
constitutional rights were violated when police questioned him about weapons and drugs after he was pulled over for a traffic
violation.
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January 5, 2009
Jennifer MehalikThe Indiana Court of Appeals reversed a woman's conviction of misdemeanor assisting a criminal Jan. 2 because the state
failed to define "fugitive from justice" and prove the criminal was charged with an offense in another state and
fled to Indiana.
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January 5, 2009
Rebecca BerfangerPresident-elect Barack Obama announced today an Indiana University Maurer School of Law - Bloomington professor will be among
those he appoints to the U.S. Department of Justice.
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January 1, 2009
Michael HoskinsThe Indiana State Bar Association wants the state's highest court to define the term "costs and expenses" as it's never done
before, and in doing so order a company being prosecuted for the Unauthorized Practice of Law to have to pay those fees and
disgorge any profits it shouldn't have made in the first place.Hearing arguments today in State of Indiana, Ex. Rel. Indiana
State Bar Association v. United Financial Systems Corp., No. 84S00-0810-MS-551, justices considered an issue of first...
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January 1, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals is sending the denial of a defendant's motion for a sentence reduction back to the District
Court because the Circuit Court needs more than the one-sentence explanation given by the lower court. U.S. District Court
Judge Larry J. McKinney of the Southern District of Indiana, Indianapolis Division, denied Kelvin Marion's motion to reduce
his sentence under Section 3582(c)(2) on a form order that simply said "As directed by 18 U.S.C. § 3581(c)(2) the Court...
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January 1, 2009
Michael HoskinsThe full U.S. Senate will hold a roll call vote at 2:30 p.m. Thursday on an Indianapolis judge's controversial nomination,
deciding whether U.S. Judge David F. Hamilton will move up to the 7th Circuit Court of Appeals.Eight months after President
Barack Obama chose him, and five months after getting through the Senate Judiciary Committee on a partisan vote, Judge Hamilton
will learn whether he'll be elevated to the appellate bench from the Southern District of Indiana, Indianapolis Division,
where he currently...
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January 1, 2009
Michael HoskinsAn environmental group is withdrawing its federal lawsuit alleging clean air violations at a BP plant in Whiting.In the case
of Natural Resources Defense Council v. BP Products North America, No. 2:08-CV-204, the New York-based environmental organization
filed a stipulation for voluntary dismissal with prejudice against the plant.The NRDC had filed the suit in July 2008, claiming
the gas company was violating the Clean Air Act by operating under an air permit it believed allowed too much air pollution.
The suit...
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January 1, 2009
Michael HoskinsThe U.S. Senate Judiciary Committee next week plans to consider an Indianapolis federal judge's nomination for the 7th Circuit
Court of Appeals in Chicago.A hearing on U.S. District Judge David F. Hamilton's nomination for the appellate seat is set
for 2:30 p.m. April 1 in Washington, D.C., according to an agenda posted online today. The hearing will be webcast live.
An assistant attorney general nominee for the Department of Justice is also scheduled to be considered at that hearing.President
Barack Obama nominated...
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January 1, 2009
Jennifer NelsonAdd foster and adoptive parents to the list of people unhappy with the Indiana Department of Child Services for making rate
cuts in 2010. Some of those parents filed a class action suit Tuesday in federal court against DCS director James W. Payne
in hopes of preventing the cuts. The foster and adoptive parents are unhappy about a 10 percent cut in all current foster
care rates and adoption payments beginning January 2010. The parents received a letter from DCS...
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January 1, 2009
IL StaffThe Indiana Supreme Court is seeking comment on potential changes to the Indiana Professional Conduct Rules, Rules of Appellate
Procedure, and Trial Rules. The court's Committee on Rules of Practice and Procedure is considering recommending to the high
court changes to Professional Conduct Rules 7.2, 7.3, 7.4, and 7.5, which deal with lawyer advertising, recommendations or
solicitations of professional employment, and communication of specialty practice; Rules of Appellate Procedure 14, 18, 39,
41, 46, 49, and 50, which include interlocutory...
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January 1, 2009
IL StaffA professor at Indiana University Maurer School of Law in Bloomington was in Washington, D.C., Thursday to testify before
the House Judiciary Committee's Subcommitee on Courts and Competition.Professor and judicial ethics expert Charles G. Geyh
told the committee that the U.S. Supreme Court's decision in Caperton v. A.T. Massey serves as a wake-up call to state and
federal courts to begin taking judicial disqualifications more seriously. Geyh gave a general outlook on judicial disqualification,
noting the challenges in having sitting...
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January 1, 2009
Jennifer NelsonThe Jefferson Superior and Circuit courts have relocated in Madison and are working to get their offices up and running to
handle emergency matters. The courts were forced out of the Jefferson County Courthouse after a fire May 20. Circuit Court
has moved to the Venture Out business center at 875 Industrial Dr. on the hill in Madison. Circuit Judge Ted Todd said the
court is still trying to set up and is using folding tables and chairs until they can...
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January 1, 2009
Michael HoskinsU.S. District Judge Allen Sharp in the Northern District of Indiana died at his home Friday, ending more than 30 years on
the federal bench. He was 77. A notice of his death was posted on the Northern District of Indiana's Web site Friday.
Appointed to the federal bench Oct. 11, 1973, by President Richard Nixon, Judge Sharp took the bench that following month
and served until taking senior status in November 2007. He was the fourth longest-serving active District judge in...
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January 1, 2009
Jennifer NelsonA panel of the Indiana Court of Appeals used an opinion today to highlight what it considered a "serious deficiency" in the
statutes for the treatment of developmentally disabled and mentally ill people in the state's criminal courts. "Simply said,
the Indiana statutory framework allows courts to recognize the mental illness of a criminal defendant only in terms of guilt
for the crime alleged, rather than as a condition that prevents the defendant's ability to form a punishable intention to...
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January 1, 2009
Michael HoskinsThe state's 4-year-old voter identification law is unconstitutional, the Indiana Court of Appeals has ruled. Finding that
the statute regulates voters in a manner that's not uniform and impartial, a unanimous appellate panel has reversed and remanded
a Marion Superior judge's decision and declared the statute void. The decision comes in League of Women Voters of Indiana
and League of Women Voters of Indianapolis v. Todd Rokita, No. 49A02-0901-CV-40.This story will be updated.
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January 1, 2009
Michael HoskinsThe Indiana Supreme Court has suspended for three months a longtime attorney who prepared wills for clients without ever personally
consulting with them.Issuing an order In the Matter of Paul J. Watts, No. 60S00-0809-DI-510, the justices ruled 4-1 that Spencer-based
attorney Paul J. Watts, who's been practicing since 1974, should be suspended for 120 days starting Jan. 29, 2010. The order
was posted online today and is dated Dec. 22.The case stems from a previous disciplinary action involving Bloomington attorney
David...
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January 1, 2009
Michael HoskinsThe Indiana Attorney General's Office wants the nation's top jurists to reject a Hoosier case posing Fourth Amendment
questions about police searches, valid search warrants, and probable cause.
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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.