Latest News

Indy to host national conference for Lawyers Assistance Programs

July 28, 2010
IL Staff
Indiana’s Judges and Lawyers Assistance Program is partnering with the American Bar Association Commission on Lawyer Assistance Programs to host this year’s national conference in October in Indianapolis.
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Mother of stillborn fetus satisfies actual victim requirement in Med-Mal Act

July 27, 2010
Jennifer Nelson
The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice resulted in injuries to the mother, fetus, or both.
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Judge worries ruling may make bright-line rule in traffic stops

July 27, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns were legitimate enough to allow the officer to search a car after a traffic stop.
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Court upholds discrimination claims in coroner's office

July 27, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner could receive.
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Federal office: No Hatch Act violations in Dearborn County

July 27, 2010
Michael Hoskins
A federal government office has cleared two Dearborn County officials who’d been accused by the former county attorney of violating federal law that restricts political activity for those involved with federally funded programs.
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Majority overturns enticement of minor conviction based on error

July 26, 2010
Jennifer Nelson
Addressing for the issue for the first time, the 7th Circuit Court of Appeals ruled the “ostrich instruction” in context of 18 U.S.C. Section 2422(b) was not appropriately given to the jury in an enticement of a minor trial.
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Arbitration of FCRA claim survives bankruptcy discharge

July 26, 2010
Jennifer Nelson
A man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy proceedings, the Indiana Court of Appeals ruled today.
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East Chicago casino case still alive

July 26, 2010
Michael Hoskins
A years-long court battle over millions of dollars in East Chicago casino revenue remains alive after a Marion County judge vacated an earlier dismissal of the civil suit and blocked the release of $8 million in disputed funds that had been part of a settlement.
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Judge rules against Inlow heirs

July 23, 2010
J.K. Wall
A week after a bizarre court hearing where opposing attorneys took turns questioning one another on the witness stand, Hamilton County Judge Steve Nation ruled Friday that the heirs of former Conseco Inc. executive Lawrence Inlow failed to justify their attempt to remove Cincinnati-based Fifth Third Bank as the personal representative of the estate.
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Nominations sought for numerous awards

July 23, 2010
IL Staff
If you know of a lawyer or judge who demonstrates dedication and professionalism above and beyond most, there are several awards for which they may be considered. Deadlines are quickly approaching.
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COA: Trial court to decide pre-sentencing educational credit time

July 23, 2010
Elizabeth Brockett
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing, the Indiana Court of Appeals ruled today.
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Defendants entitled to competency hearing in probation revocations

July 22, 2010
Jennifer Nelson
Defendants are entitled to a competency hearing as part of their due process rights, the Indiana Court of Appeals concluded today, addressing the issue for the first time.
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Plain English jury instructions now available

July 22, 2010
IL Staff
The Indiana Model Civil Jury Instructions, which were prepared by the Civil Instructions Committee of the Indiana Judges Association and are written in plain English, are now available.
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President names former deputy sheriff for U.S. Marshal

July 22, 2010
IL Staff
President Barack Obama nominated Myron M. Sutton, a former deputy sheriff in Newton County in 1998-2007, as United States Marshal for the Northern District of Indiana.
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Judges disagree on whether grandfather can adopt

July 21, 2010
Jennifer Nelson
Judges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but allow the mother to retain her parental rights under Indiana law.
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Medicaid applications review policy doesn't violate federal law

July 21, 2010
Jennifer Nelson
An administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled today.
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Mom sues over girls' high school basketball schedule

July 21, 2010
Jennifer Nelson
A Franklin County mother is suing the Indiana High School Athletic Association and multiple school districts claiming discrimination against the girl’s basketball team based on when the girls play their games.
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Terre Haute attorney dies

July 21, 2010
Jennifer Nelson
A Terre Haute attorney and former member of the Indiana House of Representatives died Monday.
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Judge faces 4 charges

July 21, 2010
Michael Hoskins
A Marion Superior judge presiding over the county’s traffic court faces four judicial misconduct charges as a result of his general handling of traffic infraction cases and one suit in particular, where the state justices have described him as being “biased.”
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9 semi-finalists in running for justice spot

July 21, 2010
Michael Hoskins
Nine attorneys remain in the running to be the next Indiana Supreme Court justice after a seven-member commission narrowed down a list of nearly three-dozen applicants earlier this month for the court opening.
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Hogsett tapped for U.S. Attorney post

July 21, 2010
Michael Hoskins
When Indianapolis attorney Joe Hogsett received the news that he’d been tapped by President Barack Obama to be the next U.S. Attorney for the Southern District of Indiana, one of his first thoughts was that this could be the next home run in his career.
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Disciplinary rulings explore 'knowing' standard

July 21, 2010
Michael Hoskins
Attorneys faced misconduct cases involving incorrect citation, agreement-signing.
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Attorneys assist young entrepreneurs

July 21, 2010
Rebecca Berfanger
When an attorney in a bar association’s program for young lawyers learned that a program that helps at-risk youth to start and maintain their own businesses was in transition and needed a little help, he suggested his group step in.
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Anything you tweet may be used against you...Restricted Content

July 21, 2010
Michael Hoskins
Instant updates on Facebook and Twitter are becoming a staple in people’s lives, and those social media networks are becoming a more common part of the litigation process in state and federal courts.
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Attorney fees not recoverable under adult wrongful death statute

July 20, 2010
Elizabeth Brockett
The Indiana Court of Appeals today disagreed about an issue of first impression regarding recovery of attorney fees under the adult wrongful death statute.
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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