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7th Circuit affirms writ of habeas corpusRestricted Content

January 27, 2010
Jennifer Nelson
On remand from the Supreme Court of the United States, the 7th Circuit Court of Appeals affirmed the District Court's conditional grant of the petition for a writ of habeas corpus for a man facing the death penalty.
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Indiana attorney set for SCOTUS Wednesday

January 27, 2010
Michael Hoskins
A Terre Haute attorney is making his sixth argument before the nation's highest court Wednesday, but his first before the newest justice. This time he's there on a case that could ultimately change campaign-finance disclosure rules nationally.
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Court commissioner publicly admonished

January 26, 2010
Jennifer NelsonMore

Immunity extends to underlying diagnoses

January 26, 2010
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals concluded that a hospital's statutory immunity for reporting suspected child abuse to authorities extends to its underlying diagnosis.
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Justices take question on salvage statute

January 25, 2010
Jennifer Nelson
The Indiana Supreme Court has accepted a certified question from the 7th Circuit Court of Appeals about a statute on salvage titles that the federal court deemed ambiguous.
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High court grants transfer to voter ID case

January 25, 2010
Jennifer Nelson
The Indiana Supreme Court will decide whether the state's voter identification law violates the Indiana Constitution.
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Masters appointed in cases of 2 judges

January 25, 2010
Jennifer Nelson
The Indiana Supreme Court has appointed masters to the disciplinary cases of Bicknell City Court Judge David A. Moreland and LaPorte Superior Judge Jennifer Evans Koethe.
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COA: Parole revocation not unconstitutional

January 25, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed that the decision to revoke a defendant's parole because he refused to take a polygraph test wasn't based on an impermissible ex post facto application of state statute.
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Senate gets resolution on marriage, civil unions

January 22, 2010
Michael Hoskins
The Senate Judiciary Committee spent most of its time this week discussing the definition of marriage in Indiana and whether a constitutional amendment should be sent to voters to make it tougher for courts and legislators to rewrite how they handle both gay marriage and civil unions.
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Justices abandon 'mere possession' rule

January 22, 2010
Jennifer Nelson
The Indiana Supreme Court's decision Thursday abandoned the "mere possession rule" when it comes to convictions of theft and receiving stolen property and restored the state's original view that the possession of recently stolen property should be considered with other evidence in the case.
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High court takes sentence-review case

January 22, 2010
Jennifer Nelson
The state's highest court has decided to take a case in which a defendant questioned whether the appellate review of a sentence should consider the suspended portion of a sentence as qualitatively different from the executed portion when determining if a sentence is inappropriate.
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Committee action deadline nearing

January 22, 2010
Michael Hoskins
The Indiana General Assembly's influential judiciary committees have a packed week ahead where both representatives and senators will review a mass of legislation as deadline approaches.
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What the ISBA is watching this session

January 22, 2010
Jennifer Nelson
The Indiana State Bar Association is watching several bills introduced in this 2010 session, including probate and family law matters.
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State of Judiciary to air on PBS

January 22, 2010
IL Staff
For those who weren't able to catch Chief Justice Randall T. Shepard's State of the Judiciary in person or want to see it again, Indiana Public Broadcasting Stations around the state will air the speech next week.
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Indiana attorneys help Haiti

January 21, 2010
Rebecca BerfangerMore

Judge blocks DCS rate changes for now

January 21, 2010
Michael Hoskins
A federal judge in Indianapolis has temporarily blocked the Indiana Department of Child Services from reducing the amounts it pays to foster and adoptive parents and juvenile-service providers.
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4 Indiana nominations sent to Senate

January 21, 2010
IL Staff
President Barack Obama's list of 40 nominees included four Indiana nominations.
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7th Circuit addresses digital media searchesRestricted Content

January 21, 2010
Jennifer Nelson
Despite being troubled by some aspects of a police officer's search of computers of a man charged with voyeurism - during which the officer discovered child pornography - the 7th Circuit Court of Appeals found the search didn't exceed the scope of the original warrant.
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COA in Carmel to hear appeal of sanctions

January 20, 2010
Jennifer Nelson
The Indiana Court of Appeals visits Carmel High School Thursday to hear arguments in a case stemming from a propane gas explosion.
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Chief justice: courts handling the tough times

January 20, 2010
Michael Hoskins
The recession has hit Indiana's judiciary just as it has everyone else, but the state's chief justice said record numbers of cases are slamming the courts and the General Assembly can help ease that caseload.
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Former attorney gets probation in fraud case

January 20, 2010
Jennifer Nelson
A former attorney who pleaded guilty to mail fraud last year was sentenced to 3 years probation Tuesday by a federal judge.
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COA: annexed parcels must touch each other

January 20, 2010
Jennifer Nelson
The Indiana Court of Appeals reaffirmed today that Indiana requires that an annexation ordinance applies only to solid, unbroken areas of land. This issue arose in an annexation dispute between two northern Indiana towns.
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Majority: No double jeopardy in enhancement

January 20, 2010
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals was divided about whether a man's sentence enhancement based on his use of a deadly weapon violated the application of double-jeopardy principals.
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Circuit Court upholds attorney-fee reduction

January 19, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals wasn't swayed by an attorney's arguments that the amount of attorney's fees he was entitled to shouldn't have been reduced by nearly $90,000.
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SCOTUS denies Evansville shopping center case

January 19, 2010
Michael Hoskins
The nation's highest court has refused to accept a case from the Indiana Supreme Court, which almost a year ago reduced a $2.3 million jury award in favor of an Evansville shopping center owner because of traffic flow issues created by the state.
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  1. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  2. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  3. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  4. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  5. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

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