Latest News

Justices: Jury issues don't require new trial

June 18, 2009
Jennifer Nelson
The Indiana Supreme Court affirmed a jury award in favor of a man accused of rape in a civil suit, ruling the jury didn't receive improper communications and the trial court didn't err in providing impasse assistance to the jury.
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7th Circuit seeks comment on jury instructions

June 18, 2009
IL Staff
The 7th Circuit Pattern Jury Instruction Committee and Trademark Subcommittee are accepting comments on proposed trademark pattern civil jury instructions.
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Legal malpractice case gets transfer

June 18, 2009
Jennifer Nelson
The Indiana Supreme Court announced today an addition to its June 16 transfers.
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DNA-access ruling may have limited impact

June 18, 2009
Michael Hoskins
A ruling today from the nation's highest court says convicts don't have any constitutional right to test state DNA evidence after their convictions become final, but that decision may not impact Indiana or much of the country.
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Court rules on consecutive enhancements issue

June 17, 2009
Jennifer Nelson
Consecutive habitual offender enhancements are improper, whether the enhancements arise from separate trials on unrelated charges or separate trials on related charges, the Indiana Supreme Court ruled yesterday in two opinions.
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Tax exemption doesn't apply to hotel utilities

June 17, 2009
Jennifer Nelson
The Indiana Supreme Court was split today in its ruling on whether a hotel was entitled to a sales tax exemption on utilities it purchased during 2004 and 2005.
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Inmate loses 3 appeals

June 17, 2009
Jennifer Nelson
Eric D. Smith, the New Castle inmate with the propensity for filing pro se suits, lost three appeals today with the Indiana Court of Appeals.
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Supreme Court grants 3 transfers

June 17, 2009
Jennifer Nelson
The Indiana Supreme Court granted three transfers Tuesday, including a case regarding the state's "non-suspension rule," Indiana Code Section 35-50-2-2(b)(1).
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Court rules on incurred risk in malpractice suit

June 16, 2009
Jennifer Nelson
The Indiana Supreme Court ruled today that, in general, incurred risk isn't a defense to medical malpractice based on negligence or lack of informed consent.
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Justices: new Terre Haute election not needed

June 16, 2009
Michael Hoskins
A special election isn't needed to determine the rightful mayor of Terre Haute, the Indiana Supreme Court ruled today.
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Opinion explains use of supplemental evidence

June 15, 2009
Jennifer Nelson
In affirming a trial court's decision to uphold a board of zoning appeals' denial of a petition for a variance, the Indiana Court of Appeals also addressed the trial court's admission of supplemental evidence pursuant to Indiana Code Section 36-7-4-1009.
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First impression on residential entry issue

June 15, 2009
Jennifer Nelson
Since a man who had permission to be in his ex-girlfriend's garage did not have permission to be in her house, he committed residential entry as a Class D felony when he kicked in her locked kitchen door to use the phone.
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Sanctioned firm settles on legal fees

June 15, 2009
Michael Hoskins
An Indianapolis law firm sanctioned for the conduct of some of its attorneys in an environmental cleanup case won't appeal the sanction and has agreed to pick up some of the opposing counsel's legal tab as part of a settlement agreement.
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Nominees wanted for pro bono award

June 12, 2009
IL Staff
The Indiana Pro Bono Commission is accepting applications for the Randall T. Shepard Award.
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Judges differ on pretrial credit award

June 12, 2009
Jennifer Nelson
Each judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant, who pleaded guilty to one charge - other charges were dismissed - is entitled to, or if he is entitled to any time at all.
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Animal cruelty an exigent circumstance

June 11, 2009
Jennifer Nelson
Ruling on the issue for the first time in state courts, the Indiana Court of Appeals decided animal cruelty rises to the level of exigent circumstances to permit a warrantless search of curtilage. The decision came in a man's appeal of his dog fighting convictions.
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High court grants transfer to CHINS case

June 11, 2009
IL Staff
The Indiana Supreme Court granted transfer today to a case dealing with whether a child can be determined to be a child in need of services with respect to one parent, but not the other.
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Suit based on church-member letter may go on

June 10, 2009
Jennifer Nelson
A letter written by a church member and circulated through another member's work e-mail address contains some allegedly defamatory statements that can be considered secular, so a suit for defamation and invasion of privacy could continue on those statements, the Indiana Court of Appeals ruled today.
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Senator named to Public Defender Commission

June 9, 2009
IL Staff
The Indiana Supreme Court announced today Sen. Brent Steele, R-Bedford, was appointed to the Public Defender Commission by Indiana Senate President Pro Tempore David Long.
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COA: Park ban violates ex post facto laws

June 9, 2009
Jennifer Nelson
Relying heavily on a recent Indiana Supreme Court decision regarding sex offenders and ex post facto laws, the Indiana Court of Appeals split in finding a city ordinance banning a convicted sex offender who no longer has to register with the state was punitive and unconstitutional as applied to him.
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SCOTUS: Elected judges must step aside

June 8, 2009
Michael Hoskins
Elected judges must recuse themselves in cases where large campaign contributions from interested parties create an appearance of bias, the nation's highest court ruled today.
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Court doesn't order contempt sanctions on state

June 8, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals was presented with the question in an Indiana case of how much non-compliance of a consent decree involving Medicaid applications is needed before a District Court can impose civil contempt sanctions.
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Courthouse fire ruled accidental

June 8, 2009
Jennifer Nelson
The fire at the Jefferson County Courthouse May 20 was started accidentally during the soldering of copper downspouts on the roof, officials announced at a press conference this morning.
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COA affirms judgment in property-tax dispute

June 5, 2009
Jennifer Nelson
The Indiana Court of Appeals released an opinion today dealing with a topic that gives many homeowners headaches - property taxes.
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Guardianship program set in Fort Wayne

June 5, 2009
IL Staff
he Volunteer Lawyer Program of Northeast Indiana will host a free event in Fort Wayne about guardianships.
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