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COA rules on excessive force under ITCA

December 15, 2009
Jennifer Nelson
The use of excessive force is not conduct immunized under section 3(8) of the Indiana Tort Claims Act, the Indiana Court of Appeals ruled today.
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'Fireman's rule' prevents officer from filing suitRestricted Content

December 15, 2009
Jennifer Nelson
The "fireman's rule" doesn't allow a professional emergency responder to file a claim for the negligence that creates the emergency to which he or she responds, the Indiana Supreme Court upheld today. As a result of its ruling, the high court unanimously ruled a police officer's complaint against an adult showclub must be dismissed.
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Trial judge's comments spur COA reversal

December 15, 2009
Jennifer Nelson
Because of a trial judge's statements following the conviction of a man for having a gun in a controlled area of an airport, the Indiana Court of Appeals reversed the conviction for insufficient evidence.
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Appellate court splits on liability of city

December 15, 2009
Jennifer Nelson
The Indiana Court of Appeals split today in deciding whether the city of South Bend should have known putting heavy machinery on an unstable sidewalk would create an unreasonable risk of harm to a brick restorer.
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SCOTUS orders dismissal for Chrysler case

December 14, 2009
Michael Hoskins
The U.S. Supreme Court took a look at Chrysler's bankruptcy, but decided that the issue is moot and remanded it to the 2nd Circuit Court of Appeals with instructions to dismiss the case.
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Judges uphold molestation convictions

December 14, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's convictions of child molesting because it agreed the victim's recantation of the allegations weren't worthy of credit.
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BLE officers re-elected to new term

December 14, 2009
IL Staff
All four officers of the Indiana Supreme Court's Board of Law Examiners have been re-elected to retain their current positions, according to an announcement today from the court
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Commissioner honors 2 judges for juvenile work

December 14, 2009
IL Staff
LaPorte Circuit Judge Thomas Alevizos and Marion Superior Judge Marilyn Moores have received the Distinguished Hoosier Award for their work with juveniles.
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Supreme Court grants 2 transfers

December 11, 2009
IL Staff
The state's highest court has agreed to hear a case dealing with Indiana's habitual offender statute and another case involving the requirements for a cheek-swab DNA test.
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2 attorneys suspended over real estate deal

December 11, 2009
Jennifer Nelson
Two attorneys have been suspended by the Indiana Supreme Court for their representation of a client in a real estate contract in which one of the attorneys had a financial interest.
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COA dismisses attorney's appeal

December 11, 2009
Jennifer Nelson
The Indiana Court of Appeals dismissed an attorney's interlocutory appeal of the order he pay attorney's fees as a discovery sanction because the attorney didn't timely file his appeal.
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Suspended judge faces disciplinary charges

December 10, 2009
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has filed charges against the suspended LaPorte Superior judge who was shot in the head just before taking the bench this year.
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Tax Court sidesteps first-impression issue

December 10, 2009
Jennifer Nelson
Although the Indiana Tax Court had the opportunity to address an issue of first impression, it decided to save its analysis of the issue for another day because the case could be resolved on other grounds.
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Indiana Supreme Court upholds death penalty

December 10, 2009
Jennifer Nelson
The Indiana Supreme Court today upheld the death penalty for a man convicted of killing a woman and her two daughters. In doing so, the high court re-evaluated its stance on what it means when a jury fails to recommend a sentence.
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Attorney files suit against Indiana's JLAP

December 10, 2009
Michael Hoskins
A lawyer in good standing in Kansas is suing Indiana Judges and Lawyers Assistance Program officials, among others, claiming his civil and constitutional rights were violated during his application process to practice law in this state.
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Justices uphold probation revocation

December 9, 2009
Jennifer Nelson
The Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's appeal - either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule 2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to his claim.
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Supreme Court reverses rape conviction

December 9, 2009
Jennifer Nelson
The Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted rape of another woman shouldn't have been admitted at trial.
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Hearing officer appointed in prosecutor case

December 9, 2009
IL Staff
A hearing officer has been appointed in Delaware County Prosecutor Mark R. McKinney's discipline case. The Indiana Supreme Court made the appointment of Boone Circuit Judge Steve David in a Dec. 7 order.
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AG uses new law to freeze employee's assets

December 8, 2009
Jennifer Nelson
The Indiana Attorney General is using a new public-accountability law to freeze the assets of the Brownstown clerk-treasurer accused of overpaying herself more than $360,000 in taxpayer money.
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Writers lose appeal against newspaperRestricted Content

December 8, 2009
Jennifer Nelson
Two former editorial writers at Indiana's largest newspaper failed to prove they were the victims of religious discrimination, the 7th Circuit Court of Appeals ruled today.
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COA upholds dismissal of proposed class

December 8, 2009
Jennifer Nelson
Potential plaintiffs who want to join a class action suit seeking redress under the state's Wage Claims Statute must first submit a claim to the Indiana Department of Labor, the Indiana Court of Appeals upheld today.
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Suit filed against Marion County traffic court

December 8, 2009
Jennifer Nelson
A suit filed today claims the Marion County traffic court judge is violating residents' constitutional rights by imposing additional fines on those who unsuccessfully challenge their tickets and closing proceedings to the public.
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Indiana chief justice gets national award

December 8, 2009
Michael Hoskins
Indiana Chief Justice Randall T. Shepard is receiving a national award from the American Judicature Society for his "distinguished judicial service."<
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SCOTUS could clarify Miranda warning rights

December 7, 2009
Michael Hoskins
The nation's highest court is considering an appeal that has the potential to affect every arrest and criminal case in the country, including those in Indiana.
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FBI recognizes lawyer for leadership

December 7, 2009
Rebecca Berfanger
An attorney received an award from the FBI's Indianapolis Office for her support of the FBI's community outreach efforts and for furthering the agency's mission.
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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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