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Justices take 5 cases

January 15, 2013
Dave Stafford
The Indiana Supreme Court will weigh whether a student who resisted being handcuffed by a school resource officer merits adjudication as a delinquent for the equivalent of Class D felony resisting law enforcement.
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Property mortgagor, managers owed no duty in case of drowned girl

January 15, 2013
A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and other defendants after the child drowned in the pool of a house that had been abandoned.
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COA: Theft and auto theft adjudications didn’t violate single larceny rule

January 15, 2013
Dave Stafford
A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.
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Detailed settlement agreement not specific enough for son to claim funds

January 15, 2013
Marilyn Odendahl
Although a settlement agreement worked out between siblings included details about who would receive the comic books, the Indiana Court of Appeals ruled because the document did not specifically address the accounts receivable, one of the surviving sons would not be entitled to the money.
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Plank failed to preserve claim med mal cap is unconstitutional

January 15, 2013
Jennifer Nelson
The Indiana Supreme Court unanimously ruled Tuesday that Timothy Plank, who filed a medical malpractice complaint following the death of his wife in 2001, forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality of the Medical Malpractice Act.
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Borrower entitled to retrial on judgment, COA rules

January 15, 2013
Dave Stafford
A Steuben Circuit Court committed reversible error when it failed to admit into evidence an exhibit purporting to show that a borrower had repaid a $650,000 promissory note, the Indiana Court of Appeals ruled Tuesday.
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Father owes support to children conceived via artificial insemination

January 15, 2013
Dave Stafford
A father who contested a trial court order that he must pay child support for two children failed to convince the Court of Appeals that he did not consent to their conception through artificial insemination.
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COA: ‘Appalling character’ of deadbeat dad merits 10-year sentence

January 15, 2013
Dave Stafford
An Elkhart County father whose child support arrearage neared $57,000 lost his second appeal of a case that already has gone to the Indiana Supreme Court.
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Zoeller appoints Washington-based deputy AG

January 14, 2013
IL Staff
Indiana Attorney General Greg Zoeller has named a deputy who will monitor federal legislation and regulations in Washington that could impact the state.
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House Judiciary, Senate Corrections committees to meet

January 14, 2013
IL Staff
The House Judiciary Committee this afternoon is conducting hearings on a pair of bills, and the Senate Corrections and Criminal Law Committee will meet Tuesday.
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Zoeller takes oath for second term

January 14, 2013
IL Staff
Attorney General Greg Zoeller took the oath of office on Monday, officially beginning his second term.
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Ex-Chicago cop among 3 sentenced in Latin Kings prosecutions

January 14, 2013
IL Staff
The continuing federal prosecutions of the Latin Kings street gang that federal authorities have implicated in 19 murders resulted in a 19-year sentence for a former Chicago police officer.
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Volunteer judges needed for high school mock trial competitions

January 14, 2013
IL Staff
The Indiana Mock Trial program is putting out the call for volunteer judges to help with this year’s regional and state competitions as well as the national championship which will be held in Indianapolis in May.
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Judicial appointments made to Marion and Vanderburgh Superior courts

January 11, 2013
IL Staff
In one of his last official acts as governor of Indiana, Mitch Daniels appointed judges to the Vanderburgh and Marion Superior courts. When the two judges will assume their new duties has not been determined.
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Dickson to deliver first State of the Judiciary

January 11, 2013
IL Staff
Chief Justice Brent Dickson will deliver his first State of the Judiciary address to the Indiana General Assembly at 2 p.m. EST on Jan. 23.
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AG asks Supreme Court to review Gingerich conviction

January 11, 2013
Dave Stafford
The Indiana Court of Appeals reversal of an adult murder conspiracy conviction of a then-12-year-old should be reviewed by the state Supreme Court, Attorney General Greg Zoeller said in a statement late Thursday.
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Speedway agreement pledges ADA compliance

January 10, 2013
Dave Stafford
Indianapolis Motor Speedway announced Thursday it will pursue full compliance with the Americans with Disabilities Act in what an attorney involved in the matter said could be the largest settlement agreement under the 1990 law.
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Justices find man not required to register for life as sex offender

January 10, 2013
Jennifer Nelson
The Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.
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Justices adopt changes to parenting time guidelines

January 10, 2013
IL Staff
The Indiana Supreme Court has issued a 33-page order that spells out the changes to the state’s parenting time rule and guidelines. The amendments take effect March 1, 2013.
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Bill on habitual offender filing deadline moves out of committee

January 10, 2013
IL Staff
The Senate Committee on Corrections & Criminal Law voted this week to move legislation that will allow an indictment or information to be amended to include a habitual offender charge at any time before trial, as long as the amendment doesn’t prejudice the substantial rights of the defendant.
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Project honoring retired chief justice is exceeding expectations

January 10, 2013
Marilyn Odendahl
The art project to honor retired Indiana Chief Justice Randall T. Shepard is continuing to draw contributions as the unveiling of the winning design nears.
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Judge supports denying rehearing, but disagrees with colleagues’ rationale

January 9, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.
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Evidence supports wife entitled to protective order against husband

January 9, 2013
Jennifer Nelson
A Tippecanoe County man appealing the issuance of a protective order against him lost his case before the Indiana Court of Appeals Wednesday. The appellate court concluded that the evidence showed his wife is a victim of domestic violence.
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Indiana authors SCOTUS brief on legislative prayer

January 9, 2013
IL Staff
Indiana Solicitor General Thomas M. Fisher drafted an amicus brief filed in the Supreme Court of the United States Monday in Town of Greece, N.Y. v. Galloway, 12-696. The brief, joined by 17 other states, asks the nation’s highest court to grant cert petition and issue a ruling clarifying that prayer is permitted before legislative bodies without requiring leaders to screen prayers for sectarian references.
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US Courts hope to make bankruptcy forms more user-friendly

January 9, 2013
Jennifer Nelson
The United States Courts announced Tuesday that it is seeking comment from the public on proposed updates to the bankruptcy forms used by individual debtors. These changes are the first proposed modernization of the forms in two decades.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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