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Trial court erred in terminating parenting time

October 2, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the termination of a father's parenting time with his teenage daughters, finding the trial court erred because the decision wasn't supported by the record or statute.
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Committee ponders DCS authority of juveniles

October 2, 2009
Michael Hoskins
An interim legislative committee is deciding what it should do about a last-minute, special session addition giving the Department of Child Services even more control over juvenile justice decisions that judges have historically been entrusted to make.
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Lawsuit alleges city violated Fair Housing Act

October 1, 2009
Jennifer Nelson
The United States has filed a lawsuit against the city of Columbus accusing it of violating the Fair Housing Act because it refused to grant a permit to a nonprofit group that wanted to operate a group home for men recovering from drug and alcohol addiction.
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National Guard attorney settles with firm

October 1, 2009
Michael Hoskins
An Evansville attorney and Indiana National Guardsman is settling a federal lawsuit against the Indianapolis law firm he previously worked for and sued for wrongfully refusing to re-employ him as a staff attorney when he returned from serving active duty in Iraq.
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Fingerprint info now needed in appearance form

October 1, 2009
IL Staff
The state's Supreme Court has amended Indiana Criminal Rule 2.1 to require the prosecuting attorney to include fingerprint information when filing an appearance form in a criminal proceeding. The amendment takes effect Jan. 1, 2010.
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Court: No rehearing based on another decision

October 1, 2009
Jennifer Nelson
The Indiana Tax Court granted a petition for rehearing to clarify its ruling that a Hamilton County property qualified for a charitable/religious exemption. The Tax Court also denied rehearing a St. Joseph County case that claimed the decision in that case should be reconsidered based on the original ruling in the Hamilton County case.
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E-Ticket program wins 2 awards

September 30, 2009
IL Staff
The Indiana Supreme Court's electronic ticketing program has won awards from two safety associations.
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Court denies rehearing in adoption case

September 30, 2009
Jennifer Nelson
The Indiana Supreme Court won't reconsider its reversal of an adoption order granted to a New Jersey man of twin girls born by a surrogate in Indiana.
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SCOTUS accepts Indiana offender-registry case

September 30, 2009
Michael Hoskins
The nation's highest court has taken an Indiana case that asks whether someone can be criminally prosecuted under a federal sex-offense registry law if that defendant's underlying offense and move to another state predated the Sex Offender Registration and Notification Act's passage.
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COA splits on cheek-swab requirements

September 30, 2009
Jennifer Nelson
A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.
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Judges dissent on search after 'knock and talk'

September 30, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to a general distrust of law enforcement.
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Court: Association has no standing to sue

September 29, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a landowners association lacked standing to sue over the rezoning of property despite the argument that its claim survives under the "public standing doctrine."
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7th Circuit discovery pilot program starts Oct. 1

September 29, 2009
IL Staff
The first phase of the 7th Circuit Court of Appeals' Electronic Discovery Pilot Program kicks off Thursday.
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Longtime Owen County prosecutor dies

September 29, 2009
IL Staff
The longest consecutive serving prosecutor in Indiana died Sept. 26. Owen County Prosecutor Allan Fountain was 64.
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Court erred in ordering DCS to pay costs

September 28, 2009
Jennifer Nelson
The Indiana Department of Child Services isn't responsible for the costs of a minor's secure detention because it never entered into a written agreement with the juvenile court to cover the costs, the Indiana Court of Appeals ruled today.
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COA: findings don't support attorney fees

September 28, 2009
Jennifer Nelson
The Indiana Court of Appeals remanded a case today involving attorney fees - the appellate court questioned whether the Indiana High School Athletic Association was trying to dissuade appeals by athletes - because the findings of the case currently don't support the judgment.
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Court split on if lab tech must testify

September 25, 2009
Jennifer Nelson
The state's highest court was split in its ruling on whether the failure of a lab technician who processed DNA evidence to testify at a man's trial violated his Sixth Amendment rights.
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Religion, race, and the law

September 25, 2009
IL Staff
The intersection of religion, race, and the law will be discussed from 4 to 6 p.m. Oct. 4 at the Indiana State Capitol Building.
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High court grants transfer Thursday

September 25, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday to a case questioning whether the Indiana Department of Transportation is liable for the death of an employee of an independent contractor working on a highway project.
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Madison County judge resigns amid misconduct investigation

September 24, 2009
Michael Hoskins
A longtime Madison County judge who's been repeatedly sanctioned and even suspended in the past is resigning amid a new investigation into his alleged misconduct during a 2007 murder trial.
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Court remands custody case for new hearing

September 24, 2009
Jennifer Nelson
Although all three Indiana Court of Appeals judges came to conclusion that the trial court should revisit its order to grant full custody of a child to her abusive father, the judges differed as how the trial court should have approached the matter.
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Justice praises court-technology support

September 24, 2009
IL Staff
Indiana Supreme Court Justice Frank Sullivan Jr. praised Gov. Mitch Daniels' administration's support for improved court technology during a speech Wednesday in Denver. Justice Sullivan addressed a plenary session at the National Court Technology Conference, which is sponsored by the National Center for State Courts.
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Judges disagree as to athlete's eligibility

September 24, 2009
Jennifer Nelson
One Indiana Court of Appeals judge believed his colleagues strayed from the evidence of recruitment and instead focused the family's financial plight when they decided the high school athlete didn't transfer schools primarily for athletic reasons.
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Group criticizes foreclosure mediation programs

September 23, 2009
IL Staff
A report released today by the National Consumer Law Center examining foreclosure mediation programs believes states, including Indiana, need to make substantial changes before the programs can be effective.
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Court upholds injunction in easement case

September 23, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts, and other objects were placed along a disputed easement area to prevent people from driving along it.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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