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High court rules on issue preclusion in tax case

March 16, 2009
Jennifer Nelson
In an opinion handed down March 6, the Indiana Supreme Court had to decide whether a previous ruling barred the Indiana Department of Revenue from raising new contentions in support of a different method of allocation of income to the state.
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Case shows challenge of ending res gestae

March 16, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's convictions and sentence for the 2007 murder and rape of a 14-year-old girl in Columbus, noting that the evidence the man objected to being admitted showed the challenges presented by eliminating the doctrine of res gestae.
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Foreclosure training in Griffith March 18

March 13, 2009
IL Staff
The Indiana Supreme Court has announced its second training session for attorneys, judges and mediators to learn how to handle foreclosure cases, including through pro bono representation.
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High court expands Lambert decision

March 13, 2009
Jennifer Nelson
The Indiana Supreme Court issued two opinions today dealing with incarceration being considered as a substantial change in circumstances to justify modifying a child support order and what date a modification may take place.
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eBay suit presents issue of first impression

March 13, 2009
Jennifer Nelson
In an issue of first impression in Indiana - and possibly in the United States - the Indiana Court of Appeals addressed specific jurisdiction questions in a suit filed by sellers on the online auction site, eBay.
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ILS budget likely to increase

March 12, 2009
Rebecca Berfanger
Thanks to a $40 million increase in funding for Legal Services Corporations signed by President Barack Obama Wednesday, an official at Indiana Legal Services Inc. estimates that the only Indiana-based organization that receives funding from LSC will receive up to an additional $300,000 to $350,000 in funds for the organization's 2009 fiscal year, which runs Jan. 1 to Dec. 31.
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Court split in public defender 'firm' issue

March 12, 2009
Jennifer Nelson
In a disciplinary action released Wednesday by the Indiana Supreme Court, the justices disagreed as to whether two public defenders who worked part time in the same public defender office of Putnam County were "associated in a firm."
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Justices disagree on judge's penalty

March 12, 2009
Michael Hoskins
A suspended Marion Superior judge will be able to return to the bench after another 60 days off the bench, this time without pay.
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Fort Wayne attorney dies

March 12, 2009
Jennifer Nelson
A Northeastern Indiana attorney known for his ability to quote literature died March 9 at the age of 53. Russell Strunk practiced litigation and employment law in Fort Wayne.
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Downtown Indianapolis fire affects law firms

March 12, 2009
Jennifer Nelson
An early morning fire in downtown Indianapolis gave two nearby law firms a scare as flames poured out of the building.
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Court: Don't assume undue influence by child

March 11, 2009
Jennifer Nelson
The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.
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Justices reprimand Allen Circuit judge

March 11, 2009
Michael Hoskins
The Indiana Supreme Court today publicly reprimanded Allen Circuit Judge Thomas Felts, who last summer was arrested for and later pleaded guilty to drunk driving.
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7th Circuit: Courts wrongfully denied re-litigationRestricted Content

March 11, 2009
Jennifer Nelson
Finding Indiana state and District courts erred in denying a convicted killer the chance to re-litigate his claim for relief from execution because he is mentally retarded, the 7th Circuit Court of Appeals vacated the District Court's denial of the man's habeas petition
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Judge suspended for 60 days, no pay

March 11, 2009
Michael Hoskins
The Indiana Supreme Court has suspended Marion Superior Judge Grant W. Hawkins from the bench for 60 days without pay, though two justices wanted a yearlong penalty while two others wanted a month suspension.
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Attorneys get public reprimand

March 11, 2009
Jennifer Nelson
In a disciplinary action released by the Indiana Supreme Court today, the justices held that the text of a 2004 version of the Indiana Professional Conduct Rule 1.15(b), as reinforced by Comment 3, required attorneys to promptly distribute undisputed portions of funds they held for clients or third parties.
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Courthouse commission members named

March 11, 2009
IL Staff
Gov. Mitch Daniels and Indiana Supreme Court Chief Justice Randall T. Shepard have selected the members of the Courthouse Preservation Advisory Commission. The commission will advise county officials on caring for Indiana's historic courthouses and provide recommendations on how they can be preserved.
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Court names temporary judges

March 10, 2009
IL Staff
Two temporary judges have been selected by the Indiana Supreme Court to fill vacancies in Wayne and Madison counties.
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Single order can have more than 1 disposition

March 10, 2009
Michael Hoskins
The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.
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High court: land seller not liable in death

March 10, 2009
Jennifer Nelson
Addressing an issue of first impression today, the Indiana Supreme Court considered under what circumstances a vendor of land may be liable to a third party for harm resulting from the condition of trees on the property near a road.
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Supreme Court grants transfer, remands case

March 10, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case involving a defendant's motion for leave to file a belated appeal and remanded the case for further proceedings.
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2 new members of Public Defender Commission

March 9, 2009
IL Staff
Indiana Speaker of the House Patrick Bauer, D-South Bend, has appointed two new members to the Public Defender Commission, the Indiana Supreme Court announced today. Representatives Vernon G. Smith, D-Gary, and Greg Steuerwald, R-Avon, join the 11-member commission.
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COA upholds denial of motion for class action

March 9, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion for a class-action suit because a claimant seeking redress pursuant the Wage Claims Act has to first submit the claim to the Department of Labor before filing a lawsuit and can't bypass the statute if another member of the putative class has already submitted a claim.
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Presentation focuses on child support issues

March 9, 2009
IL Staff
Attorneys from the Lafayette area, including a representative from the Tippecanoe County Prosecutor's Office, will be on hand to give a presentation and answer questions on child support and related issues during the Legal Aid Corporation of Tippecanoe County's "Legal Aid 101" presentation Wednesday.
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Teen's Fourth Amendment rights not violated

March 9, 2009
Jennifer Nelson
Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.
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Transfer vacated in builder negligence suit

March 6, 2009
IL Staff
The Indiana Supreme Court vacated transfer in an order dated March 4 to a case involving homeowners and companies that performed work on their house
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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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